[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66241-66242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29723]
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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 ServiceTM.
ACTION: Final rule.
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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]]
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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