US Postal Service - Proposed New Markings for Parcels containing Haz Mat

7/30/2019 US Postal Service - Proposed New Markings for Parcels containing Haz Mat

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60334 Federal Register / Vol. 77, No. 192/ Wednesday, October 3, 2012 / Proposed Rules

the moving parties stated that they havediscussed the proposed regulation, butgiven the complexity of the issuesinvolved, they need more time tocomplete their discussions and toprepare a joint set of reply comments(assuming they are able to reach anagreement). The moving parties statedthat a three week extension would

facilitate these discussions withoutcausing harm to any interested person.

In their initial motion, the NCTA, theJoint Sports Claimants, and the ProgramSuppliers asked the Office to extend thedeadline for reply comments untilOctober 3rd, indicating that this wouldgive them a sufficient amount of time todiscuss the proposed regulation and toreach an agreement regardingprocedures to be presented to the Officeas part of the reply comments. Havinggranted that request, the Office isreluctant to extend the deadline further.But in the interest of giving the NCTA,

the Joint Sports Claimants, the ProgramSuppliers, and any other interestedparties an opportunity to wrap-up theirdiscussions, and if possible, to preparea joint recommendation on the proposedregulation, the Office has decided togrant the stakeholders request andextend the deadline for filing replycomments by another three weeks,making reply comments due by October24, 2012. Further extensions will not begranted.

Dated: September 27, 2012.

Maria A. Pallante,

Register of Copyrights.

[FR Doc. 201224321 Filed 10212; 8:45 am]

BILLING CODE 141030P

POSTAL SERVICE

39 CFR Part 111

New Marking Standards for ParcelsContaining Hazardous Materials

AGENCY: Postal ServiceTM.

ACTION: Proposed rule.

SUMMARY: The Postal Service is

proposing to revise Mailing Standardsof the United States Postal Service,Domestic Mail Manual (DMM) 601.10to adopt new mandatory markingstandards for parcels containingmailable hazardous material that willalign with the revised requirementsprovided by the Department ofTransportation (DOT). This proposedrule also provides terminology andcategorization changes needed torespond to the pending elimination ofthe Other Regulated Material (ORMD) category and the partial elimination

of the Consumer Commodity categoryby the DOT.

DATES: Submit comments on or beforeOctober 23, 2012.ADDRESSES: Mail or deliver writtencomments to the manager, ProductClassification, U.S. Postal Service, 475LEnfant Plaza SW., Room 4446,Washington, DC 202605015. You mayinspect and photocopy all writtencomments at USPS HeadquartersLibrary, 475 LEnfant Plaza SW., 11thFloor North, Washington, DC, byappointment only between the hours of9 a.m. and 4 p.m., Monday throughFriday. Call 2022682906 in advancefor an appointment. Email comments,containing the name and address of thecommenter, may be sent [email protected],with asubject line of Hazardous Materials.Faxed comments are not accepted.FOR FURTHER INFORMATION CONTACT:Kevin Gunther at 2022687208.SUPPLEMENTARY INFORMATION: The PostalService proposes to revise DMM 601.10,and to make corresponding revisions toPublication 52, Hazardous, Restricted,and Perishable Mail, chapters 2, 3 and7, and Appendices A and C, to adoptnew marking standards for parcelscontaining mailable hazardousmaterials. These marking standardswere recently added to the DMM foroptional use by mailers, as analternative to the current DMM markingstandards for parcels containingmailable hazardous materials.

If this proposal is adopted, the Postal

Service will require use of thesemarkings on parcels intended for air andsurface transportation. However, thenew markings standards will bedeferred for parcels intended for surfacetransportation, to coincide with thedelayed implementation date for groundtransportation proscribed by the DOT.The new standards, including proposedimplementation dates, are summarized

below.Mailers should note that any other

marking or documentation requirementsnot specifically referenced in thisproposed rule, including the

preparation of a properly completedshippers declaration, will not bemodified or eliminated by any of therevisions described herein.

Background

On January 19, 2011, the DOTsPipeline and Hazardous Materials SafetyAdministration (PHMSA) publishedfinal rule HM215K (76 FR 33083389),which harmonized the requirements ofthe U.S. Hazardous MaterialsRegulations (HMR) with internationaltransport requirements. In its Federal

Register final rule, PHMSA signaled itsintent to, among other things, eliminatethe Other Regulated Material (ORMD) classification for all forms oftransportation. This change will becomeeffective on January 1, 2013 forshipments intended for airtransportation, and on January 1, 2015for shipments intended for surface

transportation.In addition to the elimination of the

ORMD category, PHMSA alsoeliminated the consumer commoditycategory for products in hazard classes4, 5, and 8, as well as a portion ofhazard class 9, for all shipmentsintended for air transportation. Thischange will become effective on January1, 2013. After this date, the mailabilityof materials previously falling withinthe consumer commodity categorymust be evaluated based on itseligibility under the limited quantitycategory in the HMR.

PHMSA expects that the alignment ofthe existing limited quantity provisionsin the HMR with international standardsand regulations will enhance safety byfacilitating a single uniform system oftransporting limited quantity materials.Because of the inherent risk unique toair transportation, PHMSA believes thatfull harmonization with theInternational Civil AviationOrganization Technical Instructions(ICAO TI) is necessary with regard tothe materials authorized and theguidelines for limited quantities(including consumer commodities)intended for transport by air. The ICAO

TI also include specific provisions forair transport of dangerous goods in themail, which are much more restrictivethan the general standards. Nodangerous goods are allowed ininternational mail, with the exception ofcertain infectious substances, certainpatient specimens and certainradioactive materials as noted in section135 ofMailing Standards of the UnitedStates Postal Service, International MailManual (IMM); and these materialsmay only be sent by authorized mailersfor authorized purposes.

Proposed Air Transport Standards for

January 1, 2013The Postal Service plans to align its

hazardous materials mailingrequirements with those of the DOTPipeline and Hazardous Materials SafetyAdministration (PHMSA) by proposingthe mandatory use of the markingstandards described in this proposedrule on all parcels intended for airtransportation. These rules wereincorporated into the DMM for optionaluse on August 6, 2012. If this proposalis adopted these optional markings will

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60335Federal Register / Vol. 77, No. 192/ Wednesday, October 3, 2012 / Proposed Rules

become mandatory effective January 1,2013.

The Postal Service proposes tocategorize hazardous materials currentlymeeting the definition of a mailableORMD material within hazard classes4, 5, or 8, and portions of 9, using thedescription mailable limited quantity;and will retain the description

consumer commodity for all othermailable hazard classes. If this proposalis adopted, the Postal Service will revisethe DMM to replace the current ORMD category for parcels containingmaterials intended for air transportationwith the applicable consumercommodity or the new mailablelimited quantity categories, effective

January 1, 2013.Under this proposal, mailpieces

containing currently authorized air-eligible consumer commodities (ORMDAIR) within DOT Class 2.2(nonflammable, nontoxic gasses), Class3 (flammable and combustible liquids),Class 6.1 (toxic substances), and Class 9(miscellaneous) will be reclassified ashazard class 9 (miscellaneous) insteadof their previous ORMDAIRclassification. Mailpieces containingthis material will also be required to

bear the proper shipping nameConsumer Commodity, theIdentification Number ID8000, and

both the DOT square-on-point markingincluding the symbol Y and anapproved DOT class 9 hazardousmaterial warning label. Mailpieces mustalso bear a shippers declaration fordangerous goods.

Mailpieces containing mailable air-authorized limited quantity class 9materials within UN3077, UN3082,UN3175, UN3334 and UN3335, will also

be required to bear the proper shippingname Consumer Commodity,Identification Number ID8000, and

both the DOT square-on-point markingincluding the symbol Y and anapproved DOT Class 9 hazardousmaterial warning label. These are theonly Class 9 materials authorized by theDOT to be shipped under the limitedquantity classification by domestic airtransportation.

If this proposal is adopted, the PostalService will also require the use of otherDOT hazardous warning labels onpackages intended for air transportation,containing materials that meet thecurrent definition of a mailable ORMDmaterial in hazard class 5.1 (oxidizingsubstances), hazard class 5.2 (organicperoxides) and hazard class 8(corrosives). The DOT will not bedefining a consumer commoditycategory for these particular hazardclasses. Similarly, the DOT will not bedefining a consumer commodity in

hazard class 4 (flammable solids);however this will not have an impact forUSPS mailers since the Postal Servicedoes not currently permit hazard class4 materials in its air transportationnetworks. These mailpieces will also berequired to bear the proper shippingname and Identification Number, asidentified in Publication 52 Appendix

A, both DOT square-on-point marking(including the symbol Y) and theappropriate approved DOT hazardousmaterial warning label. Mailpieces mustalso bear a shippers declaration fordangerous goods.

Until January 1, 2015, mailablehazardous materials intended forsurface transportation will continue to

be classified using the ORMDcategorization. Until that time, mailerswill have the option of continuing touse the current ORMD marking formaterials intended for groundtransportation, or using the new DOT-

authorized square-on-point limitedquantity marking on parcels containingmailable hazardous materials.

Proposed Surface Transport Standardsfor January 1, 2015

The Postal Service plans toimplement the final segment of itsalignment with PHMSA by proposingthe elimination of the optional ORMDmarkings and categorization forhazardous materials intended forsurface transportation on January 1,2015. If this proposed rule is adopted,the use of the ORMD marking will nolonger be permitted for use with any

materials being tendered for transportwithin USPS networks, either by surfaceor air, and all mailpieces containinghazardous materials will be required to

be marked using the appropriate DOTsquare-on-point marking.

Under these proposed standards,mailable limited quantity and mailableconsumer commodity materials, whentendered to the Postal Service, must

bear an approved DOT square-on-pointmarking. The use of additional DOThazardous material warning labels willnot be required or permitted on parcelsintended for transportation in USPS

ground networks.Comment Period

Note that the Postal Service hasestablished a 20-day comment periodfor this proposed rule in order to assurethere is sufficient time to implementthese proposed standards concurrentwith the DOT regulations scheduled to

become effective January 1, 2013.Although we are exempt from the

notice and comment requirements of theAdministrative Procedure Act [5 U.S.Cof 553 (b), (c)] regarding proposed

rulemaking by 39 U.S.C. 410 (a), weinvite public comments on thefollowing proposed revisions to MailingStandards of the United States PostalService, Domestic Mail Manual (DMM),incorporated by reference in the Code ofFederal Regulations. See 39 CFR Part111.1.

List of Subjects in 39 CFR Part 111Administrative practice and

procedure, Postal Service.Accordingly, 39 CFR Part 111 is

proposed to be amended as follows:

PART 111[AMENDED]

1. The authority citation for 39 CFRPart 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301307; 18 U.S.C. 16921737; 39 U.S.C. 101,401, 403, 404, 414, 416, 30013011, 32013219, 34033406, 3621, 3622, 3626, 3632,3633, and 5001.

2. Revise the following sections of

Mailing Standards of the United StatesPostal Service, Domestic Mail Manual(DMM), as follows:

Mailing Standards of the UnitedStates Postal Service, Domestic MailManual (DMM)

* * * * *

600 Basic Standards for All MailingServices

601 Mailability

* * * * *

10.0 Hazardous Materials

10.1 DefinitionsThe following definitions apply:

* * * * *[Revise 10.1c as follows:]c. ORMD (Other Regulated Material)

materialis a limited quantity of ahazardous material that presents alimited hazard during transportationdue to its form, quantity, and packaging.Not all hazardous materials permitted to

be shipped as a limited quantity canqualify as an ORMD material. TheORMD category is only applicable formaterials intended for groundtransportation. Effective January 1,

2015, the ORMD category will beeliminated for materials intended forsurface transportation. After this date,the mailability of materials previouslyfitting the description of ORMD must

be evaluated based on its eligibilityunder the applicable consumercommodity or mailable limited quantitycategories.

[Revise 10.1d, Consumer Commodity,by adding a new last sentence as

follows:]d. * * * The consumer commodity

category will not apply to materials,



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intended for air transportation, inhazard classes 4, 5, and 8, and portionsof hazard class 9.

[Re-sequence the current 10.1ethrough 10.1i as the new 10.1f through10.1j, and add a new item 10.1e as

follows:]

e. Mailable Limited Quantityis a

hazardous material in hazard class 4, 5or 8 that presents a limited hazardduring transportation (specifically airtransport), and is mailable in USPS air

networks under certain conditions andin limited quantities.

* * * * *

10.3 USPS Standards for HazardousMaterial

[Revise 10.3 as follows:]

The USPS standards generally restrict

the mailing of hazardous materials toORMD (permitted for surfacetransportation only until January 1,2015), and consumer commodity ormailable limited quantity materials that

meet USPS quantity limitations andpackaging requirements. All exceptionsare subject to the standards in 10.0.Detailed information on the mailabilityof specific hazardous materials iscontained in Publication 52, Hazardous,Restricted, and Perishable Mail.

* * * * *

10.4 Hazard Class* * * * *

Exhibit 10.4 DOT Hazard Classes andMailability Summary

ClassHazard class name and

division

Transportation method

Domestic mail air transpor-tation

Domestic mail surface trans-portation

International mail

* * * * *

[Revise text for hazard classes 2 and3, under the Domestic Mail Air

Transportation column (only) as

follows:]

2 .............. Gases ......................................Division2.1 Flammable

Gases.2.2 Nonflammable, Nontoxic

Gases.2.3 Toxic Gases.

Division 2.1 and 2.3:ProhibitedDivision 2.2: Only Consumer

Commodity materials per10.12.2.

3 .............. Flammable and CombustibleLiquids.

Flammable liquids:ProhibitedCombustibles: Only Consumer

Commodity materials per10.13.3.

* * * * *[Revise text for hazard classes 5 and

6, under the Domestic Mail Air

Transportation column (only) asfollows:]

5 .............. Oxidizing Substances, OrganicPeroxides.

Division5.1 Oxidizing Substances.5.2 Organic Peroxides.

Only Mailable Limited Quantitymaterials per 10.15.2.

* * * * *

6 .............. Toxic Substances and Infec-tious Substances.

Division6.1 Toxic Sub-stances.

6.2 Infectious Substances.

Division 6.1: Only ConsumerCommodity materials per

10.16.2..Division 6.2. Only per 10.17.

* * * * * [Revise text for hazard class 8, underthe Domestic Mail Air Transportationcolumn (only) as follows:]

8 .............. Corrosives ................................ Only Mailable Limited Quantitymaterials per 10.19.2.



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* * * * *[Revise text for hazard class 9, under

the Hazard Class Name and Division

and Domestic Mail Air Transportation columns (only) asfollows:]

9 .............. Miscellaneous Hazardous Ma-terials.

ID8000 materials UN3077,UN3082, UN3175, UN3334or UN3335 materials

Only Consumer Commoditymaterials per 10.20

* * * * *

10.7 Warning Labels for HazardousMaterials

[Revise 10.7 as follows:]With few exceptions as noted in these

standards, most hazardous materialsacceptable for mailing fall within thecurrent Other Regulated Materials(ORMD) regulations of 49 CFR 173.144for materials intended for surfacetransportation, and the consumercommodity or mailable limited quantitycategories for materials intended for airtransportation. Mailpieces containingmailable hazardous materials intendedfor transportation by air are required to

bear an approved DOT square-on-pointmarking under 10.8b, and may also berequired to bear a specific DOThazardous material warning label (ifrequired for the hazard class shipped).Mailpieces containing mailablehazardous materials must be marked asrequired in 10.8, and must bear DOThandling labels (e.g., orientation arrows,magnetized materials) when applicable.Effective January 1, 2015, the ORDDcategory will be eliminated for materials

intended for surface transportation, andmailpieces containing hazardousmaterials intended for surfacetransportation will be required to bemarked using the appropriate DOTsquare-on-point marking. Also after thisdate, the mailability of materialspreviously fitting the description ofORMD must be evaluated based on itseligibility under the applicableconsumer commodity or mailablelimited quantity categories.

10.8 Package Markings for HazardousMaterials

[Revise 10.8 as follows:]Unless otherwise noted, eachmailpiece containing a mailablehazardous material must be plainly anddurably marked on the address sidewith the required shipping name andUN identification number. Mailpiecescontaining mailable hazardous materialsintended for air transportation must

bear a DOT limited quantity square-on-point marking under 8b. Mailpiecescontaining mailable hazardous materialsintended for surface transportation may

be entered and marked under the ORM

D category until January 1, 2015. Afterthis date, all parcels containing mailablehazardous materials must bear theappropriate DOT square-on-pointmarking and other associated markingswhen required. The following alsoapply:

a. The use of DOT limited quantitysquare-on-point markings are requiredfor mailpieces intended for airtransportation and optional (until

January 1, 2015) for mailpieces intendedfor surface transportation (see Exhibit

10.8b). The plain square-on-pointmarking is used for shipments sent bysurface transportation, and the square-on-point marking including the symbolY superimposed in the center is usedfor shipments sent by air transportation.The following also apply:

1. Markings must be durable, legibleand readily visible.

2. The marking must be applied on atleast one side or one end of the outerpackaging. The border forming thesquare-on-point must be at least 2 mm(0.08 inch) in width and the minimumdimension of each side must be 100 mm

(3.94 inches), unless the package sizerequires a reduced size marking of noless than 50 mm (1.97 inches) on eachside.

3. For surface transportation, the topand bottom portions of the square-on-point and the border forming the square-on-point must be black and the centermust be white or of a suitablecontrasting background. Surfaceshipments containing qualifying ORMD materials and bearing the square-on-point limited quantity marking are notrequired to be marked with the shippingname and identification number.

4. For transportation by aircraft, thetop and bottom portions of the square-on-point and the border forming thesquare-on-point must be black and thecenter must be white or of a suitablecontrasting background. The symbolY must be black and located in thecenter of the square-on-point and beclearly visible. Mailpieces intended fortransport by air must also be markedwith the proper shipping name,identification number, and must alsodisplay the appropriate DOT hazardousmaterial warning label (only when

required for the hazard class shipped) inaccordance with Publication 52.

b. The UN identification number isnot required on mailpieces containingORMD materials and intended forsurface transportation. A mailableORMD material must be marked on theaddress side with ORMD (or markedunder 10.8a) immediately following, or

below the proper shipping name. Theproper shipping name for a mailableORMD material is consumercommodity. The designation ORMD must be placed within a rectanglethat is approximately 6.3 mm (14 inch)larger on each side than the applicabledesignation. Mailpieces containingORMD materials sent as Standard Mail,Parcel Post, Parcel Select, or PackageServices must also be marked on theaddress side as Surface Only orSurface Mail Only.

* * * * *

10.9 Shipping Papers for HazardousMaterials

* * * Shipping papers are required asfollows:

* * * * *[Revise 10.9a and 10.9b to update

product references as follows:]a. Air transportation requirements.

Except for nonregulated materials sentunder 10.17.3 or 10.17.8 and diagnosticspecimens sent under 10.17.5,mailpieces containing mailablehazardous materials sent at the ExpressMail, Priority Mail, First-Class Mail, orFirst-Class Package Service prices mustinclude a shipping paper.

b. Surface transportationrequirements. Except for nonregulatedmaterials sent under 10.17.3 or 10.17.8and mailable ORMD materials,

mailpieces containing mailablehazardous materials sent at the StandardMail, Parcel Post, Parcel Select, orPackage Services prices must include ashipping paper.

10.10 Air Transportation Prohibitionsfor Hazardous Materials

[Revise the introductory paragraph of10.10 to update product references as

follows:]All mailable hazardous materials sent

at the Express Mail, Priority Mail, First-Class Mail, or First-Class Package



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Service prices must meet therequirements for air transportation. Thefollowing types of hazardous materialsthat are prohibited from carriage on airtransportation must not be sent at theExpress Mail, Priority Mail, First-ClassMail, or First-Class Package Serviceprices:

* * * * *

10.12 Gases (Hazard Class 2)

* * * * *

10.12.2 Mailability

[Revise the third and fourth sentencesof 10.12.2 as follows:]

* * * Flammable gases in Division2.1 are prohibited in domestic mail viaair transportation, but are permitted viasurface transportation if the material canqualify as an ORMD material (or after

January 1, 2015, a consumer commoditymaterial) and meet the standards in10.12.3 and 10.12.4. Nonflammable

gases in Division 2.2 are generallypermitted in the domestic mail via airor surface transportation if the materialcan qualify as an ORMD material whenintended for surface transportation, or aconsumer commodity material whenintended for air transportation, andmeet the standards in 10.12.3 and10.12.4.

* * * * *

10.12.4 Marking

[Revise the second sentence, and adda new third sentence for 10.12.4 as

follows:]* * * For air transportation, packages

must bear the DOT square-on-pointmarking including the symbol Y, anapproved DOT class 9 hazardousmaterial warning label, IdentificationNumber ID8000, and the propershipping name ConsumerCommodity. Mailpieces must also beara shippers declaration for dangerousgoods.

10.13 Flammable and CombustibleLiquids (Hazard Class 3)

* * * * *

10.13.2 Flammable Liquid Mailability

[Revise the third sentence of theintroductory paragraph of 10.13.2 asfollows:]

* * * Other flammable liquid isprohibited in domestic mail via airtransportation but is permitted viasurface transportation if the material canqualify as an ORMD material (or after

January 1, 2015, a consumer commoditymaterial) and meet the followingconditions as applicable:

[Revise 10.13.2a and 2b as follows:]a. The flashpoint is above 20 F (-7C)

but no more than 73 F (23 C); the

liquid is in a metal primary receptaclenot exceeding 1 quart, or in another typeof primary receptacle not exceeding 1pint, per mailpiece; enough cushioningsurrounds the primary receptacle toabsorb all potential leakage; thecushioning and primary receptacle arepacked within a securely sealedsecondary container that is placed

within a strong outer shippingcontainer; and each mailpiece is plainlyand durably marked on the address sidewith Surface Only or Surface MailOnly and ORMD immediatelyfollowing or below the proper shippingname (or with a DOT square-on-pointmarking under 10.8b).

b. The flashpoint is above 73 F (23C) but less than 100 F (38 C); theliquid is in a metal primary receptaclenot exceeding 1 gallon, or in anothertype of primary receptacle notexceeding 1 quart, per mailpiece;enough cushioning surrounds the

primary receptacle to absorb allpotential leakage; the cushioning andprimary receptacle are placed within asecurely sealed secondary container thatis placed within a strong outer shippingcontainer; and each mailpiece is plainlyand durably marked on the address sidewith Surface Only or Surface MailOnly and ORMD immediatelyfollowing or below the proper shippingname (or with a DOT square-on-pointmarking under 10.8b).

10.13.3 Combustible LiquidMailability

[Revise the second sentence of theintroductory paragraph of 10.13.3 asfollows:]

* * * Combustible liquid ispermitted in domestic mail if thematerial can qualify as an ORMDmaterial, when intended for groundtransportation or a consumercommodity material, when intended forair transportation, and meet thefollowing conditions as applicable:

[Revise 10.13.3a as follows:]a. For surface transportation, if the

flashpoint is 100 F (38 C) but no morethan 141 F (60.5 C); the liquid is in ametal primary receptacle not exceeding1 gallon, or in another type of primaryreceptacle not exceeding 1 quart, permailpiece; enough cushioningsurrounds the primary receptacle toabsorb all potential leakage; thecushioning and primary receptacle arepacked in a securely sealed secondarycontainer that is placed within a strongouter shipping container; and eachmailpiece is plainly and durably markedon the address side with Surface Onlyor Surface Mail Only and ORMDimmediately following or below the

proper shipping name (or with a DOTsquare-on-point marking under 10.8b).

[Revise 10.13.3b as follows:]b. For surface or air transportation, if

the flashpoint is above 141 F (60.5 C)but no more than 200 F (93 C); theliquid is in a primary receptacle notexceeding 1 gallon per mailpiece;enough cushioning surrounds the

primary receptacle to absorb allpotential leakage; the cushioning andprimary receptacle are packed in asecurely sealed secondary container thatis placed within a strong outer shippingcontainer. For surface transportation,each mailpiece must be plainly anddurably marked on the address sidewith ORMD immediately followingor below the proper shipping name; andeach piece must be marked on theaddress side as Surface Only orSurface Mail Only (or with a DOTsquare-on-point marking under 10.8b).For air transportation, packages must

bear the DOT square-on-point markingincluding the symbol Y, an approvedDOT class 9 hazardous material warninglabel, Identification Number ID8000,the proper shipping name ConsumerCommodity, and a shippersdeclaration for dangerous goods.

* * * * *

10.14 Flammable Solids (Hazard Class4)

* * * * *

10.14.2 Mailability

[Revise the last sentence of 10.14.2 asfollows:]

* * * A flammable solid that canqualify as an ORMD material (or after

January 1, 2015, a mailable limitedquantity material) is permitted indomestic mail via surface transportationif the material is contained in a secureprimary receptacle having a weight of 1pound or less; the primary receptacle(s)is packed in a strong outer shippingcontainer with a total weight of 25pounds or less per mailpiece; and eachmailpiece is plainly and durably markedon the address side with Surface Onlyor Surface Mail Only and ORMDimmediately following or below the

proper shipping name (or with a DOTsquare-on-point marking under 10.8b).

* * * * *

10.15 Oxidizing Substances, OrganicPeroxides (Hazard Class 5)

* * * * *

10.15.2 Mailability

[Revise 10.15.2 as follows:]Oxidizing substances and organic

peroxides are prohibited ininternational mail. Class 5 materials arepermitted in domestic mail if the



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material can qualify as an ORMDmaterial (until January 1, 2015), whenintended for ground transportation; or amailable limited quantity material,when intended for air transportation.Liquid materials must be enclosedwithin a primary receptacle having acapacity of 1 pint or less; the primaryreceptacle(s) must be surrounded by

absorbent cushioning material and heldwithin a leak-resistant secondarycontainer that is packed within a strongouter shipping container. Solidmaterials must be contained within aprimary receptacle having a weightcapacity of 1 pound or less; the primaryreceptacle(s) must be surrounded withcushioning material and packed withina strong outer shipping container. Eachmailpiece may not exceed a total weightof 25 pounds. For surfacetransportation, each mailpiece must beplainly and durably marked on theaddress side with ORMD

immediately following or below theproper shipping name; and each piecemust be marked on the address side asSurface Only or Surface Mail Only(or with a DOT square-on-point markingunder 10.8b). For air transportation,packages must bear the DOT square-on-point marking including the symbolY, the appropriate approved DOTclass 5.1 or 5.2 hazardous materialwarning label, the identificationnumber, the proper shipping name, anda shippers declaration for dangerousgoods.

10.16 Toxic Substances (Hazard Class

6, Division 6.1)* * * * *

10.16.2 Mailability

[Revise the second sentence of 10.16.2as follows:]

* * * For domestic mail, a Division6.1 toxic substance or poison that canqualify as an ORMD material (until

January 1, 2015) when intended forground transportation, or a consumercommodity material when intended forair transportation, is permitted whenpackaged under the applicablerequirements in 10.16.4. * * *

* * * * *10.16.4 Packaging and Marking

The following requirements must bemet, as applicable:

[Revise 16.4a as follows:]a. A toxic substance that can qualify

as an ORMD material (until January 1,2015) when intended for groundtransportation, or a consumercommodity material when intended forair transportation, and does not exceeda total capacity of 8 ounces permailpiece is permitted if: the material is

held in a primary receptacle(s); enoughcushioning material surrounds theprimary receptacle to absorb allpotential leakage; the cushioning andprimary receptacle(s) are packed inanother securely sealed secondarycontainer that is placed within a strongouter shipping container. For surfacetransportation, each mailpiece must be

plainly and durably marked on theaddress side with ORMDimmediately following or below theproper shipping name; and each piecemust be marked on the address side asSurface Only or Surface Mail Only(or with a DOT square-on-point markingunder 10.8b). For air transportation,packages must bear the DOT square-on-point marking including the symbolY, an approved DOT class 9hazardous material warning label,Identification Number ID8000, theproper shipping name ConsumerCommodity, and a shippers

declaration for dangerous goods.* * * * *

10.19 Corrosives (Hazard Class 8)

* * * * *

10.19.2 Mailability

[Revise the second sentence of theintroductory paragraph of 10.19.2 as

follows:]* * * A corrosive that can qualify as

an ORMD material (until January 1,2015), when intended for groundtransportation; or a mailable limitedquantity material, when intended for air

transportation, is permitted in domesticmail via air or surface transportationsubject to these limitations:

* * * * *

10.19.3 Marking

[Revise 10.19.3 as follows:]For surface transportation, each

mailpiece must be plainly and durablymarked on the address side withORMD immediately following or

below the proper shipping name; andeach piece must be marked on theaddress side as Surface Only orSurface Mail Only (or with a DOTsquare-on-point marking under 10.8b).For air transportation, packages must

bear the DOT square-on-point markingincluding the symbol Y, theappropriate approved DOT class 8hazardous material warning label, theidentification number, the propershipping name, and a shippersdeclaration for dangerous goods.

* * * * *

10.20 Miscellaneous HazardousMaterials (Hazard Class 9)

* * * * *

10.20.2 Mailability

[Revise the second sentence of 10.20.2as follows:]

* * * A miscellaneous hazardousmaterial that can qualify as an ORMDmaterial (until January 1, 2015) whenintended for ground transportation, or aconsumer commodity material when

intended for air transportation, ispermitted for domestic mail via air orsurface transportation, subject to theapplicable 49 CFR requirements.

10.20.3 Marking

[Revise 10.20.3 as follows:]For surface transportation, the

mailpiece must be plainly and durablymarked on the address side withSurface Only or Surface Mail Onlyand ORMD immediately followingor below the proper shipping name (orwith a DOT square-on-point markingunder 10.8b). For air transportation,packages must bear the DOT square-on-

point marking including the symbolY, an approved DOT class 9hazardous material warning label,Identification Number ID8000, theproper shipping name ConsumerCommodity, and a shippersdeclaration for dangerous goods.

* * * * *We will publish an appropriate

amendment to 39 CFR Part 111 to reflectthese changes if our proposal isadopted.

Stanley F. Mires,

Attorney, Legal Policy & Legislative Advice.

[FR Doc. 201224296 Filed 10212; 8:45 am]BILLING CODE 771012P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 52

[EPAR03OAR20100601; FRL97361]

Approval and Promulgation of AirQuality Implementation Plans;Pennsylvania; The 2002 Base YearInventory for the Pittsburgh-BeaverValley Area for 1997 Fine Particulate

Matter National Ambient Air QualityStandard

AGENCY: Environmental ProtectionAgency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approvethe fine particulate matter (PM2.5) 2002

base year emissions inventory portion ofthe Pennsylvania State ImplementationPlan (SIP) revision submitted by theCommonwealth of Pennsylvania,through the Pennsylvania Department of


Documents

US Postal Service - Proposed New Markings for Parcels containing Haz Mat