Restricting the Mailing of Replica or Inert Explosive Devices, 282-283 [E9-31218]
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282
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules
§ 113.74
[Amended]
53. Section 113.74 is amended by
removing the word ‘‘entry’’ and adding
in its place the word ‘‘transaction’’.
Appendix A to Part 113—[Amended]
54. Appendix A to Part 113 is
amended by removing:
a. In the Appendix heading, the title
of the bond, and the text of the bond,
the words ‘‘Customs security’’ each
place that they appear and adding the
words ‘‘CBP security’’; and
b. In the text of the bond, the number
‘‘19’’ where it appears and adding the
number ‘‘20’’; the words ’’Customs
airports’’ and adding the words ‘‘CBP
airports’’; and the words ‘‘Customs
Regulations’’ and adding the words
‘‘CBP regulations’’.
Appendix B to Part 113—[Amended]
55. Appendix B to Part 113 is
amended by removing the word
‘‘Customs’’ each place that it appears
and adding the term ‘‘CBP’’.
Appendix C to Part 113—[Amended]
56. Appendix C to Part 113 is
amended by removing the word
‘‘Customs’’ each place that it appears
and adding the term ‘‘CBP’’.
PART 133—TRADEMARKS, TRADE
NAMES, AND COPYRIGHTS
57. The general and specific authority
citations for part 133 continue to read as
follows:
Authority: 17 U.S.C. 101, 601, 602, 603; 19
U.S.C. 66, 1624; 31 U.S.C. 9701.
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*
Sections 133.21 through 133.25 also issued
under 15 U.S.C. 1124, 19 U.S.C. 1526.
*
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*
58. Section 133.21(d) is revised to
read as follows:
§ 133.21 Articles bearing counterfeit
trademarks.
srobinson on DSKHWCL6B1PROD with PROPOSALS
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*
(d) Samples available to the
trademark owner. At any time following
seizure of the merchandise, CBP may
provide a sample of the subject
merchandise to the owner of the
trademark for examination, testing, or
other use in pursuit of a related private
civil remedy for trademark
infringement. To obtain a sample under
this section, the trademark/trade name
owner must furnish CBP with a single
transaction bond in the form and
amount specified by the port director or
a continuous bond in the form and
amount specified by the Director,
Revenue Division. CBP may demand the
return of the sample at any time. The
owner must return the sample to CBP
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16:40 Jan 04, 2010
Jkt 220001
upon demand or at the conclusion of the
examination, testing or other use in
pursuit of a related private civil remedy
for trademark infringement. In the event
that the sample is damaged, destroyed,
or lost while in the possession of the
trademark owner, the owner must, in
lieu of return of the sample, certify to
CBP that: ‘‘The sample described as
[insert description] and provided
pursuant to 19 CFR 133.21(d) was
(damaged/destroyed/lost) during
examination, testing or other use.’’
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*
59. Section 133.25(c) is revised to
read as follows:
§ 133.25 Procedure on detention of articles
subject to restriction.
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(c) Samples available to the
trademark or trade name owner. At any
time following presentation of the
merchandise for CBP’s examination, but
prior to seizure, CBP may provide a
sample of the suspect merchandise to
the owner of the trademark or trade
name for examination or testing to assist
in determining whether the article
imported bears an infringing trademark
or trade name. To obtain a sample under
this section, the trademark/trade name
owner must furnish CBP with a single
transaction bond in the form and
amount specified by the port director or
a continuous bond in the form and
amount specified by the Director,
Revenue Division. CBP may demand the
return of the sample at any time. The
owner must return the sample to CBP
upon demand or at the conclusion of the
examination or testing. In the event that
the sample is damaged, destroyed, or
lost while in the possession of the
trademark or trade name owner, the
owner must, in lieu of return of the
sample, certify to CBP that: ‘‘The sample
described as [insert description] and
provided pursuant to 19 CFR 133.25(c)
was (damaged/destroyed/lost) during
examination or testing for trademark
infringement.’’
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*
60. In § 133.42, paragraph (e) is
amended by: revising the second
sentence; removing the word ‘‘Customs’’
where it appears and adding in each
place the term ‘‘CBP’’; and, in the last
sentence, removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’.
The revision to § 133.42(e) reads as
follows:
§ 133.42 Infringing copies or
phonorecords.
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*
(e) Samples available to the copyright
owner. * * * To obtain a sample under
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
this section, the copyright owner must
furnish to CBP a single transaction bond
in the form and amount specified by the
port director or a continuous bond in
the form and amount specified by the
Director, Revenue Division. * * *
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Approved: December 14, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E9–30920 Filed 1–4–10; 8:45 am]
BILLING CODE 9111–14–P
POSTAL SERVICE
39 CFR Part 111
Restricting the Mailing of Replica or
Inert Explosive Devices
Postal ServiceTM.
Proposed rule; revised.
AGENCY:
ACTION:
SUMMARY: The Postal Service proposes
to revise Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) to clarify that a
proposed new standard to allow for the
mailing of replica or inert explosive
devices, such as grenades, be sent by
Registered MailTM only.
DATES: Submit comments on or before
February 4, 2010.
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.
E-mail comments, containing the name
and address of the commenter, may be
sent to: MailingStandards@usps.gov,
with a subject line of ‘‘Inert Munitions’’
Faxed comments are not accepted.
FOR FURTHER INFORMATION CONTACT:
Mary J. Collins 202–268–5440 or Evans
King, 202–268–4982.
SUPPLEMENTARY INFORMATION: The Postal
Service published a Federal Register
proposed rule (73 FR 12321) on March
7, 2008 to prohibit replica and inert
munitions from the mail. Upon further
review and in consideration of
respondents’ comments, we are revising
our proposal to:
1. More specifically identify these
items as ‘‘replica or inert explosive
devices’’ rather than ‘‘replica or inert
munitions’’ and,
E:\FR\FM\05JAP1.SGM
05JAP1
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
2. Identify a process for mailing such
items rather than prohibiting them from
the mail altogether.
In the past, postal operations have
been disrupted and facilities have been
evacuated when replica or inert
explosive devices have been discovered
in the mail. Such evacuations result in
unnecessary expense and loss of
productivity to the Postal Service and
can jeopardize USPS® service
commitments. We believe this revised
proposed rule will minimize the
chances of operational disruptions
caused by replica or inert explosive
devices and at the same time allow
mailers to continue to use the mail for
shipping these items.
Comments Received
All comments received in response to
the original proposed rule were in
opposition to the proposal, falling into
four major categories. Comments are
summarized and presented below
followed by our responses:
Comment: The Postal Service
proposal is vague and overly broad
when identifying all replica or inert
‘‘munitions’’ as being prohibited from
mailing.
The Postal Service agrees that the
language in the rule could be more
descriptive. We have, therefore, termed
these articles as ‘‘inert or replica
explosive devices’’ to distinguish them
from inert munitions, such as empty
shell casings and the like. In the revised
proposed rule, replica or inert items that
clearly look like a bomb or an explosive
device, to an untrained observer, must
be presented for mailing in accordance
with the proposed standards in this
document. This proposed rule is
intended to discourage indiscriminate
mailing of articles that appear to be
explosive devices.
Comment: Respondents dispute
whether there really is a problem of
inert munitions in the mail.
In the past three years, the Postal
Service has recorded numerous
incidents involving the discovery of
mail that exhibited characteristics of
possible explosives. Postal facilities
have been evacuated due to these
occurrences. Postal Inspectors or local
emergency first responders were
contacted and required to respond to
each of these occurrences.
Comment: The proposal is in
violation of the Second Amendment.
We no longer propose to prohibit the
mailing of items currently allowed by
law to be mailed. In this revised
proposed rule we are limiting the
mailing of articles that have the
appearance of real explosive devices.
This revised proposed rule requires
VerDate Nov<24>2008
16:40 Jan 04, 2010
Jkt 220001
customers to present packages
containing replica or inert explosive
devices at a retail counter and that they
be sent via Registered Mail. This process
will ensure that packages containing
these items remain separate and easily
identifiable during the mailing process.
Comment: The Postal Service lacks
the authority to ban mailing of this
matter.
While the Postal Service does not
necessarily agree with the legal
arguments presented by certain
respondents in response to its prior
proposed rule, in reconsideration, we
believe we can achieve the goal of
reducing operational interruptions and
maintaining the safety of the mail and
postal employees by limiting the
mailing process of replica or inert
explosive devices rather than
prohibiting them from being mailed.
Although we are exempt from the
notice and comment requirements of the
Administrative Procedure Act (5 U.S.C.
of 553 (b), (c)] regarding proposed
rulemaking by 39 U.S.C. 410(a), we
invite public comments on the
following proposed revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative 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 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
*
*
*
*
*
11.0 Other Restricted and
Nonmailable Matter
*
*
*
*
*
11.5 Replica or Inert Explosive
Devices
[Renumber current 11.5 through 11.20
as 11.6 through 11.21. Insert new 11.5
to read as follows:]
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
283
Replica or inert devices that bear a
realistic appearance to explosive
devices such as simulated grenades, but
that are not dangerous, are permitted in
the mail when all of the following
conditions are met:
a. The package is presented by the
mailer at a retail counter.
b. Registered Mail is used. Registered
Mail service is only available for items
mailed as either First-Class Mail or
Priority Mail.
c. The address side of the package is
labeled with ‘‘REPLICA EXPLOSIVE’’
using at least 20 point type or letters at
least 1⁄4″ high.
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if our proposal is
adopted.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9–31218 Filed 1–4–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0804; FRL–9100–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendment to Electric
Generating Unit Multi-Pollutant
Regulation
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Delaware. The revision is an
amendment to the Electric Generating
Unit Multi-Pollutant Regulation of
Delaware’s Administrative Code, and it
modifies the sulfur dioxide (SO2) mass
emissions limit associated with
Conectiv Edge Moor Unit 5 beginning in
calendar year 2009. This action is being
taken under the Clean Air Act (CAA or
the Act).
DATES: Written comments must be
received on or before February 4, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2009–0804 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
E:\FR\FM\05JAP1.SGM
05JAP1
Agencies
[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 282-283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31218]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Restricting the Mailing of Replica or Inert Explosive Devices
AGENCY: Postal ServiceTM.
ACTION: Proposed rule; revised.
-----------------------------------------------------------------------
SUMMARY: The Postal Service proposes to revise Mailing Standards of the
United States Postal Service, Domestic Mail Manual (DMM[supreg]) to
clarify that a proposed new standard to allow for the mailing of
replica or inert explosive devices, such as grenades, be sent by
Registered MailTM only.
DATES: Submit comments on or before February 4, 2010.
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. E-mail comments, containing the name and address of the
commenter, may be sent to: MailingStandards@usps.gov, with a subject
line of ``Inert Munitions'' Faxed comments are not accepted.
FOR FURTHER INFORMATION CONTACT: Mary J. Collins 202-268-5440 or Evans
King, 202-268-4982.
SUPPLEMENTARY INFORMATION: The Postal Service published a Federal
Register proposed rule (73 FR 12321) on March 7, 2008 to prohibit
replica and inert munitions from the mail. Upon further review and in
consideration of respondents' comments, we are revising our proposal
to:
1. More specifically identify these items as ``replica or inert
explosive devices'' rather than ``replica or inert munitions'' and,
[[Page 283]]
2. Identify a process for mailing such items rather than
prohibiting them from the mail altogether.
In the past, postal operations have been disrupted and facilities
have been evacuated when replica or inert explosive devices have been
discovered in the mail. Such evacuations result in unnecessary expense
and loss of productivity to the Postal Service and can jeopardize
USPS[supreg] service commitments. We believe this revised proposed rule
will minimize the chances of operational disruptions caused by replica
or inert explosive devices and at the same time allow mailers to
continue to use the mail for shipping these items.
Comments Received
All comments received in response to the original proposed rule
were in opposition to the proposal, falling into four major categories.
Comments are summarized and presented below followed by our responses:
Comment: The Postal Service proposal is vague and overly broad when
identifying all replica or inert ``munitions'' as being prohibited from
mailing.
The Postal Service agrees that the language in the rule could be
more descriptive. We have, therefore, termed these articles as ``inert
or replica explosive devices'' to distinguish them from inert
munitions, such as empty shell casings and the like. In the revised
proposed rule, replica or inert items that clearly look like a bomb or
an explosive device, to an untrained observer, must be presented for
mailing in accordance with the proposed standards in this document.
This proposed rule is intended to discourage indiscriminate mailing of
articles that appear to be explosive devices.
Comment: Respondents dispute whether there really is a problem of
inert munitions in the mail.
In the past three years, the Postal Service has recorded numerous
incidents involving the discovery of mail that exhibited
characteristics of possible explosives. Postal facilities have been
evacuated due to these occurrences. Postal Inspectors or local
emergency first responders were contacted and required to respond to
each of these occurrences.
Comment: The proposal is in violation of the Second Amendment.
We no longer propose to prohibit the mailing of items currently
allowed by law to be mailed. In this revised proposed rule we are
limiting the mailing of articles that have the appearance of real
explosive devices. This revised proposed rule requires customers to
present packages containing replica or inert explosive devices at a
retail counter and that they be sent via Registered Mail. This process
will ensure that packages containing these items remain separate and
easily identifiable during the mailing process.
Comment: The Postal Service lacks the authority to ban mailing of
this matter.
While the Postal Service does not necessarily agree with the legal
arguments presented by certain respondents in response to its prior
proposed rule, in reconsideration, we believe we can achieve the goal
of reducing operational interruptions and maintaining the safety of the
mail and postal employees by limiting the mailing process of replica or
inert explosive devices rather than prohibiting them from being mailed.
Although we are exempt from the notice and comment requirements of
the Administrative Procedure Act (5 U.S.C. of 553 (b), (c)] regarding
proposed rulemaking by 39 U.S.C. 410(a), we invite public comments on
the following proposed revisions to Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), incorporated by
reference in the Code of Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative 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 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
* * * * *
11.0 Other Restricted and Nonmailable Matter
* * * * *
11.5 Replica or Inert Explosive Devices
[Renumber current 11.5 through 11.20 as 11.6 through 11.21. Insert
new 11.5 to read as follows:]
Replica or inert devices that bear a realistic appearance to
explosive devices such as simulated grenades, but that are not
dangerous, are permitted in the mail when all of the following
conditions are met:
a. The package is presented by the mailer at a retail counter.
b. Registered Mail is used. Registered Mail service is only
available for items mailed as either First-Class Mail or Priority Mail.
c. The address side of the package is labeled with ``REPLICA
EXPLOSIVE'' using at least 20 point type or letters at least \1/4\''
high.
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes if our proposal is adopted.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9-31218 Filed 1-4-10; 8:45 am]
BILLING CODE 7710-12-P