[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Proposed Rules]
[Pages 7587-7588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2817]


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POSTAL SERVICE

39 CFR Part 111


Revised Standards for Mailing Adult Fowl

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes new requirements for containers 
used for mailing adult chickens. Currently, we require all mailable 
adult fowl other than chickens to be mailed in containers approved by 
the manager of Mailing Standards. With this proposal, we intend to 
require adult chickens to be mailed in approved containers also.

DATES: We must receive your comments on or before March 19, 2007.

ADDRESSES: Mail or deliver written comments to the Manager, Mailing 
Standards, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 3436, 
Washington, DC 20260-3436. You may inspect and photocopy all written 
comments at Postal Service Headquarters Library, 475 L'Enfant Plaza 
SW., 11th Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Bert Olsen, 202-268-7276.

SUPPLEMENTARY INFORMATION: To promote the safety of Postal Service 
employees, customers, and all mailed adult fowl, we propose to revise 
our requirements for containers used for mailing adult chickens. 
Current mailing standards permit adult chickens to be mailed in 
containers that pass basic package performance tests. By contrast, 
other adult fowl (such as turkeys, guinea fowl, doves, pigeons, 
pheasants, partridges, and quail) must be mailed in containers approved 
by the manager of Mailing Standards. The container standards for other 
adult fowl are more stringent than the standards for adult chickens. 
Because there is no compelling reason to treat adult chickens 
differently from other adult fowl, the revised standards will require 
adult chickens to be mailed in the same containers approved by Mailing 
Standards for use with other adult fowl.
    Vendors who wish to submit a container for USPS approval can 
contact the office of Mailing Standards for a list of container 
criteria. Additionally, the term ``biologically secure'' has been 
replaced by the word ``secure'' to eliminate any implication that such 
packaging will completely prevent the spread of disease during 
handling.
    Although we are exempt from the notice and comment requirements of 
the Administrative Procedure Act [5 U.S.C. of 553(b), (c)] regarding 
proposed rulemaking by 39 U.S.C. 410(a), we invite public comment 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); 39 U.S.C. 101, 401, 403, 404, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

    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 Perishables

* * * * *

9.3 Live Animals

* * * * *
9.3.4 Adult Fowl
    [Revise 9.3.4 as follows:]
    Disease-free adult fowl are mailable domestically when shipped 
under

[[Page 7588]]

applicable law in accordance with 601.1.7. Adult chickens, turkeys, 
guinea fowl, doves, pigeons, pheasants, partridges, and quail as well 
as ducks, geese, and swans are mailable as follows:
    a. The mailer must send adult fowl by Express Mail in secure 
containers approved by the manager of Mailing Standards (see 608.8.0 
for address).
    b. The number of birds per parcel must follow the container 
manufacturer limits and each bird must weigh more than 6 ounces.
    c. Indemnity may be paid only for loss, damage, or rifling, and not 
for death of the birds in transit if there is no visible damage to the 
mailing container.
    [Delete 9.3.5, Adult Chickens, and renumber 9.3.6 through 9.3.13 as 
new 9.3.5 through 9.3.12.]
* * * * *
    We will publish an appropriate amendment to 39 CFR Part 111 to 
reflect these changes if our proposal is adopted.

Neva R. Watson,
Attorney, Legislative.
 [FR Doc. E7-2817 Filed 2-15-07; 8:45 am]
BILLING CODE 7710-12-P