[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Proposed Rules]
[Pages 17128-17129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8531]


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POSTAL SERVICE

39 CFR Part 111


Express Mail Refunds for Shipments of Live Animals

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes to revise its refund guarantees 
for Express Mail[supreg] shipments of live animals in an effort to 
maintain the economic viability of shipping animals as a service.

DATES: Submit comments on or before May 14, 2009.

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 USPS Headquarters Library, 475 L'Enfant Plaza, SW., 11th 
Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday through 
Friday. E-mail comments, containing the name and address of the 
commenter, may be sent to [email protected], with a subject 
line of ``Express Mail Refunds for Shipments of Lives Comments.'' Faxed 
comments will not be accepted.

FOR FURTHER INFORMATION CONTACT: Joel Rosen, 202-268-4329 or Monica 
Grein, 202-268-8411.

SUPPLEMENTARY INFORMATION: The Postal Service proposes to revise the 
Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM[supreg]) by changing the refund guarantees for Express Mail 
shipments of live animals delivered within 3 days of the date of 
mailing. In some instances, the Postal Service must reroute Express 
Mail shipments of live animals to alternative flights or routes in 
order to protect the well-being of the live animals. This is 
particularly necessary if other shipments on the same flight contain 
dry ice or solid carbon dioxide, which will evaporate en route and may 
displace oxygen. If live animals were shipped in the same cargo hold, 
the carbon dioxide could cause asphyxiation. The use of alternative 
flights and rerouting to protect the well-being of the live animals can 
delay shipments. Therefore, even though the live animals arrive as 
promptly as possible and in good health, these shipments may not meet 
normal Express Mail service guarantees. In those instances, some 
mailers then apply for full postage refunds.
    Currently, postage refunds for Express Mail shipments of live 
animals are granted based on the next day or second day delivery 
guarantee provided at the time of mailing. This current postage refund 
policy does not account for the flight changes that may occur to 
protect the well-being of the animals. Therefore, the Postal Service is 
proposing that

[[Page 17129]]

Express Mail shipments containing live animals be exempt from the next 
day or second day delivery guarantee and that the delivery commitment 
for Express Mail of live animals be extended to within 3 days of the 
date of mailing. Postage refund requests for Express Mail shipments of 
live animals delivered after 3 days of the date of mailing would still 
be granted.
    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 invites 
comments on the following proposed revision of the Mailing Standards of 
the United States Postal Service, Domestic Mail Manual, incorporated by 
reference in the Code of Federal Regulations. See 39 CFR part 111.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    Accordingly, 39 CFR 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, 3622, 3626, 3632, 3633, 
and 5001.

    2. Revise the following sections of Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM) as follows:

100 Retail Mail Letters, Cards, Flats, and Parcels

* * * * *

110 Retail Mail Express Mail

* * * * *

114 Postage Payment Methods

* * * * *

3.0 Postage Refunds

3.1 Postage Not Refunded

[Revise the introductory paragraph of 3.1 to read as follows:]

    Postage refunds may not be available if delivery was attempted 
within the times required for the specific service, or for any of the 
following reasons:

[Revise the first sentence of item a, and add a new item c as follows:]

    a. If the item was properly detained for law enforcement purpose; 
strike or work stoppage; delayed because of an incorrect ZIP Code or 
address; forwarding or return service was provided after the item was 
made available for claim; delay or cancellation of flights. * * *
* * * * *
    c. The shipment contained live animals and was delivered or 
delivery was attempted within three days of the date of mailing as 
shown in the ``Date In'' box on Label 11.
* * * * *

400 Commercial Mail Parcels

* * * * *

410 Commercial Parcels Express Mail

* * * * *

414 Postage Payment and Documentation

* * * * *

3.0 Postage Refunds

[Revise the introductory paragraph of 3.0 to read as follows:]

    Postage refunds may not be available if delivery was attempted 
within the times required for the specific service, or for any of the 
following reasons:

[Revise the first sentence of item a and add a new item c as follows:]

    a. If the item was properly detained for law enforcement purpose; 
strike or work stoppage; delayed because of an incorrect ZIP Code or 
address; forwarding or return service was provided after the item was 
made available for claim; delay or cancellation of flights. * * *
* * * * *
    c. The shipment contained live animals and was delivered or 
delivery was attempted within three days of the date of mailing as 
shown in the ``Date In'' box on Label 11.
* * * * *

600 Basic Standards For All Mailing Services

601 Mailability

* * * * *

9.0 Perishables

* * * * *

9.3 Live Animals

* * * * *

9.3.4 Adult Fowl

* * * * *
[Add a new item d to read as follows:]

    d. Postage refunds may not be available if the Express Mail 
shipment was delivered or delivery was attempted within three days of 
the date of mailing as shown in the ``Date In'' box on Label 11.
* * * * *

604 Postage Payment Methods

* * * * *

9.0 Refunds and Exchanges

* * * * *

9.2 Postage and Fee Refunds

* * * * *

9.2.4 Full Refund

    A full refund (100%) may be made when:

[Revise item l to read as follows:]

    l. Express Mail is not delivered according to the applicable 
service standard, except as provided in 114.3.1 and 414.3.0. * * *
* * * * *
    We will publish an appropriate amendment to 39 CFR 111 to reflect 
these changes if our proposal is adopted.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9-8531 Filed 4-13-09; 8:45 am]
BILLING CODE 7710-12-P