Advertisements for Animals and Sharp Instruments for Use in Animal Fighting Ventures are Nonmailable, 66241-66242 [E9-29723]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This rule is
categorically excluded under section
6(b) of the ‘‘Appendix to National
Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions,
Notice of Final Agency Policy’’ (67 FR
48243, July 23, 2002). An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under the
ADDRESSES section of this preamble.
List of Subjects in 33 CFR Part 151
Administrative practice and
procedure, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Water pollution control.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 151 as follows:
■
PART 151—VESSELS CARRYING OIL,
NOXIOUS LIQUID SUBSTANCES,
GARBAGE, MUNICIPAL OR
COMMERCIAL WASTE, AND BALLAST
WATER
1. The authority citation for part 151
continues to read:
■
Authority: 33 U.S.C. 1321, 1902, 1903,
1908; 46 U.S.C. 6101; Pub. L. 104–227 (110
Stat. 3034); Pub. L. 108–293 (118 Stat. 1063),
§ 623; E.O. 12777, 3 CFR, 1991 Comp. p. 351;
DHS Delegation No. 0170.1, sec. 2(77).
2. Amend § 151.53 by revising
paragraph (a) and adding paragraph (c)
to read as follows:
■
§ 151.53 Special areas for Annex V of
MARPOL 73/78.
erowe on DSK5CLS3C1PROD with RULES
(a) For the purposes of §§ 151.51
through 151.77, the special areas are the
Mediterranean Sea area, the Baltic Sea
area, the Black Sea area, the Red Sea
area, the Gulfs area, the North Sea area,
the Antarctic area, and the Wider
Caribbean region, including the Gulf of
Mexico and the Caribbean Sea which
are described in § 151.06.
*
*
*
*
*
(c) The discharge restrictions are in
effect in the Mediterranean Sea, Baltic
Sea, the North Sea, the Gulfs and the
Antarctic special areas.
Dated: November 24, 2009.
F.J. Sturm,
Acting Director of Commercial Regulations
and Standards, U.S. Coast Guard.
[FR Doc. E9–29747 Filed 12–14–09; 8:45 am]
BILLING CODE 9110–04–P
VerDate Nov<24>2008
12:30 Dec 14, 2009
Jkt 220001
POSTAL SERVICE
39 CFR Part 111
Advertisements for Animals and Sharp
Instruments for Use in Animal Fighting
Ventures are Nonmailable
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 601.9.3.1, 601.11.20, and
601.12.5.7, to align our standards with
section 26 of the Animal Welfare Act as
amended by the Food, Conservation,
and Energy Act of 2008.
DATES: Effective Date: February 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Mary Collins at 202–268–5440.
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
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 (AWA), we are
implementing the new standards.
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 invited public comments
on the following proposed revision of
the Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM), incorporated by
reference in the Code of Federal
Regulations. See 39 CFR part 111.
Comments Received
The Postal Service received comments
from six parties. Three commenters
supported the rule as proposed by the
Postal Service without modification.
Other comments were submitted as
follows:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
66241
One commenter suggested for the US
Postal Service to decline adopting the
Humane Society’s proposed change to
section 601.12.5.7 of the DMM. We
noted that the suggested change to
proposed section 601.12.5.7 is not
explicitly supported by the text of
subsections 2156(c) and (d) in 7 U.S.C.
2156 (the AWA). In the absence of
further guidance from the text of the
statute, we decline to adopt the
suggested change.
One commenter urged the Postal
Service not to adopt the proposed rule
on the grounds that the proposed rule
violates the First Amendment of the
U.S. Constitution. The proposed rule
only implements the statutory language
set forth in 7 U.S.C. 2156, therefore we
find that the comment is beyond the
scope of this rulemaking.
Finally, another commenter appears
to object to the exception in proposed
section 601.12.5.7 for fighting ventures
involving live birds if such fight is
permitted under the laws of the state in
which the fight is to take place. The
commenter suggests that no states
permit animal fighting. We note that
paragraph 2156(g)(3) in Title 7, U.S.
Code, provides that the term ‘‘State’’
means any State of the United States,
the District of Columbia, the
Commonwealth of Puerto Rico, and any
territory or possession of the United
States. We understand that at least one
of these jurisdictions continues to
permit fights involving live birds.
Therefore, we decline to modify the
exception to proposed section
601.12.5.7 of the DMM for fighting
ventures involving live birds that are
permitted under the laws of the state in
which the fight is to take place. The
other issues raised by the commenter
are beyond the scope of this rulemaking.
The Postal Service hereby adopts the
following changes to the Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
which is incorporated by reference in
the Code of Federal Regulations. See 39
CFR Part 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ Accordingly, 39 CFR Part 111 is
amended 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.
E:\FR\FM\15DER1.SGM
15DER1
66242
Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
600 Basic Standards for All Mailing
Services
601
Mailability
*
*
9.0
Perishable
*
*
9.3
Live Animals
*
*
*
*
*
*
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.
*
*
*
*
*
governing postal operations.
Republication of the lists of market
dominant and competitive products is
also consistent with new requirements
in the law.
DATES: Effective December 15, 2009 and
is applicable beginning November 13,
2009.
12.0 Written, Printed, and Graphic
Matter Generally
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
■
SUPPLEMENTARY INFORMATION:
[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); and
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.
*
*
*
*
*
*
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; or
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.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9–29723 Filed 12–14–09; 8:45 am]
BILLING CODE 7710–12–P
POSTAL REGULATORY COMMISSION
11.0 Other Restricted and
Nonmailable Matter
39 CFR Part 3020
*
[Docket Nos. MC2010–5 and CP2010–5;
Order No. 340]
erowe on DSK5CLS3C1PROD with RULES
*
*
*
*
[Revise the heading and text of 11.20,
as follows:]
11.20 Prohibition on Sharp
Instruments Intended for Use in an
Animal Fighting Venture
12:30 Dec 14, 2009
Jkt 220001
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
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
VerDate Nov<24>2008
New Postal Product
SUMMARY: The Commission is adding
Express Mail Contract 5 to the
Competitive Product List. This action is
consistent with changes in a recent law
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
Regulatory History, 74 FR 57536
(November 6, 2009).
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new
product identified as Express Mail
Contract 5 to the Competitive Product
List. For the reasons discussed below,
the Commission approves the Request.
II. Background
The Postal Service filed a formal
request and associated supporting
information pursuant to 39 U.S.C. 3642
and 39 CFR 3020.30 et seq. to add
Express Mail Contract 5 to the
Competitive Product List.1 The Postal
Service asserts that the Express Mail
Contract 5 product is a competitive
product ‘‘not of general applicability’’
within the meaning of 39 U.S.C.
3632(b)(3). This Request has been
assigned Docket No. MC2010–5.
The Postal Service
contemporaneously filed a contract
related to the proposed new product
pursuant to 39 U.S.C. 3632(b)(3) and 39
CFR 3015.5. The contract has been
assigned Docket No. CP2010–5.
In support of its Request, the Postal
Service filed the following materials: (1)
A redacted version of the Governors’
Decision authorizing an Express Mail
Contract Group; 2 (2) a redacted version
of the contract; 3 (3) a requested change
in the Mail Classification Schedule
1 Notice of Establishment of Rates and Class Not
of General Applicability, Request of the United
States Postal Service to Add Express Mail Contract
5 to Competitive Product List and Notice of Filing
(Under Seal) of Unredacted Governors’ Decision,
Contract and Supporting Data, October 28, 2009
(Request). On October 29, 2009, the Postal Service
filed errata to its Request. See Notice of the United
States Postal Service of Filing Errata to Request and
Notice, October 29, 2009. Accordingly, the filing of
the entire set of documents related to this Request
was not completed until October 29, 2009.
2 Attachment A to the Request, reflecting
Governors’ Decision No. 09–14, October 26, 2009.
3 Attachment B to the Request.
E:\FR\FM\15DER1.SGM
15DER1
]]>Agencies
[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66241-66242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29723]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Advertisements for Animals and Sharp Instruments for Use in
Animal Fighting Ventures are Nonmailable
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) 601.9.3.1,
601.11.20, and 601.12.5.7, to align our standards with section 26 of
the Animal Welfare Act as amended by the Food, Conservation, and Energy
Act of 2008.
DATES: Effective Date: February 1, 2010.
FOR FURTHER INFORMATION CONTACT: Mary Collins at 202-268-5440.
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 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 (AWA),
we are implementing the new standards.
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 invited
public comments on the following proposed revision of the Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), incorporated by reference in the Code of Federal Regulations.
See 39 CFR part 111.
Comments Received
The Postal Service received comments from six parties. Three
commenters supported the rule as proposed by the Postal Service without
modification. Other comments were submitted as follows:
One commenter suggested for the US Postal Service to decline
adopting the Humane Society's proposed change to section 601.12.5.7 of
the DMM. We noted that the suggested change to proposed section
601.12.5.7 is not explicitly supported by the text of subsections
2156(c) and (d) in 7 U.S.C. 2156 (the AWA). In the absence of further
guidance from the text of the statute, we decline to adopt the
suggested change.
One commenter urged the Postal Service not to adopt the proposed
rule on the grounds that the proposed rule violates the First Amendment
of the U.S. Constitution. The proposed rule only implements the
statutory language set forth in 7 U.S.C. 2156, therefore we find that
the comment is beyond the scope of this rulemaking.
Finally, another commenter appears to object to the exception in
proposed section 601.12.5.7 for fighting ventures involving live birds
if such fight is permitted under the laws of the state in which the
fight is to take place. The commenter suggests that no states permit
animal fighting. We note that paragraph 2156(g)(3) in Title 7, U.S.
Code, provides that the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United States. We understand that at
least one of these jurisdictions continues to permit fights involving
live birds. Therefore, we decline to modify the exception to proposed
section 601.12.5.7 of the DMM for fighting ventures involving live
birds that are permitted under the laws of the state in which the fight
is to take place. The other issues raised by the commenter are beyond
the scope of this rulemaking.
The Postal Service hereby adopts the following changes to the
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM), which is incorporated by reference in the Code of Federal
Regulations. See 39 CFR Part 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
0
Accordingly, 39 CFR Part 111 is amended 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.
[[Page 66242]]
0
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:]
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); and
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; or
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.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9-29723 Filed 12-14-09; 8:45 am]
BILLING CODE 7710-12-P
