Advertisements for Animals and Sharp Instruments for Use in Animal Fighting Ventures Are Nonmailable, 38383-38384 [E9-18420]

Download as PDF Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules Eurocopter France: Docket No. FAA–2009– 0663; Directorate Identifier 2007–SW– 25–AD. Comments Due Date (a) We must receive comments by September 2, 2009. Other Affected ADs (b) None. Applicability (c) This AD applies to Eurocopter France (Eurocopter) Model AS 332 C, L, L1, and L2; AS 350 B3; AS 355 F, F1, F2, and N; SA 365 N and N1; AS 365 N2 and N3; SA 366 G1; EC 130 B4; and EC 155 B and B1 helicopters, certificated in any category. Reason (d) The mandatory continuing airworthiness information (MCAI) states that the AD is issued following a manufacturing nonconformity found on one batch of the servo-control cap, part number (P/N) 800137. 38383 With a defective servo-control, rotation of the distributor might not be stopped mechanically since only friction of inner seals holds the distributor sleeve in its position. If not corrected this condition could cause untimely movements of servo-controls, which are used on main and anti-torque rotors, and lead to the loss of control of the helicopter. the servo-control, or not later than 2 years after the effective date of this AD, whichever occurs first, replace the servo-control with an airworthy servo-control that has an ‘‘R’’ marked in the inspection box of the servocontrol identification plate or one with a serial number not listed in paragraph 1.A.1 of the ASB applicable to your model helicopter. Actions and Compliance Note 1: The letter ‘‘R’’ marked in the inspection box of the servo-control identification plate indicates that the servocontrol cap assembly has been brought into conformity with design data and has been installed properly. (e) Within 2 months after the effective date of this AD, unless already done, do the following actions. (1) For each servo-control with a P/N and a serial number (S/N) listed in paragraph 1.A.1. of the applicable Eurocopter Alert Service Bulletin (ASB) stated in Table 1 of this AD, determine whether there is a letter ‘‘R’’ marked in the inspection box of the servo-control identification plate. (2) If there is no letter ‘‘R’’ marked in the inspection box of a servo-control identification plate, on the next removal of (3) There are 2 identically numbered and dated ASBs. There is an ASB No. 67A010, dated February 19, 2007, that applies to the Model EC130B4 helicopters and an ASB No. 67A010, dated February 19, 2007, that applies to the Model EC 155B and B1 helicopters. You must use the ASB that applies to your model helicopter. TABLE 1 For helicopter model Refer to paragraph 1.A.1 of ASB AS 332 C, L, L1, and L2 ..................................................................................................................... AS 350 B3 ........................................................................................................................................... AS 355 F, F1, F2, and N ..................................................................................................................... AS 365 N and N1 ................................................................................................................................ SA 366 G1 ........................................................................................................................................... EC 130 B4 ........................................................................................................................................... EC 155B and B1 .................................................................................................................................. No. No. No. No. No. No. No. Differences between the FAA AD and the MCAI AD (f) This AD differs from the MCAI AD in that it: (1) Is not applicable to the Model AS 332 C1 helicopters because they are not type certificated in the United States; (2) Does not require returning the servocontrols to the manufacturer; (3) Does not address servo-control ‘‘spares’’ (parts not installed on a helicopter); (4) Uses the term ‘‘inspect’’ rather than ‘‘check’’; and (5) Includes information explaining that there are 2 ASBs with the same number and date. sroberts on DSKD5P82C1PROD with PROPOSALS Other Information (g) Alternative Methods of Compliance (AMOCs): The Manager, Safety Management Group, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Uday Garadi, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, Fort Worth, Texas 76137, telephone (817) 222– 5123, fax (817) 222–5961. Related Information (h) MCAI EASA Airworthiness Directive 2007–0099, dated April 11, 2007, contains related information. VerDate Nov<24>2008 15:52 Jul 31, 2009 Jkt 217001 Joint Aircraft System/Component (JASC) Code (i) JASC Code 6700: Rotorcraft Flight Control. Issued in Fort Worth, Texas, on July 14, 2009. Judy I. Carl, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E9–18429 Filed 7–31–09; 8:45 am] BILLING CODE 4910–13–P POSTAL SERVICE 39 CFR Part 111 Advertisements for Animals and Sharp Instruments for Use in Animal Fighting Ventures Are Nonmailable Postal ServiceTM. Proposed rule. AGENCY: ACTION: SUMMARY: The Postal Service proposes to revise our mailing standards pertaining to animal fighting ventures. We intend to harmonize our standards with section 26 (7 U.S.C. 2156) of the Animal Welfare Act as amended by the Food, Conservation, and Energy Act of 2008. DATES: Submit comments on or before September 2, 2009. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 67.00.37, dated February 19, 2007. 67.00.40, dated February 19, 2007. 67.00.28, dated February 19, 2007. 67.00.13, dated February 19, 2007. 67.08, dated February 19, 2007. 67A010, dated February 19, 2007. 67A010, dated February 19, 2007. ADDRESSES: Mail or deliver written comments to the Manager, Mailing Standards, U.S. Postal Service, 475 L’Enfant Plaza, SW., Room 3436, Washington, DC 20260–3436. You may inspect and photocopy all written comments at USPS Headquarters Library, 475 L’Enfant Plaza, SW., 11th Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Bert Olsen, 202–268–7276. SUPPLEMENTARY INFORMATION: On June 18, 2008, Congress enacted the Food, Conservation, and Energy Act of 2008 (the 2008 Act) which amended certain provisions of the Animal Welfare Act pertaining to animal fighting ventures. The 2008 Act’s amendments added prohibitions on using the mail service of the United States (1) to advertise an animal for use in an animal fighting venture, or (2) to advertise a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture. The 2008 Act also revised the definition of the term ‘‘animal fighting venture’’ to refer to ‘‘any event, in or affecting interstate or foreign commerce’’ involving a fight ‘‘conducted or to be conducted’’ between at least two animals. To E:\FR\FM\03AUP1.SGM 03AUP1 38384 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules implement the 2008 Act’s amendments and to ensure that our standards comport with the current language in section 26 (7 U.S.C. 2156) of the Animal Welfare Act, we propose the new standards below. Although we are exempt from the notice and comment requirements of the Administrative Procedure Act [5 U.S.C. 553(b), (c)], regarding proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites comments on the following proposed revision of the Mailing Standards of the United States Postal Service, Domestic Mail Manual, incorporated by reference in the Code of Federal Regulations. See 39 CFR part 111. a. The term animal means any live bird, or any live mammal (e.g., dog), except human. b. The term animal fighting venture means any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least two animals for purposes of sport, wagering, or entertainment (excluding any activity whose primary purpose involves using one or more animals in hunting other animals; c. The term state means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any U.S. territory or possession. * * * * * List of Subjects in 39 CFR Part 111 11.0 Other Restricted and Nonmailable Matter Administrative practice and procedure, Postal Service. * * * * * [Revise the heading and text of 11.20, as follows:] PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001–3011, 3201– 3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. 2. Revise the following sections of Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) as follows: * * * * * 600 Basic Standards for All Mailing Services 601 Mailability * * 9.0 Perishable * * 9.3 Live Animals * * * * * * * * * * * [Revise the heading and text of 9.3.1, as follows:] sroberts on DSKD5P82C1PROD with PROPOSALS 9.3.1 Prohibition on Animals Intended for Use in an Animal Fighting Venture An animal is nonmailable if such animal is being mailed for the purpose of having it participate in an animal fighting venture (7 U.S.C. 2156). This standard applies regardless of whether such venture is permitted under the laws of the state in which it is conducted. Violators can be subject to the criminal penalties in 18 U.S.C. 49. See 601.11.20 for the prohibition on mailing sharp instruments intended for use in an animal fighting venture and 601.12.5.7 for restrictions on mailing written, printed, or graphic matter related to animal fighting ventures. For this standard: VerDate Nov<24>2008 15:52 Jul 31, 2009 Jkt 217001 11.20 Prohibition on Sharp Instruments Intended for Use in an Animal Fighting Venture The interstate or international mailing of a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture (as defined in section 601.9.3.1b) is prohibited (7 U.S.C. 2156). Violators can be subject to the criminal penalties in 18 U.S.C. 49. See 601.9.3.1 for the prohibition on mailing animals intended for use in an animal fighting venture and 601.12.5.7 for the restrictions on mailing written, printed, or graphic matter related to animal fighting ventures. * * * * * 12.0 Written, Printed, and Graphic Matter Generally * * 12.5 * * * Other Nonmailable Matter * * * * * [Revise the heading and text of 12.5.7, as follows:] 12.5.7 Restriction on Matter Related to Animal Fighting Ventures This standard does not pertain to written, printed, or graphic matter related to fighting ventures involving live birds if such fight is permitted under the laws of the state in which the fight is to take place (7 U.S.C. 2156). The terms animal, animal fighting venture, and state are defined in 601.9.3.1. Written, printed, or graphic matter is nonmailable if it: a. Advertises an animal for use in an animal fighting venture. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 b. Advertises a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture. c. Promotes or in any other manner furthers an animal fighting venture. * * * * * We will publish an appropriate amendment to 39 CFR 111 to reflect these changes if our proposal is adopted. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. E9–18420 Filed 7–31–09; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R03–OAR–2009–0482; FRL–8938–7] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; West Virginia; Control of Emissions From Existing Commercial and Industrial Incineration (CISWI) Units, Plan Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve a revision to the West Virginia (WV) commercial and industrial solid waste incinerator (CISWI) 111(d)/129 plan (the ‘‘plan’’). The revision contains a modified WV Department of Environmental Protection, Division of Air Quality (DAQ) rule, WV45CSR18, that streamlines the state’s regulatory structure for incinerator units into one rule which incorporates Clean Air Act (CAA), section 129 requirements. This approval action relates only to CISWI units. In the Final Rules section of this Federal Register, EPA is approving the State of West Virginia’s CISWI plan revision submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipate no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. E:\FR\FM\03AUP1.SGM 03AUP1

Agencies

[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Proposed Rules]
[Pages 38383-38384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18420]


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POSTAL SERVICE

39 CFR Part 111


Advertisements for Animals and Sharp Instruments for Use in 
Animal Fighting Ventures Are Nonmailable

AGENCY: Postal Service\TM\.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Postal Service proposes to revise our mailing standards 
pertaining to animal fighting ventures. We intend to harmonize our 
standards with section 26 (7 U.S.C. 2156) of the Animal Welfare Act as 
amended by the Food, Conservation, and Energy Act of 2008.

DATES: Submit comments on or before September 2, 2009.

ADDRESSES: Mail or deliver written comments to the Manager, Mailing 
Standards, U.S. Postal Service, 475 L'Enfant Plaza, SW., Room 3436, 
Washington, DC 20260-3436. You may inspect and photocopy all written 
comments at USPS Headquarters Library, 475 L'Enfant Plaza, SW., 11th 
Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Bert Olsen, 202-268-7276.

SUPPLEMENTARY INFORMATION: On June 18, 2008, Congress enacted the Food, 
Conservation, and Energy Act of 2008 (the 2008 Act) which amended 
certain provisions of the Animal Welfare Act pertaining to animal 
fighting ventures. The 2008 Act's amendments added prohibitions on 
using the mail service of the United States (1) to advertise an animal 
for use in an animal fighting venture, or (2) to advertise a knife, a 
gaff, or any other sharp instrument attached, or designed or intended 
to be attached, to the leg of a bird for use in an animal fighting 
venture. The 2008 Act also revised the definition of the term ``animal 
fighting venture'' to refer to ``any event, in or affecting interstate 
or foreign commerce'' involving a fight ``conducted or to be 
conducted'' between at least two animals. To

[[Page 38384]]

implement the 2008 Act's amendments and to ensure that our standards 
comport with the current language in section 26 (7 U.S.C. 2156) of the 
Animal Welfare Act, we propose the new standards below.
    Although we are exempt from the notice and comment requirements of 
the Administrative Procedure Act [5 U.S.C. 553(b), (c)], regarding 
proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites 
comments on the following proposed revision of the Mailing Standards of 
the United States Postal Service, Domestic Mail Manual, incorporated by 
reference in the Code of Federal Regulations. See 39 CFR part 111.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

PART 111--[AMENDED]

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

    Authority:  5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, 
and 5001.

    2. Revise the following sections of Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM[supreg]) as follows:
* * * * *

600 Basic Standards for All Mailing Services

601 Mailability

* * * * *

9.0 Perishable

* * * * *

9.3 Live Animals

* * * * *
    [Revise the heading and text of 9.3.1, as follows:]

9.3.1 Prohibition on Animals Intended for Use in an Animal Fighting 
Venture

    An animal is nonmailable if such animal is being mailed for the 
purpose of having it participate in an animal fighting venture (7 
U.S.C. 2156). This standard applies regardless of whether such venture 
is permitted under the laws of the state in which it is conducted. 
Violators can be subject to the criminal penalties in 18 U.S.C. 49. See 
601.11.20 for the prohibition on mailing sharp instruments intended for 
use in an animal fighting venture and 601.12.5.7 for restrictions on 
mailing written, printed, or graphic matter related to animal fighting 
ventures.
    For this standard:
    a. The term animal means any live bird, or any live mammal (e.g., 
dog), except human.
    b. The term animal fighting venture means any event, in or 
affecting interstate or foreign commerce, that involves a fight 
conducted or to be conducted between at least two animals for purposes 
of sport, wagering, or entertainment (excluding any activity whose 
primary purpose involves using one or more animals in hunting other 
animals;
    c. The term state means any state of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, or any U.S. 
territory or possession.
* * * * *

11.0 Other Restricted and Nonmailable Matter

* * * * *
    [Revise the heading and text of 11.20, as follows:]

11.20 Prohibition on Sharp Instruments Intended for Use in an Animal 
Fighting Venture

    The interstate or international mailing of a knife, a gaff, or any 
other sharp instrument attached, or designed or intended to be 
attached, to the leg of a bird for use in an animal fighting venture 
(as defined in section 601.9.3.1b) is prohibited (7 U.S.C. 2156). 
Violators can be subject to the criminal penalties in 18 U.S.C. 49. See 
601.9.3.1 for the prohibition on mailing animals intended for use in an 
animal fighting venture and 601.12.5.7 for the restrictions on mailing 
written, printed, or graphic matter related to animal fighting 
ventures.
* * * * *

12.0 Written, Printed, and Graphic Matter Generally

* * * * *

12.5 Other Nonmailable Matter

* * * * *
    [Revise the heading and text of 12.5.7, as follows:]

12.5.7 Restriction on Matter Related to Animal Fighting Ventures

    This standard does not pertain to written, printed, or graphic 
matter related to fighting ventures involving live birds if such fight 
is permitted under the laws of the state in which the fight is to take 
place (7 U.S.C. 2156). The terms animal, animal fighting venture, and 
state are defined in 601.9.3.1. Written, printed, or graphic matter is 
nonmailable if it:
    a. Advertises an animal for use in an animal fighting venture.
    b. Advertises a knife, a gaff, or any other sharp instrument 
attached, or designed or intended to be attached, to the leg of a bird 
for use in an animal fighting venture.
    c. Promotes or in any other manner furthers an animal fighting 
venture.
* * * * *
    We will publish an appropriate amendment to 39 CFR 111 to reflect 
these changes if our proposal is adopted.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9-18420 Filed 7-31-09; 8:45 am]
BILLING CODE 7710-12-P
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