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Federal Register / Vol. 72, No.

193 / Friday, October 5, 2007 / Rules and Regulations 56901

(d) Enforcement period. This section quantity restriction per cell and battery, limit is 11 pounds of batteries in a
will be enforced from 5 p.m. to 7 p.m. and the restriction on the number of shipping container and the Postal
on September 27, 2007. batteries per mailpiece, ensures Service should adopt the same
Dated: September 12, 2007. compliance with DOT regulations. requirements.
Therefore, the final rule does not The Postal Service believes it is not
P.E. Wiedenhoeft,
contain a maximum mailpiece weight practical for postal personnel to discern
Captain, U.S. Coast Guard, Captain of the
limit for packages containing lithium- the aggregate weight of batteries within
Port, Los Angeles—Long Beach.
ion batteries. a mailpiece. We believe that mailpieces
[FR Doc. E7–19675 Filed 10–4–07; 8:45 am] 2. Comment: Do not restrict the containing individual batteries (batteries
BILLING CODE 4910–15–P number of lithium-ion batteries to the not packed with or installed in
number of batteries needed to operate equipment) should not exceed 5
the device. pounds. However, we recognize that
POSTAL SERVICE Within DOT regulations, the Postal when batteries are packed with or
Service agrees not to limit the number contained in devices, the devices
39 CFR Part 111 of lithium-ion batteries that can be themselves could easily account for the
mailed to the number of batteries majority of the weight of a mailpiece
New Standards for Mailing Lithium
needed to operate the device since the and easily exceed 5 pounds. Therefore,
Batteries
proposal already limits the number of the final rule adopts a 5 pound
AGENCY: Postal Service. batteries per mailpiece to 3. Therefore, maximum mailpiece weight limit when
ACTION: Final rule. the final rule does not restrict the primary batteries are not packed with or
number of lithium-ion batteries to the installed in the devices they operate and
SUMMARY: The Postal ServiceTM is number needed to operate the device an 11 pound mailpiece weight limit
revising the standards for mailing but rather limits the number of lithium- when batteries are packed with or
lithium and lithium-ion batteries. The ion batteries per mailpiece to 3. installed in the device they operate.
new standards identify all small 3. Comment: Do not restrict the 7. Comment: Do not prohibit damaged
consumer-type lithium batteries as mailing of primary lithium batteries to or recalled batteries from being mailed.
mailable when properly packaged and those only in their original retail The Postal Service is not prohibiting
labeled. packaging. the mailing of damaged or recalled
The Postal Service believes that the batteries, but rather we are requiring
DATES: Effective Date: October 5, 2007.
requirement to mail primary batteries in that these batteries be mailed only with
FOR FURTHER INFORMATION CONTACT: Bert the original packaging offers assurance prior approval from the manager,
Olsen, 202–268–7276. of adequate primary packaging. Mailing Standards. Therefore, the final
SUPPLEMENTARY INFORMATION: However, we are changing the final rule rule adopts the standard for mailing
Background to read, ‘‘in the originally sealed damaged or recalled batteries as
packaging’’ regardless of the source of published in the proposed rule.
We published a proposed rule in the the packaging to allow for originally Lithium batteries other than small
Federal Register (72 FR 20463, April 25, sealed packaging from sources other consumer-type batteries remain
2007) to revise the standards for mailing than retailers. nonmailable.
lithium and lithium-ion batteries. The 4. Comment: USPS required labeling: We adopt the following amendments
standards published in the proposed ‘‘Surface Mail Only,’’ in addition to to Mailing Standards of the United
rule and adopted in this final rule, are DOT labeling: ‘‘Primary Lithium States Postal Service, Domestic Mail
consistent with, yet slightly more Batteries—Forbidden for Transportation Manual (DMM), incorporated by
restrictive than, Department of Aboard Passenger Aircraft,’’ is reference in the Code of Federal
Transportation (DOT) and International redundant and will add to the cost of Regulations. See 39 CFR 111.1, 111.4.
Air Transportation Association (IATA) the label.
regulations for transportation of lithium The Postal Service believes labels that List of Subjects in 39 CFR Part 111
batteries. The new proposed standards read ‘‘Surface Mail Only’’ are known to Administrative practice and
provide clearer guidance to mailers and postal employees and quickly procedure, Postal Service.
postal employees regarding the recognized. Therefore, the final rule ■ Accordingly, 39 CFR part 111 is
mailability of consumer-type lithium adopts the standards to require labeling amended as follows:
batteries than current standards provide. as published in the proposal.
5. Comment: USPS should not require PART 111—[AMENDED]
Comments Received
package labeling in excess of current
We received comments from two DOT requirements. ■ 1. The authority citation for 39 CFR
trade associations which were generally DOT has announced their revised part 111 continues to read as follows:
supportive of the proposed standards. labeling requirements will be effective Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
Their comments and our responses January 1, 2008. Postal labeling 401, 403, 404, 414, 416, 3001–3011, 3201–
follow: requirements will reflect DOT changes. 3219, 3403–3406, 3621, 3626, 5001.
1. Comment: Do not limit the weight In addition, the Postal Service believes ■ 2. Revise the following sections of the
of a mailpiece containing lithium-ion that requiring labeling of mailpieces Mailing Standards of the United States
batteries. containing secondary as well as primary Postal Service, Domestic Mail Manual
Within DOT regulations, the Postal batteries and cells is a cautionary (DMM), as follows:
Service agrees not to limit the weight of measure that identifies the content of
a mailpiece containing lithium-ion the package. Therefore, the final rule * * * * *
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batteries since the proposed rule adopts the standards to require labeling 600 Basic Standards for All Mailing
additionally limits the maximum as published in the proposal. Services
allowable gram equivalency to 8 grams 6. Comment: Mailpieces containing
per battery and the maximum number of primary lithium batteries should not be 601 Mailability
batteries per mailpiece to 3. The gram limited to 5 pounds. The DOT weight * * * * *

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56902 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations

601.10 Hazardous Materials forbidden aboard passenger aircraft. The Manual of Tests and Criteria, Part III,
* * * * * outside of the package must be marked and subsection 38.3 as referenced in the
on the address side ‘‘Surface Mail Only, DOT’s hazardous materials regulation at
10.20 Miscellaneous Hazardous Primary Lithium Batteries—Forbidden 49 CFR 171.7. All secondary lithium-ion
Materials (Hazard Class 9) for Transportation Aboard Passenger cells and batteries must be mailed in a
* * * * * Aircraft.’’ The mailpiece must not firmly sealed package separated and
[Add new 10.20.5 to read as follows:] exceed 5 pounds. cushioned to prevent short circuit,
b. Via surface or air transportation movement, or damage. Except for
10.20.5 Primary Lithium (Non- when the cells or batteries are properly batteries installed in equipment, they
Rechargeable) Cells and Batteries packed with or properly installed in the must be in a strong outer package. All
Small consumer-type primary lithium equipment they operate and the outer packages must have a complete
cells or batteries (lithium metal or mailpiece has no more than the number delivery and return address. These cells
lithium alloy) like those used to power of batteries needed to operate the and batteries are mailable as follows:
cameras and flashlights are mailable device. Cells or batteries properly a. Via surface or air transportation
with the following restrictions. Each cell installed in the device they operate when individual cells or batteries are
must contain no more than 1.0 gram (g) must be protected from damage and mailed or when properly packed with or
of lithium content per cell. Each battery short circuit, and the device must be properly installed in the equipment they
must contain no more than 2.0 g equipped with an effective means of operate. Cells or batteries properly
aggregate lithium content per battery. preventing accidental activation. The installed in the device they operate
Additionally, each cell or battery must outside of the package must be marked must be protected from damage and
meet the requirements of each test in the on the address side ‘‘Package Contains short circuit, and the device must be
UN Manual of Tests and Criteria, Part Primary Lithium Batteries.’’ The equipped with an effective means of
III, and subsection 38.3 as referenced in mailpiece must not exceed 11 pounds. preventing accidental activation. The
DOT’s hazardous materials regulation at [Add new 10.20.6 to read as follows:] outside of the package must be marked
49 CFR 171.7. All primary lithium cells on the address side ‘‘Package Contains
and batteries must be mailed within a 10.20.6 Secondary Lithium-ion
(Rechargeable) Cells and Batteries Lithium-ion Batteries (no lithium
firmly sealed package separated and metal).’’
cushioned to prevent short circuit, Small consumer-type lithium-ion
b. The mailpiece must not contain
movement, or damage. Except for cells and batteries like those used to
more than 3 batteries.
batteries installed in equipment, they power cell phones and laptop
must be in a strong outer package. All computers are mailable with the [Add new 10.20.7 to read as follows:]
outer packages must have a complete following restrictions. Each cell must 10.20.7 Damaged or Recalled Batteries
delivery and return address. Primary contain no more than 1.5 g of equivalent
lithium cells and batteries are mailable lithium content per cell. Each battery Damaged or recalled batteries are
as follows: must contain no more than 8.0 g prohibited from mailing unless
a. Via surface transportation when the aggregate quantity of equivalent lithium approved by the manager, Mailing
cells or batteries (not packed with or content per battery. Additionally, each Standards.
installed in equipment) are ‘‘in the cell or battery must meet the * * * * *
originally sealed packaging.’’ They are requirements of each test in the UN [Add new Exhibit 10.20.7 as follows:]

EXHIBIT 10.20.7.—LITHIUM BATTERY MAILABILITY CHART


Primary lithium batteries
(small non-rechargeable Surface transportation Air transportation Mailpiece weight limit International APO/FPO
consumer-type batteries)

Without the equipment Mailable ............................. Prohibited .......................... 5 lb .................................... Prohibited.


they operate (individual
batteries).
Packed with equipment but Mailable ............................. Mailable ............................. 11 lb .................................. Mailable.
not installed in equip-
ment.
Contained (properly in- Mailable ............................. Mailable ............................. 11 lb .................................. Mailable.
stalled) in equipment.

Note 1: Each primary cell must not contain Note 2: Each primary battery must not
more than 1g lithium content. contain more than 2 g lithium content.

Secondary lithium-ion bat-


teries (small rechargeable Surface transportation Air transportation Mailpiece battery limit International APO/FPO
consumer-type batteries)

Without the equipment Mailable ............................. Mailable ............................. no more than 3 batteries .. Mailable.
they operate (individual
batteries).
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Packed with equipment but Mailable ............................. Mailable ............................. no more than 3 batteries .. Mailable.
not installed in equip-
ment.

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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations 56903

Secondary lithium-ion bat-


teries (small rechargeable Surface transportation Air transportation Mailpiece battery limit International APO/FPO
consumer-type batteries)

Contained (properly in- Mailable ............................. Mailable ............................. no more than 3 batteries .. Mailable.
stalled) in equipment.

Note 3: Each secondary cell must not EPA at least 90 days before commencing provided an EPA/DC badge that must be
contain more than 1.5 g equivalent lithium the manufacturing or processing of the visible at all times in the building and
content. chemical substance for such significant returned upon departure.
Note 4: Each secondary battery must not
new use. The required notification will FOR FURTHER INFORMATION CONTACT: For
contain more than 8 g equivalent lithium provide EPA with the opportunity to general information contact: Colby
content. evaluate the intended use and, if Lintner, Regulatory Coordinator,
necessary, to prohibit or limit that Environmental Assistance Division
Note 5: For secondary batteries (lithium- activity before it occurs. In addition, in (7408M), Office of Pollution Prevention
ion) there is a limit of 3 batteries per order to display the OMB control and Toxics, Environmental Protection
mailpiece. number for the information collection Agency, 1200 Pennsylvania Ave., NW.,
requirements contained in this final Washington, DC 20460–0001; telephone
601.11 Other Restricted and rule, EPA is amending the table of
Nonmailable Matter number: (202) 554–1404; e-mail address:
Office of Management and Budget TSCA-Hotline@epa.gov.
* * * * * (OMB) approval numbers for EPA For technical information contact:
regulations that appears in 40 CFR part Thomas Groeneveld, National Program
11.17 Battery-Powered Devices
9. Chemicals Division (7404T), Office of
[Revise the first sentence in 11.17 to DATES: This final rule is effective Pollution Prevention and Toxics,
read as follows:] November 5, 2007. Environmental Protection Agency, 1200
Cells or batteries properly installed in Pennsylvania Ave., NW., Washington,
ADDRESSES: EPA has established a
equipment must be protected from DC 20460–0001; telephone number:
damage and short circuit and equipment docket for this action under docket
identification (ID) number EPA–HQ– (202) 566–1188; e-mail address:
or devices containing cells or batteries groeneveld.thomas@epa.gov.
must include an effective means of OPPT–2005–0036. All documents in the
preventing accidental activation.* * * docket are listed in the docket index SUPPLEMENTARY INFORMATION:
available in regulations.gov. To access
* * * * * the electronic docket, go to http:// I. Does this Action Apply to Me?
Neva R. Watson, www.regulations.gov, select ‘‘Advanced You may be potentially affected by
Attorney, Legislative. Search,’’ then ‘‘Docket Search.’’ Insert this action if you manufacture or
[FR Doc. E7–19051 Filed 10–4–07; 8:45 am] the docket ID number where indicated process elemental mercury for use in
BILLING CODE 7710–12–P
and select the ‘‘Submit’’ button. Follow certain motor vehicle convenience light
the instructions on the regulations.gov switches, ABS switches, and active ride
website to view the docket index or control system switches. This action
access available documents. Although may also affect certain entities through
ENVIRONMENTAL PROTECTION listed in the index, some information is pre-existing import certification and
AGENCY not publicly available, e.g., Confidential export notification rules under TSCA.
Business Information (CBI) or other Persons who import any chemical
40 CFR Parts 9 and 721
information whose disclosure is substance subject to TSCA must comply
[EPA–HQ–OPPT–2005–0036; FRL–8110–5] restricted by statute. Certain other with the TSCA section 13 (15 U.S.C.
material, such as copyrighted material, 2612) import certification requirements
RIN 2070–AJ19 will be publicly available only in hard and corresponding regulations codified
copy. Publicly available docket at 19 CFR 12.118 to 12.127 and 127.28.
Mercury Switches in Motor Vehicles;
materials are available electronically at Such persons must certify that each
Significant New Use Rule
http://www.regulations.gov, or, if only shipment of the chemical substance
AGENCY: Environmental Protection available in hard copy, at the OPPT complies with applicable rules and
Agency (EPA). Docket. The OPPT Docket is located in orders under TSCA, including any
ACTION: Final rule. the EPA Docket Center (EPA/DC) at Rm. SNUR requirements. The EPA policy in
3334, EPA West Bldg., 1301 support of import certification appears
SUMMARY: EPA is promulgating this Constitution Ave., NW., Washington, at 40 CFR part 707, subpart B. In
significant new use rule (SNUR) under DC. The EPA/DC Public Reading Room addition, TSCA section 12(b) (15 U.S.C.
section 5(a)(2) of the Toxic Substances hours of operation are 8:30 a.m. to 4:30 2611(b)) export notification
Control Act (TSCA) for elemental p.m., Monday through Friday, excluding requirements are triggered by
mercury (CAS No. 7439–97–6) used in Federal holidays. The telephone number publication of a proposed SNUR.
certain convenience light switches, anti- of the EPA/DC Public Reading Room is Therefore, any persons who export,
lock braking system (ABS) switches, and (202) 566–1744, and the telephone intend to export, or have exported
active ride control system switches. number for the OPPT Docket is (202) elemental mercury on or after August
This action will amend 40 CFR part 721 566–0280. Docket visitors are required 10, 2006, are subject to the export
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and require persons who intend to to show photographic identification, notification provisions of TSCA section
manufacture (defined by statute to pass through a metal detector, and sign 12(b) (see 40 CFR 721.20). Such persons
include import) or process elemental the EPA visitor log. All visitor bags are must comply with the export
mercury for a use designated by this processed through an X-ray machine notification requirements in 40 CFR part
rule as a significant new use to notify and subject to search. Visitors will be 707, subpart D. Potentially affected

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