[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Rules and Regulations]
[Page 75863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30810]
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POSTAL SERVICE
39 CFR Part 111
Nonmailable Written, Printed, and Graphic Matter
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: This final rule amends Part C030 of the Domestic Mail Manual
(DMM) to provide for changes to the standards concerning written,
printed, and graphic matter as a result of a recent Department of
Justice opinion concerning lottery material.
EFFECTIVE DATE: December 14, 2000.
FOR FURTHER INFORMATION CONTACT: Jerome M. Lease (703) 292-4184.
SUPPLEMENTARY INFORMATION: As the result of an inquiry from the Postal
Service, the Department of Justice has issued an opinion stating that
the statute prohibiting the mailing of truthful advertising concerning
lawful gambling activity, whether state-run or private, is no longer
enforceable. The Attorney General has notified Congress that it will no
longer enforce the criminal lottery statute (18 U.S.C. Section 1302)
against gambling advertisement mailers, so long as the activity
advertised is legal and the mailing does not provide any entry
materials.
The Attorney General's opinion is based upon a decision of the
Supreme Court issued in June 1999, which struck down similar
prohibitions against truthful broadcast advertising for lawful gambling
activity.
Accordingly, the Domestic Mail Manual (DMM) is revised to conform
to the Attorney General's new guidance. The changes mean that:
1. Mailers may now mail advertisements for casinos and state-run or
private lotteries (so long as that lottery is legal).
2. Newspapers and other publications that are mailed may run
advertisements for lawful gambling activity without risking their
authorizations to mail at periodicals rates.
3. The Postal Service may actively solicit advertising mail from
licensed casinos and others lawfully conducting gambling activity.
The following prohibitions will still apply:
1. No mailing is acceptable if it provides entry materials or
instrumentalities (lottery or raffle tickets, for instance) through the
mail.
2. Mailing gambling proceeds, instrumentalities, or other means of
participation continue to violate the criminal statute.
The changes announced in this document are effective on December
14, 2000, and also will be published in Postal Bulletin 22039 (12-14-
00). These revisions to the DMM will be included in the printed version
of DMM Issue 56, scheduled for January 2001 (pending a decision about
the R2000-1 omnibus rate case). These amendments are being published
without provision for public comment because the changes are required
by law.
For the reasons discussed above, the Postal Service hereby adopts
the following amendments to the Domestic Mail Manual (DMM) which is
incorporated by reference in the Code of Federal Regulations (see 39
CFR part 111).
List of Subjects in 39 CFR Part 111
Postal Service.
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, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. Revise part C030 of the DMM to include the following revisions:
C CHARACTERISTICS AND CONTENT
C000 General Information
* * * * *
C030 Nonmailable Written, Printed, and Graphic Matter
* * * * *
C031 Written, Printed, and Graphic Matter Generally
* * * * *
3.0 LOTTERY MATTER (18 USC 1302)
* * * * *
[Revise 3.2 to read as follows:]
3.2 Unlawful Mail Matter
Unlawful matter includes any letter, newspaper, periodical, parcel,
stamped card or postcard, circular, or other matter permitting or
facilitating participation in a lottery; any lottery ticket or part
thereof or substitute; and any form of payment for a lottery ticket or
share.
3.3 Fishing Contests, Indian Gaming Regulatory Act, Lotteries
[Remove item b. Redesignate items c and d as b and c, respectively.
Revise newly redesignated item c to read as follows:]
* * * * *
c. An advertisement, list of prizes, or other information on a
lottery not prohibited by the state where it is conducted.
* * * * *
An appropriate amendment to 39 CFR part 111 to reflect these
changes will be published.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-30810 Filed 12-4-00; 8:45 am]
BILLING CODE 7710-12-U