Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 34197 

must comply with § 187.307. The 

application must include the existing 

certificate unless the certificate is lost, 

stolen, mutilated, destroyed, or 

otherwise unavailable. 

(c) A replacement certificate of title 

created by the office must comply with 

§ 187.309 and indicate on the face of the 

certificate that it is a replacement 

certificate. 

(d) If a person receiving a replacement 

certificate of title subsequently obtains 

possession of the original written 

certificate, the person must promptly 

destroy the original certificate of title. 

§ 187.323 Rights of purchaser other than 

secured party. 

(a) A buyer in ordinary course of 

business has the protections afforded by 

State law even if an existing certificate 

of title was not signed and delivered to 

the buyer or a new certificate listing the 

buyer as owner of record was not 

created. 

(b) Except as otherwise provided in 

§§ 187.317 and 187.324, the rights of a 

purchaser of a vessel who is not a buyer 

in ordinary course of business or a lien 

creditor are governed by State law. 

§ 187.324 Rights of secured party. 

(a) Subject to paragraph (b) of this 

section, the effect of perfection and nonperfection of a security interest and the 

priority of a perfected or unperfected 

security interest with respect to the 

rights of a purchaser or creditor, 

including a lien creditor, is governed by 

State law. 

(b) If, while a security interest in a 

vessel is perfected by any method under 

this subpart, the office creates a 

certificate of title that does not indicate 

that the vessel is subject to the security 

interest or contain a statement that it 

may be subject to security interests not 

indicated on the certificate— 

(1) A buyer of the vessel, other than 

a person in the business of selling or 

leasing vessels of that kind, takes free of 

the security interest if the buyer, acting 

in good faith and without knowledge of 

the security interest, gives value and 

receives possession of the vessel; and 

(2) The security interest is 

subordinate to a conflicting security 

interest in the vessel that is perfected 

under § 187.315 after creation of the 

certificate and without the conflicting 

secured party’s knowledge of the 

security interest. 

§ 187.325 Duties and operation of office. 

(a) The office must retain the evidence 

used to establish the accuracy of the 

information in its files relating to the 

current ownership of a vessel and the 

information on the certificate of title. 

(b) The office must retain in its files 

all information regarding a security 

interest in a vessel for at least 10 years 

after the office receives a termination 

statement regarding the security 

interest. The information must be 

accessible by the hull identification 

number (HIN) for the vessel and any 

other methods provided by the office. 

(c) If a person submits a record to the 

office, or submits information that is 

accepted by the office, and requests an 

acknowledgment of the filing or 

submission, the office must send to the 

person an acknowledgment showing the 

HIN of the vessel to which the record or 

submission relates, the information in 

the filed record or submission, and the 

date and time the record was received 

or the submission accepted. A request 

under this section must contain the HIN 

and be delivered by means authorized 

by the office. 

(d) The office must send or otherwise 

make available in a record the following 

information to any person that requests 

it and pays the applicable fee: 

(1) Whether the files of the office 

indicate, as of a date and time specified 

by the office, but not a date earlier than 

3 days before the office received the 

request, any certificate of title, security 

interest, termination statement, or title 

brand that relates to a vessel— 

(i) Identified by a HIN designated in 

the request; 

(ii) Identified by a vessel number 

designated in the request; or 

(iii) Owned by a person designated in 

the request. 

(2) With respect to the vessel— 

(i) The name and address of any 

owner as indicated in the files of the 

office or on the certificate of title; 

(ii) The name and address of any 

secured party as indicated in the files of 

the office or on the certificate, and the 

effective date of the information; and 

(iii) A copy of any termination 

statement indicated in the files of the 

office and the effective date of the 

termination statement. 

(3) With respect to the vessel, a copy 

of any certificate of origin, secured party 

transfer statement, transfer-by-law 

statement under § 187.320, and other 

evidence of previous or current transfers 

of ownership. 

(e) In responding to a request under 

this section, the office may provide the 

requested information in any medium. 

On request, the office must send the 

requested information in a record that is 

in keeping with State rules of evidence. 

Dated: May 31, 2022. 

W.R. Arguin, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2022–11995 Filed 6–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

New Mailing Standards for the 

Separation of Hazardous Materials 

AGENCY: Postal ServiceTM. 

ACTION: Interim final rule. 

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 PCFederalRegister@usps.gov, 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® 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. 


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1The FAA notes that the publicly reported 

incidents do not represent all incidents reported to 

the FAA, let alone all such incidents at large. 

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® 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

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 strikeanywhere matches. Incidents include 

unlabeled or improperly labeled airineligible 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 airineligible 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 


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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 nonHAZMAT. 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, preowned 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 lithiumbattery 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, preowned, 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 


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34200 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 

2See 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’’). 

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. 

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 HazardousMaterials 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-hazardousmaterials 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 


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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] 

Surface 

transportation 

Air 

transportation 1 Mailpiece limitations 2

Lithium Metal or Lithium Alloy Batteries 3 4

Small, non-rechargeable, consumer-type batteries 

Contained in (properly installed in equipment) ................ Mailable ............... Mailable ............... 8 cells or 2 batteries, 11 lbs. 

Packed with equipment, but not installed in the equipment.Mailable ............... Mailable ............... 8 cells or 2 batteries, 11 lbs. 

Without the equipment they operate (individual batteries 

in originally sealed packaging).

Mailable ............... Prohibited ............ 5 lbs. 

Lithium-ion or Lithium Polymer Batteries 5 6

Small, rechargeable, consumer-type batteries 

Contained in (properly installed in equipment) ................ Mailable ............... Mailable ............... 8 cells or 2 batteries. 

Packed with equipment, but not installed in the equipment.Mailable ............... Mailable ............... 8 cells or 2 batteries. 

Without the equipment they operate (individual batteries 

in originally sealed packaging).

Mailable ............... Prohibited ............ 5 lbs. 

Without the equipment they operate (individual batteries 

in originally sealed packaging) (Intra-Alaska only).

(*) ........................ Mailable ............... 8 cells or 2 batteries. 

Very Small Lithium Metal or Lithium-ion Batteries 7 8

Exception for very small consumer-type batteries in USPS air transportation 

Contained in (properly installed in equipment) ................ Mailable ............... Mailable ............... No limit on cells/batteries 5.5 pounds. 

Packed with equipment, but not installed in the equipment.Mailable ............... Mailable ............... No limit on cells/batteries 5.5 pounds. 

Damaged, Defective, or Recalled Batteries ........................ Prohibited, unless approved by the manager, Product Classification. 

1Pre-owned, damaged, or defective electronic devices are prohibited from Air Transportation. 

2When a mailpiece limitation of 8 cells or 2 batteries is applicable, a mailpiece may contain either 8 cells or 2 batteries, not both. 

3Each cell must not contain more than 1g lithium content. 

4Each battery must not contain more than 2g aggregate lithium content. 

5Each cell must not exceed more than 20 Wh (watt-hour rating). 

6Each battery must not exceed 100 Wh. 

7Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content. 

8Each 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 preowned, 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] 

International 

APO/FPO/DPO 1 2 Mailpiece battery limit 3

Lithium Metal or Lithium Alloy Batteries 4 5

Small, non-rechargeable, consumer-type batteries 

Contained in (properly installed in equipment) .................................................. Mailable ............... Maximum of 4 cells or 2 batteries. 


lotter on DSK11XQN23PROD with RULES1
34202 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 

International 

APO/FPO/DPO 1 2 Mailpiece battery limit 3

Packed with equipment, but not installed in the equipment ............................. Prohibited.

Without the equipment they operate (individual batteries in originally sealed 

packaging).

Prohibited.

Lithium-ion or Lithium Polymer Batteries 6 7

Small, rechargeable, consumer-type batteries 

Contained in (properly installed in equipment) .................................................. Mailable ............... Maximum of 4 cells or 2 batteries. 

Packed with equipment, but not installed in the equipment ............................. Prohibited.

Without the equipment they operate (individual batteries in originally sealed 

packaging).

Prohibited.

Very Small Lithium Metal or Lithium-ion Batteries 8 9

Exception for very small consumer-type batteries in international transportation 

Contained in (properly installed in equipment) .................................................. Mailable ............... Maximum of 4 cells or 2 batteries. 

Packed with equipment, but not installed in the equipment ............................. Prohibited.

Without the equipment they operate (individual batteries in originally sealed 

packaging).

Prohibited.

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. 3When a mailpiece limitation of 4 cells or 2 batteries is applicable, a mailpiece may contain either 4 cells or 2 batteries, not both. 

4Each lithium metal or lithium alloy cell must not contain more than 1g lithium content. 

5Each lithium metal or lithium alloy battery must not contain more than 2g of aggregate lithium content. 

6Each lithium-ion or lithium polymer cell must not exceed more than 20 Wh (watt-hour rating). 

7Each lithium-ion or lithium polymer battery must not exceed 100 Wh. 

8Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content. 

9Each 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 preowned, 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 preowned, 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 preowned, 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. 

* * * * * 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0400; FRL–9849–01– 

OCSPP] 

Picarbutrazox; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of picarbutrazox 

in or on multiple commodities which 

are identified and discussed later in this 

document. Syngenta Crop Protection, 

LLC requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective June 

6, 2022. Objections and requests for 

hearings must be received on or before 

August 5, 2022and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0400, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0400 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

August 5, 2022. Addresses for mail and 

hand delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2021–0400 by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of August 24, 

2021 (83 FR 47275) (FRL–8792–02), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP #1F8917) by 

Syngenta Crop Protection, LLC, 410 

Swing Road, P.O. Box 18300, 

Greensboro, NC 27410–8300. The 

petition requested that 40 CFR 

180.718(a) be amended by establishing 

tolerances for residues of the fungicide 

picarbutrazox, (1,1-dimethylethyl N-[6- 

[[[(Z)-[(1-methyl-1H-tetrazol-5-yl)

phenylmethylene]amino]oxy]methyl]-2- 

pyridinyl]carbamate, in or on the 

following raw agricultural commodities: 

Barley, grain at 0.01 parts per million 

(ppm); Barley, hay at 0.01 ppm; Barley, 

straw at 0.01 ppm; Bean, forage at 0.01 

ppm; Bean, hay at 0.01 ppm; 

Buckwheat, forage at 0.01 ppm; 

Buckwheat, grain at 0.01 ppm; 

Buckwheat, hay at 0.01 ppm; 

Buckwheat, straw at 0.01 ppm; Cotton at 

0.01 ppm; Cotton, gin byproducts at 

0.01 ppm; Cotton, undelinted seed at 

0.01 ppm; Herb group 25 at 0.01 ppm; 

Millet, pearl, forage at 0.01 ppm; Millet, 

pearl, grain at 0.01 ppm; Millet, pearl, 

hay at 0.01 ppm; Millet, pearl, straw at 


lotter on DSK11XQN23PROD with RULES1