[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]



39 CFR Part 111

Nonmailable Written, Printed, and Graphic Matter

AGENCY: Postal Service.

ACTION: Final rule.


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 
    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 
    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 
    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.


    1. The authority citation for 39 CFR part 111 continues to read as 

    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:


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 

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]