[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Rules and Regulations]
[Pages 29662-29671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12869]
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POSTAL SERVICE
39 CFR Part 111
Treatment of Cigarettes and Smokeless Tobacco as Nonmailable
Matter
AGENCY: Postal Service\TM\.
ACTION: Final rule.
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[[Page 29663]]
SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[reg]) 601.11,
pertaining to the mailing of tobacco cigarettes and smokeless tobacco.
These provisions implement specific requirements of the Prevent All
Tobacco Cigarettes Trafficking (PACT) Act, which restricts the
mailability of cigarettes and smokeless tobacco.
DATES: Effective Date: June 29, 2010.
FOR FURTHER INFORMATION CONTACT: Anthony Alverno, 202-268-2997, or Mary
Collins, 202-268-5440.
SUPPLEMENTARY INFORMATION:
On May 5, 2010, the Postal Service published a proposed rule
Federal Register (75 FR 24534-24541) to implement the Prevent All
Cigarette Trafficking (PACT) Act of 2009, Public Law 111-154. The Act's
purposes include requiring Internet-based and other remote sellers of
cigarettes and smokeless tobacco to comply with laws applied to other
tobacco retailers by:
Creating disincentives for the illegal smuggling of
tobacco products;
Enhancing enforcement tools to deal with cigarette
smuggling;
Stemming trafficking, which increases the collection of
Federal, state, and local excise taxes on cigarettes and smokeless
tobacco; and
Preventing youth access through Internet and contraband
sales.
Section 3 of the PACT Act pertains to the Postal Service and
creates a new Section 1716E of Title 18, U.S. Code. Section 3 of the
PACT Act provides that, subject to certain exceptions, cigarettes,
including roll-your-own tobacco and smokeless tobacco are nonmailable.
Exceptions in the PACT Act permit the mailing of cigarettes and/or
smokeless tobacco in narrowly defined circumstances, as described
below.
Noncontiguous States: Intrastate shipments within Alaska
or Hawaii;
Business/Regulatory Purposes: Shipments transmitted
between verified and authorized tobacco industry businesses for
business purposes, or between such businesses and Federal or state
agencies for regulatory purposes;
Certain Individuals: Infrequent, lightweight shipments
mailed between adult individuals;
Consumer Testing: Shipments of cigarettes sent by verified
and authorized manufacturers to adult smokers for consumer testing
purposes; and
Public Health: Shipments by Federal agencies for public
health purposes under similar rules applied to manufacturers conducting
consumer testing.
The PACT Act provides that the Postal Service cannot accept or
transmit any package that it knows, or has reasonable cause to believe,
contains nonmailable cigarettes or smokeless tobacco. As in the
proposed rule, the final rule explains that the Postal Service has
reasonable cause to not accept for delivery or transmit a package based
on:
A statement on a publicly available website, or an
advertisement, by any person that the person will mail matter which is
nonmailable under this section in return for payment; or
The fact that the mailer or other person on whose behalf a
mailing is being made is on the U.S. Attorney General's List of
Unregistered or Noncompliant Delivery Sellers.
Nonmailable cigarettes and smokeless tobacco deposited in the mail
are subject to seizure and forfeiture. Senders of nonmailable
cigarettes or smokeless tobacco are subject to criminal fines,
imprisonment, and civil penalties.
Section 6 of the PACT Act provides that the nonmailability
provisions, as well as the noncontiguous states exception, take effect
90 days after enactment. With respect to the remaining exceptions, the
PACT Act requires the Postal Service to promulgate a final rule no
later than 180 days after enactment of the PACT Act. 18 U.S.C.
1716E(b)(3)(B)(i), (4)(B)(i), (5)(C)(i). The Postal Service is
accordingly publishing this final rule to be effective on June 29,
2010. In this manner, all of the provisions, including the exceptions
will be available to mailers as of June 29, 2010.
Response to Comments Received
The Postal Service received several comments in response to the
proposed rule. We discuss the comments below and our response to each.
One commenter, an association of state officials engaged in legal
and law enforcement issues, expressed favorable comments on the
proposed rule. The commenter stated that ``strong and effective
implementation'' of the PACT Act would further the Act's stated
objectives, and the proposed rule furthers those criteria. The
commenter explicitly endorsed the ``reasonable cause'' standard in
proposed section 601.11.2, by noting that it provides ``a workable and
effective means of identifying packages that are nonmailable under the
PACT Act.'' The commenter also expressed support for the proposed
rule's prohibition of cigarettes and smokeless tobacco in international
mail.
A second commenter offered suggestions on several aspects of the
proposed rule. First, the commenter suggested that a cross-reference in
601.11.2 was a typographical error, and the Postal Service has
corrected the error in the final rule. Second, the commenter
recommended that DMM 601.11.5.1b specify more detailed documentation
requirements regarding a mailer's official licensing. This
recommendation is well-taken, and although the Postal Service does not
believe that it should be incorporated into the final rule at this
time, the Postal Service will take the recommendation under advisement
and will apply it as necessary in its administration of the application
process.
The same commenter also offered suggestions about the ``certain
individuals'' exception in DMM 601.11.6. The commenter noted that the
proposed rule neglected to include explicit restriction of the
exception to noncommercial uses, including gifts not connected in any
way with a commercial transaction. The Postal Service agrees with this
recommendation and has incorporated language in DMM 601.11.6 to address
the specific concerns. In a suggestion shared with comments by a
consumer advocacy group, the commenter also recommended that a sender
under the certain individuals exception be required to make his or her
required affirmation in writing, under penalty of perjury, rather than
orally. The PACT Act does not require that this affirmation be in
writing, however, and the Postal Service believes that such a
requirement would diminish administrative efficiency while not
contributing appreciably to compliance or enforcement, given the
additional procedures for verifying recipient age.
Finally, the commenter recommended that the consumer testing
exception be revised in two ways. Under the commenter's proposal, the
written certification in proposed DMM 601.11.7.1d (restyled as
subparagraph b in the final rule) should include all of the conditions
of 18 U.S.C. 1716E(b)(5)(A)(v), not just the requirement that no
payment be made by the recipient. (The consumer advocacy group
suggested similar changes and that other conditions for the exception
be incorporated within the certification.) The citation to clause
1716E(b)(5)(A)(v) is inapposite, however: The cited provision specifies
general conditions for the exception, but not for the mailer's
certification. The certification requirements are set forth expressly
in 18 U.S.C. 1716E(b)(5)(C)(ii)(II), and the Postal
[[Page 29664]]
Service believes it has accurately captured them in the proposed and
final rules. The commenter also submits that the proposed DMM
601.11.7.2d is overbroad, in that it implies that a recipient can only
receive one consumer-test mailing from any manufacturer at all in a 30-
day period, rather than one mailing from any one manufacturer. In
response to the commenter's suggestion, the final rule has been revised
accordingly to track the language of the statute.
As noted above, the Postal Service received a comment from a
consumer advocacy group that touched on several aspects of the proposed
rule. The commenter recommended that mailers under the business/
regulatory purposes and consumer testing exceptions be required to
update their applications for all changes in pertinent information and
that the mailers be required annually to verify the continuing accuracy
of their information. As explained below, the Postal Service has
clarified the updating requirement in the final rule. The commenter
also noted that, as proposed, the consumer testing exception in DMM
601.11.7.2b6 would not apply to recipients ``residing'' in a state that
prohibits such shipments, whereas the corresponding PACT Act provision
applies to any individuals ``located'' in such a state. The observation
is apt, and the Postal Service has revised the final rule accordingly.
The commenter suggested that the advice in DMM 601.11.2 regarding
penalties is insufficiently specific and offers more detailed language
for different types of violations. The Postal Service believes that
this suggestion is unnecessary and goes beyond the intent of the
proposed language, which is simply to alert mailers of the potential
consequences of noncompliant mailings. To the extent that greater
specificity might be desired, that specificity can be found in the text
of the PACT Act itself. See 18 U.S.C. 1716E(c)-(e). The commenter also
recommended that the Postal Service require mailers under the consumer
testing exception to provide a list of all potential recipients and
that the Postal Service not accept any such mailing to individuals not
listed. The Postal Service declines this suggestion as unnecessary,
given that the mailer is already obligated to maintain records on all
mailings. Moreover, it is unclear how such a requirement would enhance
Postal Service administration or serve any clear purpose. The commenter
further advised that the Postal Service should bar any consumer test
mailings that weigh significantly more than 12 packs of cigarettes, or
12 ounces. While the Postal Service appreciates the desire for more
specific guidelines, the Postal Service declines the proposal, as a
weight-based standard is an ill-fitting proxy for a content-based
regulation, and the proposal could bar a substantial amount of
legitimate mailings. For example, a lesser number of packs combined
with heavier non-cigarette matter could penetrate a weight cap without
transgressing the PACT Act's 12-pack limit. Finally, the commenter
advises that pipe tobacco, ``little cigars,'' and other tobacco
products labeled as such may present challenges in applying the PACT
Act. The concern is duly noted and discussed further in response to two
of the other comments.
The Postal Service received one comment from a tribal nation. The
comment notes a lack of tribal consultation concerning the proposed
rule, citing a Presidential Memorandum on Consultation (November 5,
2009), a treaty commitment, and Executive Order 13175. The Presidential
memorandum and Executive Order 13175 apply to ``agencies'' as defined
in 44 U.S.C. 3502(1), however, and not specifically to the Postal
Service, which is an independent establishment of the executive branch.
39 U.S.C. 101; see Kuzma v. United States Postal Service, 798 F.2d 29,
32 (2d Cir. 1986), cert. denied, 479 U.S. 1043 (1987); see also Shane
v. Buck, 658 F. Supp. 908,914-15 (D. Utah 1985), aff'd, 817 F.2d 87
(10th Cir. 1987). The proposed rule is not limited in effect to any
tribal nation or to tribal nations generally; rather, it applies to all
users of the mails nationwide in the same manner as all other postal
regulations. Moreover, the Postal Service has also provided adequate
notice and an opportunity for meaningful and timely input through the
rulemaking process, and the commenter is invited to contact the persons
identified in this notice to arrange any further consultations that the
commenter would find helpful.
The commenter also advised that the Postal Service should forgo
enforcement of the PACT Act's mailability requirements until after the
Department of Justice has compiled the List of Unregistered or
Noncompliant Delivery Sellers required by Section 2A(e) of the PACT
Act. The Postal Service understands that the list may not be available
until 180 days after the PACT Act's enactment, but notes that Congress
has directed the mailability provisions to take effect 90 days after
enactment. Until the list is available, it cannot be used for
enforcement of the mailability rules. Nevertheless, the Postal Service
notes that the statute provides other criteria, including a mailer's
advertising, for determining whether it has reasonable cause to believe
a mailing contains nonmailable tobacco products.
One commenter questioned whether infrequent lightweight shipments
of tobacco between individuals would be allowed under the PACT Act.
Consistent with the PACT Act and the proposed rule, the final rule
permits individual customers to send shipments of cigarettes and
smokeless tobacco to other individuals in certain contexts. All intra-
State shipments will be permitted within Alaska and Hawaii, including
shipments between two individuals located within one of those states.
Otherwise, individual customers may mail small quantities of cigarettes
and smokeless tobacco in domestic mail, subject to the requirements to
the ``certain individuals'' exception described in DMM 601.11.6. This
includes mail to Army Post Office (APO), Fleet Post Office (FPO), and
Diplomatic Post Office (DPO) locations where cigarettes and smokeless
tobacco are not restricted by the host country. See Overseas Military/
Diplomatic Mail in the Postal Bulletin.
One commenter advised that the regulation is unnecessary, while
another expressed concern that the proposed rule would lead to loss of
employment for postal employees and higher postage increases. To
clarify, the Postal Service is implementing requirements imposed by the
PACT Act. The Postal Service does not have discretion to waive the
Act's requirements. One of the consequences of the legislation is to
prohibit sales transactions of cigarettes and smokeless tobacco
conducted by mail. One of the commenters further suggested that clove
cigarettes, which the commenter believed to be classified as cigars,
purchased from vendors abroad would appear to fall within the scope of
the proposed rule. Under Section 907(a)(1)(A) of the Federal Food,
Drug, and Cosmetic Act, as amended by the Family Smoking Prevention and
Tobacco Control Act (Pub. L. 111-31), flavored cigarettes and tobacco
products marketed as cigarettes, including those with clove flavoring,
are prohibited in the United States. To the extent that bona fide
cigars are concerned, a cigar is defined, for purposes of the PACT Act,
as any roll of tobacco wrapped in leaf tobacco or in any substance
containing tobacco, unless, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, the product
is likely to be offered to, or purchased by, consumers as a cigarette.
The PACT Act and the proposed rule's mailability prohibitions would not
apply to imported tobacco products that are, in
[[Page 29665]]
fact, classified by U.S. Federal authorities as cigars. Other
requirements may, however, apply to imported, mailable tobacco
products, and as such, foreign mailers should contact private counsel
or customs authorities to determine any applicable importation
requirements.
Another commenter inquired whether it would be permissible to mail
two to three cans of ``snus'' from Sweden to a friend in the United
States. Because the Postal Service understands snus to be a form of
smokeless tobacco, as defined by the PACT Act, it would fall within the
scope of the rules at hand. As explained in the proposed rule, the
complex verification requirements for the PACT Act's exceptions,
combined with the strict consequences of any noncompliance, render it
impracticable for these requirements to be made applicable to mail
originating or destinating outside of the United States. Therefore, the
Postal Service does not believe that any alternative exists at this
time to allow U.S. persons to send or receive smokeless tobacco
products, such as snus, in international mail under the PACT Act's
exceptions.
Two comments were received from retail associations. One expressed
full support for the proposed rule, and offered no changes in
connection with the rulemaking. The other association offered several
suggestions. First, the commenter suggested that the required markings
be changed from ``PERMITTED TOBACCO PRODUCT'' to ``PERMITTED TOBACCO
MAILING,'' for consistency with the PACT Act. This suggestion is well-
taken and adopted in the final rule. The commenter also suggested that
for certain exceptions, the term ``PERMITTED'' be deleted from the
marking. The Postal Service believes that the term ``PERMITTED'' is
acceptable in the context of all exceptions, since it serves as an
instruction to personnel that the mailing is permissible and not
prohibited from the mail. The commenter also suggested that the Postal
Service require an oath or affirmation for all exceptions to the effect
that all taxes have been paid on the tobacco product being mailed. As
the commenter noted, the consumer testing exception requires that all
taxes be paid on consumer testing samples; however, Congress did not
impose similar restrictions in the context of other exceptions. The
Postal Service disagrees with the commenter that oaths or affirmations
regarding tax compliance are necessary upon mailing under the other
exceptions, particularly considering that the exceptions' collective
scope excludes all commercial transactions with consumers, where the
issue of taxation would be most acute. Finally, the commenter suggested
that postal retail locations include signage to the effect that it is
illegal to mail tobacco (subject to certain exceptions) and that severe
penalties apply. The commenter noted that its suggestion does not need
to be part of the final rule. The Postal Service appreciates that there
is a need for public education, but agrees with the commenter that such
signage need not be part of the final rule.
One commenter questioned whether the scope of the proposed rule as
it applies to ``little cigars,'' which the commenter states are roughly
the same size as a cigarette, are often wrapped in reconstituted
tobacco, and often have a filter. The commenter stated that the
definitions used in the PACT Act are ambiguous and should be clarified.
In particular, the commenter suggested that the definition in the
proposed rule incorporate Alcohol, Tobacco, and Firearms Revenue Ruling
73-22 with respect to the classification of little cigars. The Postal
Service disagrees with the commenter that the definitions should be
further clarified at this time, and notes that the definitions are
taken directly from the definitions in the PACT Act. The Postal Service
does not believe this rulemaking can resolve all of the issues
presented by the commenter, particularly since the product described in
the commenter's letter is not uniform.
One commenter, a tobacco company, offered several observations on
the proposed rule. First, with respect to the business/regulatory
purposes exception, the commenter stated that the requirement for
advance applications by mailers would prove to be an administrative
burden on the Postal Service and would result in delays. The commenter
offered similar observations on the consumer testing exception and
suggested that the Postal Service simply require registration in
advance. The Postal Service appreciates these concerns and is examining
methods to streamline the process, including the possible use of a
standardized form for applications, should the anticipated volume of
applications so warrant. However, Congress specifically charged the
Postal Service with verifying that mailings under these exceptions are
sent by businesses with all proper licenses, an obligation that inheres
a measure of due diligence.
Second, the commenter advised that the required markings on the
packages comply with section 2A(b) of the Jenkins Act, which requires
that delivery sellers apply the following marking to eligible
shipments: ``CIGARETTES/SMOKELESS TOBACCO: FEDERAL LAW REQUIRES THE
PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE WITH APPLICABLE
LICENSING AND TAX-STAMPING OBLIGATIONS.'' The commenter further
suggested that the Postal Service either not require its own separate
markings or else unify its required markings for simplicity. The Postal
Service disagrees with this suggestion. As an initial matter, section
2A(b) of the Jenkins Act applies to shipments of delivery sellers. Such
shipments are explicitly prohibited from the mail, with the exception
of shipments entirely within Alaska and Hawaii. Consequently, this
marking is not pertinent to excepted postal shipments, since delivery
sales may not be sent via U.S. mail (except within Alaska and Hawaii).
Moreover, unique markings on excepted postal shipments are essential,
because the acceptance and delivery rules vary according to the
applicable exception, and the markings offer important guidance to
postal personnel responsible for handling tobacco shipments. As an
example, the minimum age for delivery of a consumer testing or public
health cigarette sample is always 21; however, a shipment delivered to
an individual may be subject to a lower minimum age (18 or 19,
depending on State or local law). There is no way for postal employees
to apply the correct minimum age requirement absent the use of a unique
marking.
Third, the commenter suggested that the Postal Service work with
interested parties to further enhance these rules in order to
streamline the overall process of compliance. The Postal Service
welcomes the opportunity to further improve these rules and encourages
customers to continue to submit their ideas for improvement.
Another comment submitted by a tobacco company offered several
suggestions on the proposed rule. First, the commenter disagreed with
the proposed rule's requirement that excepted shipments (except intra-
State shipments in Alaska and Hawaii) use ``hold for pickup'' service.
The commenter believed that this requirement would be unduly burdensome
and would affect its business operations. The commenter offered several
illustrations to show the difficulties imposed by the hold for pickup
requirement and urged that it not be incorporated in the final rule.
The Postal Service appreciates the commenter's concerns; however, the
final rule maintains the requirement for Express Mail with hold for
pickup for the business/regulatory purposes,
[[Page 29666]]
certain individuals, consumer testing, and public health exceptions
because such a measure will enable the Postal Service to focus its
resources on implementing the PACT Act's unique delivery requirements,
which have no precedent in postal operations. This, in turn, will
enable the Postal Service to tailor the training it must give to
personnel involved in the delivery of packages, which in turn will
provide better controls to prevent tobacco from reaching minors.
Nevertheless, the Postal Service's management is in the process of
examining whether its services should be changed to align better with
the PACT Act's requirements. The PACT Act's short timeframe for
implementation does not permit the Postal Service to develop more
creative product solutions that may serve the commenter's needs at this
early stage.
The commenter also raised several questions about the application
process. Specifically, the commenter queried whether a form will be
created and submitted. At this time, the final rule speaks of an
application letter. Between the final rule's publication in the Federal
Register and its effective date or some time thereafter, however, the
Postal Service may decide to develop a form for use in the application
process. The Postal Service will update its DMM regulations should a
form be instituted in lieu of an application letter.
The commenter also questioned the application process, and
suggested that rules regarding updates to applications be clarified. As
noted above, the PACT Act charges the Postal Service with verifying the
eligibility of a customer using the business/regulatory purposes,
consumer testing, and public health exceptions. Consequently, the final
rule requires that a mailer maintain the accuracy of all information in
its application. Additionally, with respect to the business/regulatory
purposes exception, the Postal Service is explicitly charged with
responsibility of verifying the eligibility of the addressees to which
business/regulatory mailings are sent. For this reason, a mailer cannot
mail to an addressee until the eligibility of that addressee is
verified, which implies that the applicant must await the issuance of
an updated eligibility letter listing the addressee as an eligible
recipient of a business/regulatory mailing.
The commenter also questioned the use of eligibility numbers issued
by the Pricing and Classification Service Center (PCSC). The point of
the eligibility number is simply to facilitate the organization of
Return Receipts sent to the PCSC for shipments under the business/
regulatory purposes, consumer testing, and public health exceptions.
For clarity, the final rule indicates that each authorization letter
under those exceptions will be assigned its own unique number. In
addition, the final rule is clarified to state that the eligibility
number must appear in the return address of the return receipt, and
mailings must be returned to sender if the mailer's eligibility number
is missing in the address block of the return receipt.
The commenter questioned the requirement that the applicant must
reapply if no mailings take place every six months. The goal of this
objective is to prevent eligible mailers from allowing information in
their applications to become stale. The Postal Service nevertheless
understands the potential paperwork burden on applicants and has
determined to change this requirement from six months to three years.
The Postal Service believes that that time frame is adequate to address
the commenter's concerns while continuing to meet the Postal Service's
administrative needs.
Finally, the commenter questioned whether the final rule will
include regulations governing all exceptions, and if not, then whether
any shipments may be tendered under the various exceptions. The PACT
Act nonmailability rules and intra-Alaska/intra-Hawaii exception become
effective on June 29, 2010, which is 90 days after the enactment of the
PACT Act. Although the PACT Act grants the Postal Service up to 180
days (or through September 27, 2010) to implement rules to implement
the business/regulatory purposes, certain individuals, consumer
testing, and public health exceptions, the Postal Service has
undertaken to unify its rulemaking into a single, final rule. The
Postal Service does not have the discretion to postpone the
effectiveness of the start date of the nonmailability prohibitions, and
postponement of the final rule would have no effect insofar as the
criminal and civil penalties of the PACT Act are concerned. Finally,
the commenter suggested that the final rule be delayed until all of its
concerns are addressed. Because delay in issuance of the final rule
would imply that no mailer could send cigarettes or smokeless tobacco
under any of the exceptions (excluding the noncontiguous states
exception), the commenter's suggestion is not adopted.
A commenter noted that the proposed rule does not expressly provide
that pipe tobacco is mailable. The PACT Act restricts the mailability
of items that the Postal Service has reasonable cause under the PACT
Act to believe contain cigarettes or smokeless tobacco, as those terms
are defined in Section 1 of the Jenkins Act of 1949 (15 U.S.C. 375(2),
(12) (as amended)). If a product falls outside of the PACT Act's
definitions for cigarettes or smokeless tobacco, then the product is
not subject to the PACT Act's restrictions, except where it happens to
fall within the scope of the PACT Act's reasonable cause standard. The
fact that the PACT Act explicitly acknowledges the mailability of
cigars, but not pipe tobacco or other extraneous tobacco products, does
not suggest the nonmailability of those other tobacco products.
The commenter went on to state that cigars and pipe tobacco must be
mailable in all cases, citing Section 8 of the PACT Act. Section 8
expresses the sense of Congress that states should still be able to tax
the remote sales of tobacco products. Section 8 of the PACT Act is not
an affirmative statement of mailability. More significant than this
statement of general intent is the PACT Act's operative provision,
codified at 18 U.S.C. 1716E(a)(1), that the Postal Service ``shall not
accept for delivery or transmit through the mails any package that it *
* * has reasonable cause to believe contains [nonmailable] cigarettes
or smokeless tobacco.'' Thus, Congress generally directed that a
package be refused if the Postal Service has reasonable cause to
believe it contains nonmailable cigarettes or smokeless tobacco. To the
extent that Section 8 has any bearing on the instant rulemaking, it
does not pose a conflict: States remain generally empowered to impose
and collect taxes on tobacco products to the extent that those products
can legally be sent through the mail or otherwise.
The commenter further requested guidelines as to the burden of
proof for a mailer to contest an initial finding of nonmailability. The
amount and type of evidence required to overcome reasonable cause would
depend on the facts of a particular case.
Finally, the commenter expressed concern that, to the extent the
proposed rule's ``reasonable cause'' standard relies on the presence of
an entity on the Attorney General's List of Unregistered or
Noncompliant Delivery Sellers, the standard could bar all shipments
from such entities, including shipments that do not contain cigarettes
or smokeless tobacco. In the commenter's opinion, this exceeds the PACT
Act's restrictions and the Postal Service's authority. The Postal
Service disagrees. The PACT Act itself, and not merely the Postal
Service's proposed rule, defines ``reasonable cause'' as including the
[[Page 29667]]
presence of an entity on the Attorney General's List of Unregistered or
Noncompliant Delivery Sellers, regardless of the package's actual
contents. 18 U.S.C. 1716E(a)(2)(B). Furthermore, the commenter's
attempt to distinguish between ``delivery sellers'' and sellers of
other tobacco is unavailing, as the Attorney General's List of
Unregistered or Noncompliant Delivery Sellers pertains to delivery
sellers of cigarettes and smokeless tobacco, and not remote sellers of
other tobacco products. See 15 U.S.C. 375(5)-(6), 376A(e)(1)(A) (as
amended).
Explanation of Changes From Proposed Rule
The final rule includes several additional changes and corrections.
The first pertains to section 503 and 608 of the DMM, which includes
standards for return receipt service. As explained in the proposed
rule, the Postal Service's administration of the PACT Act exceptions
results in a requirement under certain exceptions that customers use
return receipts and make them returnable to the Pricing &
Classification Service Center (PCSC). Because return receipts are
typically made returnable to the sender, the final rule includes a
revision to DMM 503 and 608 that implements this procedure.
Another change pertains to mail destined to APO/FPO/DPO
destinations under the ``certain individuals'' exception. Changes to
DMM sections 601.11.3 and 601.11.6.2 clarify that mailings of
cigarettes and smokeless tobacco are permitted to these destinations
only if not otherwise restricted according to the requirements of the
host country. Mailings from or between APO/FPO/DPO destinations are not
eligible, however, because Hold for Pickup labels are not offered at
these destinations for delivery in the United States.
The final rule is clarified to ensure that proper controls are
applied to shipments under certain exceptions. In particular, the final
rule is modified to require face-to-face transactions (excluding
Carrier Pickup and Pickup on Demand arrangements). The final rule is
also clarified to the effect that Carrier Pickup and Pickup on Demand
services are not available for permissible shipments of cigarettes and
smokeless tobacco. These changes are reflected in DMM sections
601.11.4, 601.11.5.2, 601.11.6.1, and 601.11.7.2.
Nonsubstantive changes were made in the arrangement of the text in
DMM section 601.11.2, so that standards related to the reasonable cause
standard appear in sequence.
The updating requirements for applicants under the business/
regulatory and consumer testing exceptions are clarified to apply to
all information furnished on the customer's application for as long as
the mailer continues to mail under either exception. This results in a
reorganization of some text in DMM section 601.11.5.1 and the addition
of text in DMM section 601.11.7.1a.
Language has been added to DMM section 601.11.6 to clarify that the
certain individuals exception is only available for noncommercial
shipments, and that senders must not receive direct or indirect
compensation of any kind in connection with the contents being mailed.
The verbiage for markings used for each exception, as listed in DMM
sections 601.11.5.2c, 601.11.6.3b, and 601.11.7.2b3, has been changed
from ``PERMITTED TOBACCO PRODUCT'' to ``PERMITTED TOBACCO MAILING.''
Further, the marking and text of the delivery procedures for shipments
under the business/regulatory purposes exception in DMM section
601.11.5 were clarified to exclude delivery to the addressee's agents,
as the PACT Act only permits employees of the addressee to retrieve
such shipments. 18 U.S.C. 1716E(b)(3)(B)(ii)(VII).
As explained above, the restriction on the number of mailings to a
tester from any one manufacturer under the consumer testing exception
in DMM section 601.11.7.2d was revised to conform to the PACT Act.
For clarity, the final rule indicates that each authorization
letter under the business/regulatory purposes, consumer testing, and
public health exceptions will be assigned its own unique eligibility
number, as noted in DMM sections 601.11.5.1c and 601.11.7.1e. Further,
the final rule is clarified to state that the eligibility number must
appear in the return address of the return receipt, and mailings must
be returned to sender if the mailer's eligibility number is missing in
the address block of the return receipt. Otherwise, the Postal Service
cannot fulfill its responsibility to maintain records of the mailing
because it cannot tie the return receipt to the eligible mailer's
identity. In addition, the final rule refers to the ``PACT MAILING
OFFICE'' in lieu of the ``TOBACCO MAILING UNIT'' and provides specific
addressing in DMM section 608.4.1.
The period for lapse in authorization and the requirement for re-
application for eligibility under the business/regulatory purposes,
consumer testing, and public health exceptions has been changed from
six months to three years. This change is reflected in DMM sections
601.11.5.1h and 601.7.1f.
Finally, the final rule clarifies that the required marking for
each exception is to be placed directly above, directly below, or to
the left of the postage on the address side of the exterior of the
mailpiece. This measure ensures that postal personnel will be able to
identify the piece quickly as one falling within the eligible
exceptions.
The Postal Service hereby adopts the following changes to the
Mailing Standards for the United States Postal Service, Domestic Mail
Manual (DMM), which is 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 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
* * * * *
6.0 Return Receipt
* * * * *
6.3 Obtaining Service
* * * * *
[Add two new sentences to the end of the introductory paragraph of
item 3.1 as follows:]
3.1 At Time of Mailing
* * * An exception is made for certain restricted mailings of
cigarettes and smokeless tobacco. When required by 601.11.5.2,
608.11.7.2, or 608.11.8, a mailer must address the sender's address
block to the Pricing and Classification Service Center (PCSC) PACT,
Mailing Office (see 608.4.1 for address)
* * * * *
[[Page 29668]]
600 Basic Standards for All Mailing Services
601 Mailability
* * * * *
[Renumber current 601.11 and 12 as new 601.12 and 601.13, and add
new 601.11 as follows:]
11. 0 Cigarettes and Smokeless Tobacco
11.1 Definitions
For this standard, we define terms as follows:
a. Cigarette: Any roll of tobacco wrapped in paper or in any
substance not containing tobacco and any roll of tobacco wrapped in any
substance containing tobacco which, because of its appearance, the type
of tobacco used in the filler, or its packaging and labeling, is likely
to be offered to, or purchased by, consumers as a cigarette. The term
cigarette includes roll-your-own-tobacco and excludes cigars.
b. Smokeless tobacco: Any finely cut, ground, powdered, or leaf
tobacco that is intended to be placed in the oral or nasal cavity or
otherwise consumed without being combusted.
c. Cigar: Any roll of tobacco wrapped in leaf tobacco or in any
substance containing tobacco, unless, because of its appearance, the
type of tobacco used in the filler, or its packaging and labeling, the
product is likely to be offered to, or purchased by, consumers as a
cigarette.
d. Roll-your-own tobacco: Any tobacco which, because of its
appearance, type, packaging, or labeling, is suitable for use and
likely to be offered to, or purchased by, consumers as tobacco for
making cigarettes or cigars, or for use as wrappers thereof.
e. Consumer testing: Testing limited to formal data collection and
analysis for the specific purpose of evaluating the product for quality
assurance and benchmarking purposes of cigarette brands or sub-brands
among existing adult smokers.
f. State: Any of the 50 states of the United States, the District
of Columbia, and any commonwealth, territory, or possession of the
United States.
11.2 Nonmailability
Except as provided in 601.11.3, all cigarettes (including roll-
your-own tobacco) and smokeless tobacco are nonmailable and shall not
be deposited in or carried through the Postal Service mailstream.
Nonmailable cigarettes and smokeless tobacco deposited in the mail are
subject to seizure and forfeiture. Any nonmailable cigarettes and
smokeless tobacco products seized and forfeited shall be destroyed or
retained by the Federal government for the detection or prosecution of
crimes or related investigations and then destroyed. Senders of
nonmailable cigarettes and smokeless tobacco may be subject to seizure
and forfeiture of assets, criminal fines, imprisonment, and civil
penalties. The Postal Service will not accept for delivery or transmit
any package that it knows, or has reasonable cause to believe, contains
nonmailable cigarettes or smokeless tobacco. If the Postal Service
reasonably suspects that a mailer is tendering nonmailable cigarettes
or smokeless tobacco, then the mailer bears the burden of proof in
establishing eligibility to mail. The Postal Service has reasonable
cause not to accept for delivery or transmit a package based on:
a. A statement on a publicly available Web site, or an
advertisement, by any person that the person will mail matter which is
nonmailable under this section in return for payment; or
b. The fact that the mailer or other person on whose behalf a
mailing is being made is on the U.S. Attorney General's List of
Unregistered or Noncompliant Delivery Sellers.
11.3 Mailability Exceptions
Cigarettes and smokeless tobacco are mailable if one of the
conditions in 11.4 through 11.8 is met. These exceptions only apply to
domestic mail under 608.2.1, including mail sent from the United States
to Army Post Office (APO), Fleet Post Office (FPO), and Diplomatic Post
Office (DPO) addresses to which tobacco is not restricted (see
703.2.3.1), with the exception that delivery procedures for overseas
military mail under the certain individuals exception in 11.6 may vary
as practicable. These exceptions do not apply to the following:
a. Mail treated as domestic under 608.2.2;
b. International mail as defined in 608.2.3; or
c. Mail presented at APO, FPO, or DPO installations and destined to
addresses in the United States or other APO, FPO, or DPO addresses.
11.4 Mailing Within Noncontiguous States
Applicable mailings may not be tendered through Pickup on Demand or
Carrier Pickup services. Intra-Alaskan and intra-Hawaiian shipments of
cigarettes or smokeless tobacco are mailable, provided that such
mailings:
a. Are presented in a face-to-face transaction with a postal
employee within the State;
b. Destinate in the same state of origin;
c. Bear a valid complete return address that is within the State of
origin; and
d. Are marked with the following exterior marking on the address
side of the mailpiece: ``INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS
TOBACCO.''
11.5 Exception for Business/Regulatory Purposes
Eligibility to mail and to receive mail under the business/
regulatory purposes exception is limited to Federal and State
government agencies and legally operating businesses that have all
applicable State and Federal government licenses or permits and are
engaged in tobacco product manufacturing, distribution, wholesale,
export, import, testing, investigation, or research under the
conditions in 11.5.1 to 11.5.3.
11.5.1 Application
Each customer seeking to mail cigarettes or smokeless tobacco under
the business/regulatory purposes exception must complete an application
letter requesting to mail under the business/regulatory purposes
exception.
a. The applicant must furnish:
1. Information about its legal status, any applicable licenses, and
authority under which it operates;
2. Information about the legal status, any applicable licenses, and
operational authority for all entities to which the applicant's
mailings under this exception will be addressed; and
3. All locations where mail containing cigarettes and smokeless
tobacco will be presented.
b. The applicant must establish its and its recipients' eligibility
as legally operating businesses that have all applicable state and
Federal government licenses or permits and are engaged in tobacco
product manufacturing, distribution, wholesale, export, import,
testing, investigation, or research; or, in the case of mailings for
regulatory purposes, as a Federal or State agency. Only those shipments
containing otherwise nonmailable tobacco addressed to recipients on the
customer's list of designated recipients are eligible for the business/
regulatory purposes exception.
c. Applications must be mailed to the manager, Pricing &
Classification Service Center (PCSC), see 608.8.4.1 for address. The
manager, PCSC, issues the initial agency decision of a determination of
eligibility to mail under the business/regulatory purposes exception. A
number is assigned to each letter of eligibility.
d. The applicant must timely update the information in its
application as
[[Page 29669]]
necessary prior to conducting any mailing for as long as it continues
to mail under the business/regulatory exception.
e. Customers whose applications or amendments to existing
applications are denied in whole or in part may appeal to the manager,
Mailing Standards (see 608.8.0).
f. Eligibility to mail under the business/regulatory purposes
exception may be revoked by the manager, PCSC, in the event of failure
to comply with any applicable rules and regulations. A customer may
appeal an adverse initial decision to the manager, Mailing Standards
(see 608.8.0). Decisions by the manager, Mailing Standards, to uphold
the denial of an application or to revoke a customer's eligibility
under the business/regulatory purposes exception may be appealed to the
Judicial Officer under 39 CFR Part 953.
g. Upon written request by a state or Federal agency, the Manager,
PCSC, may, in his or her discretion, waive certain application
requirements for mailings entered by the requesting state or Federal
agency for regulatory purposes.
h. Any determination of eligibility to mail under this exception
shall lapse if the authorized mailer does not tender any mail under
this exception within any three-year period. After that time, the
affected mailer must apply for and receive new authorization for any
mailings under this exception.
11.5.2 Mailing
Customers eligible to mail under the business/regulatory purposes
exception may enter mailings of cigarettes and smokeless tobacco only
at the locations specified in the customer's application. Applicable
mailings may not be tendered through Pickup on Demand or Carrier Pickup
services. Before mailing any shipment under this exception, the mailer
must present proof that the PCSC has authorized the mailer to mail such
shipments at that location. All mailings under the business/regulatory
purposes exception must:
a. Be entered in a face-to-face transaction with a postal employee
as Express Mail with Hold for Pickup service (waiver of signature and
pickup services not permitted);
b. Be accompanied by a request for PS Form 3811 return receipt,
which must bear the sender's PACT eligibility number issued by the PCSC
in the return address block as well as the addressee's full name and
address, and be made returnable to the PCSC, PACT Mailing Office (see
608.4.1 for address);
c. Bear the marking ``PERMITTED TOBACCO MAILING--DELIVER ONLY TO
ADDRESSED BUSINESS/AGENCY--RECIPIENT MUST FURNISH PROOF OF AGE AND
EMPLOYMENT'' on the address side of the mailpiece (place the marking
directly above, below, or to the left of the postage);
d. Bear the business or government agency name and full mailing
addresses of both the sender and recipient, both of which must match
exactly those listed on the customer's application on file with the
Postal Service.
11.5.3 Delivery
Mailings bearing the marking for business/regulatory purposes can
only be delivered to a verified employee of the addressee business or
government agency. The recipient must show proof that he or she is an
employee of the business or government identified as the addressee on
the mailing label under the following conditions:
a. The recipient must be an adult of at least the minimum age for
the legal sale or purchase of tobacco products at the place of
delivery. The recipient must furnish proof of age via a driver's
license, passport, or other government-issued photo identification that
lists age or date of birth.
b. Once age and the recipient's identity as an employee of the
addressee are established, the recipient must sign PS Form 3849 and PS
Form 3811 in the appropriate signature blocks. If mailer's eligibility
number is missing in the return address block of the PS Form 3811, the
mailing must be returned to sender.
11.6 Exception for Certain Individuals
The exception for certain individuals permits the mailing of small
quantities of cigarettes or smokeless tobacco by individual adults to
businesses or to other adults. Such shipments may include, but are not
limited to, cigarettes and smokeless tobacco exchanged as gifts between
individual adults and a damaged or unacceptable tobacco product
returned by a consumer to the manufacturer. For purposes of this rule,
``gifts'' do not include products purchased by one individual for
another from a third-party vendor through a mail-order transaction, or
the inclusion of cigarettes or smokeless tobacco at no additional
charge with other matter pursuant to a commercial transaction.
Eligibility to mail under the certain individuals exception may be
revoked by the manager, PCSC, in the event of failure to comply with
any applicable rules and regulations. A customer may appeal an adverse
initial decision to the manager, Mailing Standards (see 608.8.0). The
mailer bears the burden of proof in establishing eligibility in the
event of revocation. Decisions by the manager, Mailing Standards, to
revoke a customer's eligibility under this exception may be appealed to
the Judicial Officer under 39 CFR Part 953. Mailings under this
exception must be made under the conditions in 11.6.1 through 11.6.3.
11.6.1 Entry and Acceptance
Mailings under the certain individuals exception must be entered
under the following conditions:
a. Cigarettes or smokeless tobacco may only be mailed via a face-
to-face transaction with a postal employee. Applicable mailings may not
be tendered through Pickup on Demand or Carrier Pickup services.
b. Cigarettes or smokeless tobacco may only be entered by an adult
of at least the minimum age for the legal sale or purchase of tobacco
products at the place of entry.
c. The individual presenting the mailing must furnish government-
issued photo identification that lists age or date of birth, such as a
driver's license or passport, at the time of the mailing. The name on
the identification must match the name of the sender appearing in the
return address block of the mailpiece.
d. For mailings addressed to an individual, at the time the mailing
is presented, the customer must orally confirm that the addressee is an
adult of at least the minimum age for the legal sale or purchase of
tobacco products at the place of delivery.
11.6.2 Mailing
No customer may send or cause to be sent more than 10 mailings
under this exception in any 30-day period. Each mailing under the
certain individuals exception must:
a. Be entered as Express Mail; (waiver of signature and pickup
services not permitted);
b. Bear the marking ``PERMITTED TOBACCO MAILING--DELIVER ONLY TO
AGE-VERIFIED ADULT OF LEGAL AGE'' on the address side of the exterior
of the mailpiece (place the marking directly above, below, or to the
left of the postage);
c. Bear the full name and mailing address of the sender and
recipient on the Express Mail label;
d. Weigh no more than 10 ounces;
e. Not be sent to APO/FPO/DPO addresses to which the mailing of
tobacco is restricted (see 703.2.3.1);
f. With the exception of shipments from civilian locations to APO/
FPO/DPO addresses, request delivery through Hold for Pickup service;
and
g. Not be entered at an APO/FPO/DPO installation.
[[Page 29670]]
11.6.3 Delivery
Delivery under the certain individuals exception is made under the
following conditions:
a. The recipient signing for the Express Mail article must be an
adult of at least the minimum age for the legal sale or purchase of
tobacco products at the place of delivery.
b. The recipient must furnish proof of age via a driver's license,
passport, or other government-issued photo identification that lists
age or date of birth.
c. Once age is established, the recipient must sign PS Form 3849 in
the appropriate signature block.
11.7 Consumer Testing Exception
The exception for consumer testing permits a legally operating
cigarette manufacturer or a legally authorized agent of a legally
operating cigarette manufacturer to mail cigarettes to verified adult
smokers solely for consumer testing purposes. The manufacturer for
which mailings are entered under this exception must have a permit, in
good standing, issued under 26 U.S.C. 5713. The consumer testing
exception applies only to cigarettes and not smokeless tobacco. Items
must be mailed under conditions in 11.7.1 through 11.7.3.
11.7.1 Application
Each customer seeking to mail cigarettes under the consumer testing
exception must submit an application letter to mail under consumer
testing exception. In support of its application, the following must be
met:
a. The applicant must furnish information to establish that the
customer, or the customer's principal if the customer is a
manufacturer's agent, is a cigarette manufacturer in good standing
under 26 U.S.C. 5713; if the customer is an agent of a manufacturer,
complete details about the agency relationship with the manufacturer;
and all locations where mail containing cigarettes for consumer testing
will be presented. The applicant must timely update all information in
its application as necessary prior to conducting any mailing for as
long as it continues to mail under the consumer testing exception.
b. As part of its application, the applicant must certify in
writing that it will comply with the following requirements:
1. any recipient of consumer testing samples of cigarettes is an
adult established smoker;
2. no recipient has made any payment for the cigarettes;
3. every recipient will sign a statement indicating that the
recipient wishes to receive the mailings;
4. the manufacturer or the legally authorized agent of the
manufacturer will offer the opportunity for any recipient to withdraw
the recipient's written statement at least once in every three-month
period;
5. any package mailed under this exception will contain not more
than 12 packs of cigarettes (maximum of 240 cigarettes) on which all
taxes levied on the cigarettes by the state and locality of delivery
have been paid and all related state tax stamps or other tax-payment
indicia have been applied; and
6. the manufacturer will maintain records establishing compliance
with these obligations for a three-year period from the date of each
mailing.
c. The application must be submitted to the manager, Pricing &
Classification Service Center (PCSC) (see 608.8.4.1 for address).
d. The applicant must provide any requested copies of records
establishing compliance to the manager, PCSC, and/or the manager,
Mailing Standards (see 608.8.0), upon request no later than 10 business
days after the date of the request.
e. The manager, PCSC, issues the initial agency decision of a
determination of eligibility to mail under the consumer testing
exception. A number is assigned to each letter of eligibility.
Customers whose applications are denied in whole or in part may appeal
to the manager, Mailing Standards. Eligibility to mail under the
consumer testing exception may be revoked by the manager, PCSC, in the
event of failure to comply with any applicable rules and regulations.
Decisions by the manager, Mailing Standards, to uphold the denial of an
application or to revoke a customer's eligibility under the consumer
testing exception may be appealed to the Judicial Officer under 39 CFR
Part 953.
f. Any determination of eligibility to mail under this exception
shall lapse if the authorized mailer does not tender any mail under
this exception within any three-year period. After that time, the
affected mailer must apply for and receive new authorization for any
further mailings under this exception.
11.7.2 Mailing
Customers eligible to mail under the consumer testing exception may
enter mailings of cigarettes only at the locations specified in the
customer's application. Applicable mailings may not be tendered through
Pickup on Demand or Carrier Pickup services. Mailings must be tendered
under the following conditions:
a. Before tendering any shipment under this exception, the mailer
must present proof (PCSC Eligibility letter) that the PCSC has
authorized the mailer to tender such shipments at that location.
b. All mailings under the consumer testing exception:
1. must be entered in face-to-face transactions with postal
employees as Express Mail with Hold for Pickup service requested
(waiver of signature and pickup services not permitted);
2. be accompanied by a request for PS Form 3811 return receipt,
which must bear the sender's PACT eligibility number issued by the PCSC
in the return address block, as well as the addressee's full name and
address, and be made returnable to PCSC, PACT Mailing Office (see
608.4.1 for address)
3. must bear the marking ``PERMITTED TOBACCO MAILING--DELIVER ONLY
TO ADDRESSEE UPON AGE VERIFICATION--AGE 21 OR ABOVE'' on the address
side of the mailpiece (place the marking directly above, below, or to
the left of the postage);
4. must bear the full mailing addresses of both the sender and
recipient on the Express Mail label (the name and address of the sender
must match exactly those listed on the customer's application on file
with the PCSC);
5. are limited in tobacco contents to no more than 12 packs of
cigarettes (maximum 240 cigarettes) on which all taxes levied on the
cigarettes by the destination State and locality have been paid and all
related state tax stamps or other tax-payment indicia have been
applied;
6. may not be addressed to an addressee located in a state that
prohibits the delivery or shipment of cigarettes to individuals in the
destination State;
7. may be sent only to an addressee who has not made any payment
for the cigarettes, is being paid a fee for participation in consumer
tests, and has agreed to evaluate the cigarettes and furnish feedback
to the manufacturer in connection with the consumer test.
c. Customers must maintain records to establish compliance with the
requirements in 11.7 for a three year period.
d. Mailing frequency may not exceed more than one package from any
one manufacturer to an adult smoker during any 30-day period.
e. Nothing in these rules shall preempt, limit, or otherwise affect
any related State laws.
[[Page 29671]]
11.7.3 Delivery
Mailings bearing the marking for consumer testing can only be
delivered to the named addressee under the following conditions:
a. The recipient signing for the Express Mail Hold for Pickup
service article must be an adult of at least 21 years of age.
b. The recipient must furnish proof of age through production of a
driver's license, passport, or other government-issued photo
identification that lists age or date of birth.
c. The name on the identification must match the name of the
addressee on the Express Mail label.
d. Once age is established, the recipient must sign the PS Form
3849 and PS Form 3811 in the appropriate signature blocks. If mailer's
eligibility number is missing in the return address block of the PS
Form 3811 return receipt, the mailing must be returned to sender.
11.8 Public Health Exception
Federal government agencies involved in the consumer testing of
tobacco products solely for public health purposes may mail cigarettes
under the mailing standards of 11.7, except as provided herein. The
Federal agency shall not be subject to the requirement that the
recipient be paid a fee for participation in consumer tests. Upon
written request, the manager, PCSC, may, in his or her discretion,
waive certain of the application requirements.
* * * * *
608 Postal Information and Resources
* * * * *
8.0 USPS Contact Information
* * * * *
8.4. PCSC and District Business Mail Entry Offices Contact Information
[Add second listing to the PCSC under the current listing as
follows:]
4.1 Pricing and Classification Service Center (PCSC)
For return receipts mailed under the provisions in 601.11.5,
601.11.7, and 601.11.8, use the following address:
PCSC, PACT MAILING OFFICE, USPS ELIGIBILITY NO. XX-00-0000, 90
Church Street Suite 3100, New York, NY 10007-2951
* * * * *
We will publish an amendment to 39 CFR part 111 to reflect these
changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-12869 Filed 5-25-10; 11:15 am]
BILLING CODE 7710-12-P