New Mailing Standards for Live Animals and Special Handling, 24132-24134 [2013-09603]
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tkelley on DSK3SPTVN1PROD with PROPOSALS
24132
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
otherwise specifically designated for
exemptions herein which contain
isolated items of properly classified
information.
(c) Exemption for Anticipation of a
Civil Action or Proceeding. All systems
of records maintained by the NGB shall
be exempt under section (d)(5) of 5
U.S.C. 552a, to the extent that the record
is compiled in reasonable anticipation
of a civil action or proceeding.
(d) General Exemptions. No SOR
within the NGB shall be considered
exempt under subsection (j) or (k) of 5
U.S.C. 552a until the exemption rule for
the SOR has been published as a final
rule in the FR.
(e) Specific exemptions.
(1) System identifier and name: INGB
001, Freedom of Information Act (5
U.S.C.) and Privacy Act (5 U.S.C. 552a)
Case Files.
(i) Exemption: During the course of a
5 U.S.C. 552 or 5 U.S.C. 552a action,
exempt materials from other systems of
records may, in turn, become part of the
case records in this system. To the
extent that copies of exempt records
from those other systems of records are
entered into this 5 U.S.C. 552 or 5
U.S.C. 552a case record, the NGB hereby
claims the same exemptions for the
records from those other systems that
are entered into this system, as claimed
for the original primary SOR which they
are a part.
(ii) Authority: 5 U.S.C. 552a, sections
(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), (k)(5),
(k)(6), and (k)(7).
(iii) Reasons: Records are only exempt
from pertinent provisions of 5 U.S.C.
552a to the extent such provisions have
been identified and an exemption
claimed for the original record and the
purposes underlying the exemption for
the original record still pertain to the
record which is now contained in this
SOR. In general, the exemptions were
claimed in order to protect properly
classified information relating to
national defense and foreign policy, to
avoid interference during the conduct of
criminal, civil, or administrative actions
or investigations, to ensure protective
services provided the President and
others are not compromised, to protect
the identity of confidential sources
incident to Federal employment,
military service, contract, and security
clearance determinations, to preserve
the confidentiality and integrity of
Federal testing materials, and to
safeguard evaluation materials used for
military promotions when furnished by
a confidential source. The exemption
rule for the original records will identify
the specific reasons why the records are
exempt from specific provisions of 5
U.S.C. 552a.
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18:02 Apr 23, 2013
Jkt 229001
(2) System identifier and name: INGB
005, Special Investigation Reports and
Files.
(i) Exemption: Investigatory material
compiled for law enforcement purposes,
other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be
exempt pursuant to 5 U.S.C. 552a(k)(2).
However, if an individual is denied any
right, privilege, or benefit for which he
would otherwise be entitled by Federal
law or for which he would otherwise be
eligible, as a result of the maintenance
of the information, the individual will
be provided access to the information
except to the extent that disclosure
would reveal the identity of a
confidential source. Note: When
claimed, this exemption allows limited
protection of investigative reports
maintained in a SOR used in personnel
or administrative actions. Any portion
of this SOR which falls within the
provisions of 5 U.S.C. 552a(k)(2) may be
exempt from the following subsections
of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f).
(ii) Authority: 5 U.S.C. 552a, section
(k)(2).
(iii) Reasons:
(A) From subsection (c)(3) because to
grant access to the accounting for each
disclosure as required by 5 U.S.C. 552a,
including the date, nature, and purpose
of each disclosure and the identity of
the recipient, could alert the subject to
the existence of the investigation. This
could seriously compromise case
preparation by prematurely revealing its
existence and nature; compromise or
interfere with witnesses or make
witnesses reluctant to cooperate; and
lead to suppression, alteration, or
destruction of evidence.
(B) From subsections (d) and (f)
because providing access to
investigative records and the right to
contest the contents of those records
and force changes to be made to the
information contained therein would
seriously interfere with and thwart the
orderly and unbiased conduct of the
investigation and impede case
preparation. Providing access rights
normally afforded under 5 U.S.C. 552a
would provide the subject with valuable
information that would allow
interference with or compromise of
witnesses or render witnesses reluctant
to cooperate; lead to suppression,
alteration, or destruction of evidence;
enable individuals to conceal their
wrongdoing or mislead the course of the
investigation; and result in the secreting
of or other disposition of assets that
would make them difficult or
impossible to reach in order to satisfy
any Government claim growing out of
the investigation or proceeding.
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
(C) From subsection (e)(1) because it
is not always possible to detect the
relevance or necessity of each piece of
information in the early stages of an
investigation. In some cases, it is only
after the information is evaluated in
light of other evidence that its relevance
and necessity will be clear.
(D) From subsections (e)(4)(G) and (H)
because this SOR is compiled for
investigative purposes and is exempt
from the access provisions of
subsections (d) and (f).
(E) From subsection (e)(4)(I) because
to the extent that this provision is
construed to require more detailed
disclosure than the broad, generic
information currently published in the
system notice, an exemption from this
provision is necessary to protect the
confidentiality of sources of information
and to protect privacy and physical
safety of witnesses and informants.
Dated: April 15, 2013.
Patricia Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–09619 Filed 4–23–13; 8:45 am]
BILLING CODE 5001–06–P
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Live
Animals and Special Handling
Postal ServiceTM.
ACTION: Proposed rule.
AGENCY:
The Postal Service is
proposing to revise Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM®) 503.14
and 601.9.3 to require special handling
service for shipments containing certain
types of live animals, to limit the mail
classes available for use when shipping
certain types of live animals, and to
expand the mailability of live animals
domestically to include any adult bird
weighing no more than 25 pounds.
DATES: Submit comments on or before
May 24, 2013.
ADDRESSES: Mail or deliver written
comments to the manager, Product
Classification, U.S. Postal Service, 475
L’Enfant Plaza SW., Room 4446,
Washington, DC 20260–5015. You may
inspect and photocopy all written
comments at USPS® Headquarters
Library, 475 L’Enfant Plaza SW., 11th
Floor North, Washington, DC, by
appointment only between the hours of
9 a.m. and 4 p.m., Monday through
Friday. Call 1–202–268–2906 in
advance for an appointment. Email
SUMMARY:
E:\FR\FM\24APP1.SGM
24APP1
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
comments, containing the name and
address of the commenter, may be sent
to: ProductClassification@usps.gov,
with a subject line of ‘‘Live Animals.’’
Faxed comments are not accepted.
FOR FURTHER INFORMATION CONTACT:
Grace Letto at 202–268–8370 or Rachel
Devadas at 202–268–7276.
SUPPLEMENTARY INFORMATION: The Postal
Service currently requires special
handling service for designated
shipments of live animals needing
additional care during transport and
handling to its destination as follows:
Domestic shipments containing
honeybees or baby poultry are currently
required to include special handling
service, unless First-Class Mail®, FirstClass Package ServiceTM, or Priority
Mail® is used. Shipments containing
live animals must also be marked on the
address side with a description of the
contents, even if special handling
service is not purchased. These
markings provide notice to Postal
Service employees that specific care,
different from the handling of ordinary
mailpieces, is required. Circumstances
requiring the Postal Service to handle
shipments containing live animals
differently also include:
a. Protection of Postal Service
employees and the public against harm
from diseased animals.
b. Protection of the mail and the
environment against damage to the
shipping container or the live animal
and offensive odors or noise.
c. Protection of animals against death,
taking into account the expected time
and temperature in transit (weather
conditions), and packaging sufficient to
resist impact, heat and cold, and to
prevent suffocation.
The Postal Service consistently
accepts, transports, and delivers live
animals with additional care in
handling, regardless of the mail class or
the extra service being purchased. This
additional care ensures safe and
effective processing for mail containing
live animals through the mailstream to
its destination. Consequently, the Postal
Service incurs additional expense to
isolate and protect live shipments even
when sent by air transportation, such as
with Express Mail® or Priority Mail®.
If this proposal is adopted the Postal
Service will require special handling
service for all parcels containing bulk
shipments of bees (e.g. a queen bee
packaged with an attending swarm),
day-old poultry and adult birds,
regardless of the class of mail used.
Additionally, the Postal Service
currently affixes a unique tracking
barcode on all parcels presented at
retail, and recommends that all mailers
VerDate Mar<15>2010
18:02 Apr 23, 2013
Jkt 229001
not presenting shipments at retail
include an Intelligent Mail® package
barcode (IMpb) on their mailpieces,
when not already required to do so as
a condition of the mail class and price
category or postage payment method
used. If this proposal is adopted, the
Postal Service will require mailers
purchasing special handing to either
present their mailpieces at retail, or to
include an IMpb, embedded with the
appropriate service type code applicable
to special handling and the mail class
used, on their mailpieces. The Postal
Service also proposes that shipments of
live animals that include special
handling must be accepted at either a
USPS retail unit, Business Mail Entry
Unit (BMEU) or a Detached Mail Unit
(DMU). The Postal Service anticipates
that the combination of IMpb tracking
and special handling service will
provide customers with the service they
expect as their parcels containing live
animals are transported to their
respective destinations.
To assure prompt or expedited
delivery and to minimize the chances of
animals dying in transit, the Postal
Service is also proposing to require
shipments containing amphibians and
reptiles to be limited to the following
products: Express Mail, Priority Mail
(excluding Critical Mail®), First-Class
Mail (parcels only) or First-Class
Package Service. If this proposal is
adopted, shipments of live amphibians
and reptiles would no longer be
permitted for use with any Package
Services, Standard PostTM, or Parcel
Select® products.
Currently, certain disease-free adult
birds can be accepted for domestic
shipment when mailed in compliance
with applicable regulations. Mailability
is currently restricted to adult chickens,
turkeys, guinea fowl, doves, pigeons,
pheasants, partridges, quail ducks,
geese, and swans. The Postal Service is
proposing to expand its mailing
standards to allow for the shipment of
any disease-free live bird, weighing no
more than 25 pounds, which can be
legally transported. If this proposal is
adopted, mailers must be compliant
with all applicable governmental laws
and regulations, including the Lacey
Act, the Endangered Species Act (ESA),
and regulations of the U.S. Department
of Agriculture, U.S. Fish and Wildlife
Service, and any state, municipal or
local ordinances. Mailings must also be
compliant with the guidelines provided
in USPS Publication 14, Prohibitions
and Restrictions on Mailing Animals,
Plants, and Related Matter, Chapter 5.
Although we are exempt from the
notice and comment requirements of the
Administrative Procedure Act (5 U.S.C.
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
24133
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); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 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:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
500
Additional Mailing Services
*
*
503
Extra Services
*
*
14.0
*
*
*
*
*
Special Handling
14.1
*
*
Fees for Special Handling
*
14.1.2
*
*
*
Fee and Postage
[Revise the first sentence of 14.1.2 as
follows:]
The applicable special handling fee
must be paid in addition to postage for
each addressed piece for which special
handling service is required by
standards, or is requested. * * *
14.2
Basic Information
14.2.1 Description
[Revise the 14.2.1 by adding a new
fourth and fifth sentence as follows:]
* * * Items with special handling
service receive tracking and when not
presented at retail must include an
Intelligent Mail package barcode
prepared in accordance with 708.5. Any
mailpieces containing live animals and
including special handling must be
presented at retail postal unit, a
Business Mail Entry Unit (BMEU), or a
Detached Mail Unit (DMU).
E:\FR\FM\24APP1.SGM
24APP1
24134
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
14.2.2 Eligible Matter
[Revise 14.2.2 as follows:]
Special handling service is available
only for Express Mail, Priority Mail
(excluding Critical Mail), First-Class
Mail, First-Class Package Service,
Standard Post, Package Services, and
Parcel Select (except Parcel Select
Lightweight) pieces.
*
*
*
*
*
[Revise title of 14.2.4 and text as
follows:]
14.2.4 Bees, Day-Old Poultry and
Adult Birds
Special handling is required for
shipments containing day-old poultry,
adult birds and bulk shipments of bees
(e.g. a queen bee packaged with an
attending swarm), regardless of the class
of mail purchased.
*
*
*
*
*
[Delete item 14.2.6 in its entirety]
*
*
*
*
*
600 Basic Standards for All Mailing
Services
601
Mailability
*
*
9.0
Perishables
*
*
9.3
Live Animals
*
*
*
*
*
*
*
*
*
*
*
[Revise the second sentence of 9.3.2
as follows.]
tkelley on DSK3SPTVN1PROD with PROPOSALS
9.3.2 Day-Old Poultry
* * * Live day-old chickens, ducks,
emus, geese, guinea fowl, partridges,
pheasants (pheasants may be mailed
only from April through August), quail,
and turkeys are acceptable in the mail
only if:
*
*
*
*
*
[Revise the text of item f as follows:]
f. The shipment bears special
handling postage in addition to regular
postage.
*
*
*
*
*
[Revise and reformat 9.3.3 to include
a new last sentence, and a new item a
and b as follows:]
9.3.3 Small Cold-Blooded Animals
* * * The following also apply:
a. Reptiles (e.g. lizards, skinks, and
baby alligators and caimans not more
than 20 inches long) must be mailed by
Express Mail, Priority Mail (excluding
Critical Mail), First-Class Mail (parcels
only), or First-Class Package Services.
b. Amphibians (e.g. toads, frogs, and
salamanders) must be mailed by Express
Mail, Priority Mail (excluding Critical
Mail), First-Class Mail (parcels only), or
First-Class Mail Package Services.
VerDate Mar<15>2010
18:02 Apr 23, 2013
Jkt 229001
[Revise title and introductory text of
9.3.4 as follows:]
9.3.4 Adult Birds
Disease-free adult birds, weighing no
more than 25 pounds, may be mailed
domestically. Mailers must be
compliant with all applicable
governmental laws and regulations,
including the Lacey Act, the
Endangered Species Act (ESA), and
regulations of the U.S. Department of
Agriculture, U.S. Fish and Wildlife
Service, and any state, municipal or
local ordinances. Mailings must also be
compliant with the guidelines provided
in USPS Publication 14, Prohibitions
and Restrictions on Mailing Animals,
Plants, and Related Matter, Chapter 5.
In addition, each container or package
must be marked as required by U.S. Fish
and Wildlife Service under 50 CFR 14.
Adult birds are mailable as follows:
[Revise 9.3.4a as follows:]
a. The mailer must send adult fowl by
Express Mail, including Special
Handling service, in secure containers
approved by the manager, Product
Classification (see 608.8.0 for address).
*
*
*
*
*
9.3.7 Bees
[Revise the second sentence of 9.3.7
as follows:]
* * * Bulk shipments of bees (e.g. a
queen bee packaged with an attending
swarm) must include postage for special
handling service. * * *
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if our proposal is
adopted.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2013–09603 Filed 4–23–13; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2005–0011; FRL–9805–7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Koppers Co., Inc. (Florence
Plant) Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is issuing a
Notice of Intent to Delete the Koppers
SUMMARY:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Co., Inc. (Florence Plant) Superfund Site
(Site) located in Florence, South
Carolina, from the National Priorities
List (NPL) and requests public
comments on this proposed action. The
NPL, promulgated pursuant to section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the South Carolina Department of
Health and Environmental Control
(SCDHEC) have determined that no
further response activities under
CERCLA are appropriate. However, this
deletion does not preclude future
actions under Superfund.
DATES: Comments must be received by
May 24, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2005–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• Email: jones.yvonneo@epa.gov.
• Fax: 404–562–8788 Attention:
Yvonne Jones.
• Mail: Yvonne Jones, Remedial
Project Manager, Superfund Remedial
Section, Superfund Remedial Branch,
Superfund Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960.
• Hand delivery: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information. The Regional EPA Office is
open for business Monday through
Friday, 8:30 a.m. to 4:00 p.m., excluding
Federal Holidays.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2005–
0011. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
E:\FR\FM\24APP1.SGM
24APP1
]]>Agencies
[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Proposed Rules]
[Pages 24132-24134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09603]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Live Animals and Special Handling
AGENCY: Postal ServiceTM.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is proposing to revise Mailing Standards of
the United States Postal Service, Domestic Mail Manual (DMM[supreg])
503.14 and 601.9.3 to require special handling service for shipments
containing certain types of live animals, to limit the mail classes
available for use when shipping certain types of live animals, and to
expand the mailability of live animals domestically to include any
adult bird weighing no more than 25 pounds.
DATES: Submit comments on or before May 24, 2013.
ADDRESSES: Mail or deliver written comments to the manager, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 4446,
Washington, DC 20260-5015. You may inspect and photocopy all written
comments at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW.,
11th Floor North, Washington, DC, by appointment only between the hours
of 9 a.m. and 4 p.m., Monday through Friday. Call 1-202-268-2906 in
advance for an appointment. Email
[[Page 24133]]
comments, containing the name and address of the commenter, may be sent
to: ProductClassification@usps.gov, with a subject line of ``Live
Animals.'' Faxed comments are not accepted.
FOR FURTHER INFORMATION CONTACT: Grace Letto at 202-268-8370 or Rachel
Devadas at 202-268-7276.
SUPPLEMENTARY INFORMATION: The Postal Service currently requires
special handling service for designated shipments of live animals
needing additional care during transport and handling to its
destination as follows: Domestic shipments containing honeybees or baby
poultry are currently required to include special handling service,
unless First-Class Mail[supreg], First-Class Package Service\TM\, or
Priority Mail[supreg] is used. Shipments containing live animals must
also be marked on the address side with a description of the contents,
even if special handling service is not purchased. These markings
provide notice to Postal Service employees that specific care,
different from the handling of ordinary mailpieces, is required.
Circumstances requiring the Postal Service to handle shipments
containing live animals differently also include:
a. Protection of Postal Service employees and the public against
harm from diseased animals.
b. Protection of the mail and the environment against damage to the
shipping container or the live animal and offensive odors or noise.
c. Protection of animals against death, taking into account the
expected time and temperature in transit (weather conditions), and
packaging sufficient to resist impact, heat and cold, and to prevent
suffocation.
The Postal Service consistently accepts, transports, and delivers
live animals with additional care in handling, regardless of the mail
class or the extra service being purchased. This additional care
ensures safe and effective processing for mail containing live animals
through the mailstream to its destination. Consequently, the Postal
Service incurs additional expense to isolate and protect live shipments
even when sent by air transportation, such as with Express Mail[supreg]
or Priority Mail[supreg].
If this proposal is adopted the Postal Service will require special
handling service for all parcels containing bulk shipments of bees
(e.g. a queen bee packaged with an attending swarm), day-old poultry
and adult birds, regardless of the class of mail used.
Additionally, the Postal Service currently affixes a unique
tracking barcode on all parcels presented at retail, and recommends
that all mailers not presenting shipments at retail include an
Intelligent Mail[supreg] package barcode (IMpb) on their mailpieces,
when not already required to do so as a condition of the mail class and
price category or postage payment method used. If this proposal is
adopted, the Postal Service will require mailers purchasing special
handing to either present their mailpieces at retail, or to include an
IMpb, embedded with the appropriate service type code applicable to
special handling and the mail class used, on their mailpieces. The
Postal Service also proposes that shipments of live animals that
include special handling must be accepted at either a USPS retail unit,
Business Mail Entry Unit (BMEU) or a Detached Mail Unit (DMU). The
Postal Service anticipates that the combination of IMpb tracking and
special handling service will provide customers with the service they
expect as their parcels containing live animals are transported to
their respective destinations.
To assure prompt or expedited delivery and to minimize the chances
of animals dying in transit, the Postal Service is also proposing to
require shipments containing amphibians and reptiles to be limited to
the following products: Express Mail, Priority Mail (excluding Critical
Mail[supreg]), First-Class Mail (parcels only) or First-Class Package
Service. If this proposal is adopted, shipments of live amphibians and
reptiles would no longer be permitted for use with any Package
Services, Standard Post\TM\, or Parcel Select[supreg] products.
Currently, certain disease-free adult birds can be accepted for
domestic shipment when mailed in compliance with applicable
regulations. Mailability is currently restricted to adult chickens,
turkeys, guinea fowl, doves, pigeons, pheasants, partridges, quail
ducks, geese, and swans. The Postal Service is proposing to expand its
mailing standards to allow for the shipment of any disease-free live
bird, weighing no more than 25 pounds, which can be legally
transported. If this proposal is adopted, mailers must be compliant
with all applicable governmental laws and regulations, including the
Lacey Act, the Endangered Species Act (ESA), and regulations of the
U.S. Department of Agriculture, U.S. Fish and Wildlife Service, and any
state, municipal or local ordinances. Mailings must also be compliant
with the guidelines provided in USPS Publication 14, Prohibitions and
Restrictions on Mailing Animals, Plants, and Related Matter, Chapter 5.
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), 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]
0
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
500 Additional Mailing Services
* * * * *
503 Extra Services
* * * * *
14.0 Special Handling
14.1 Fees for Special Handling
* * * * *
14.1.2 Fee and Postage
[Revise the first sentence of 14.1.2 as follows:]
The applicable special handling fee must be paid in addition to
postage for each addressed piece for which special handling service is
required by standards, or is requested. * * *
14.2 Basic Information
14.2.1 Description
[Revise the 14.2.1 by adding a new fourth and fifth sentence as
follows:]
* * * Items with special handling service receive tracking and when
not presented at retail must include an Intelligent Mail package
barcode prepared in accordance with 708.5. Any mailpieces containing
live animals and including special handling must be presented at retail
postal unit, a Business Mail Entry Unit (BMEU), or a Detached Mail Unit
(DMU).
[[Page 24134]]
14.2.2 Eligible Matter
[Revise 14.2.2 as follows:]
Special handling service is available only for Express Mail,
Priority Mail (excluding Critical Mail), First-Class Mail, First-Class
Package Service, Standard Post, Package Services, and Parcel Select
(except Parcel Select Lightweight) pieces.
* * * * *
[Revise title of 14.2.4 and text as follows:]
14.2.4 Bees, Day-Old Poultry and Adult Birds
Special handling is required for shipments containing day-old
poultry, adult birds and bulk shipments of bees (e.g. a queen bee
packaged with an attending swarm), regardless of the class of mail
purchased.
* * * * *
[Delete item 14.2.6 in its entirety]
* * * * *
600 Basic Standards for All Mailing Services
601 Mailability
* * * * *
9.0 Perishables
* * * * *
9.3 Live Animals
* * * * *
[Revise the second sentence of 9.3.2 as follows.]
9.3.2 Day-Old Poultry
* * * Live day-old chickens, ducks, emus, geese, guinea fowl,
partridges, pheasants (pheasants may be mailed only from April through
August), quail, and turkeys are acceptable in the mail only if:
* * * * *
[Revise the text of item f as follows:]
f. The shipment bears special handling postage in addition to
regular postage.
* * * * *
[Revise and reformat 9.3.3 to include a new last sentence, and a
new item a and b as follows:]
9.3.3 Small Cold-Blooded Animals
* * * The following also apply:
a. Reptiles (e.g. lizards, skinks, and baby alligators and caimans
not more than 20 inches long) must be mailed by Express Mail, Priority
Mail (excluding Critical Mail), First-Class Mail (parcels only), or
First-Class Package Services.
b. Amphibians (e.g. toads, frogs, and salamanders) must be mailed
by Express Mail, Priority Mail (excluding Critical Mail), First-Class
Mail (parcels only), or First-Class Mail Package Services.
[Revise title and introductory text of 9.3.4 as follows:]
9.3.4 Adult Birds
Disease-free adult birds, weighing no more than 25 pounds, may be
mailed domestically. Mailers must be compliant with all applicable
governmental laws and regulations, including the Lacey Act, the
Endangered Species Act (ESA), and regulations of the U.S. Department of
Agriculture, U.S. Fish and Wildlife Service, and any state, municipal
or local ordinances. Mailings must also be compliant with the
guidelines provided in USPS Publication 14, Prohibitions and
Restrictions on Mailing Animals, Plants, and Related Matter, Chapter 5.
In addition, each container or package must be marked as required by
U.S. Fish and Wildlife Service under 50 CFR 14. Adult birds are
mailable as follows:
[Revise 9.3.4a as follows:]
a. The mailer must send adult fowl by Express Mail, including
Special Handling service, in secure containers approved by the manager,
Product Classification (see 608.8.0 for address).
* * * * *
9.3.7 Bees
[Revise the second sentence of 9.3.7 as follows:]
* * * Bulk shipments of bees (e.g. a queen bee packaged with an
attending swarm) must include postage for special handling service. * *
*
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes if our proposal is adopted.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2013-09603 Filed 4-23-13; 8:45 am]
BILLING CODE P
