[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Proposed Rules]
[Pages 38383-38384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18420]


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POSTAL SERVICE

39 CFR Part 111


Advertisements for Animals and Sharp Instruments for Use in 
Animal Fighting Ventures Are Nonmailable

AGENCY: Postal Service\TM\.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes to revise our mailing standards 
pertaining to animal fighting ventures. We intend to harmonize our 
standards with section 26 (7 U.S.C. 2156) of the Animal Welfare Act as 
amended by the Food, Conservation, and Energy Act of 2008.

DATES: Submit comments on or before September 2, 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.

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

SUPPLEMENTARY INFORMATION: On June 18, 2008, Congress enacted the Food, 
Conservation, and Energy Act of 2008 (the 2008 Act) which amended 
certain provisions of the Animal Welfare Act pertaining to animal 
fighting ventures. The 2008 Act's amendments added prohibitions on 
using the mail service of the United States (1) to advertise an animal 
for use in an animal fighting venture, or (2) to advertise a knife, a 
gaff, or any other sharp instrument attached, or designed or intended 
to be attached, to the leg of a bird for use in an animal fighting 
venture. The 2008 Act also revised the definition of the term ``animal 
fighting venture'' to refer to ``any event, in or affecting interstate 
or foreign commerce'' involving a fight ``conducted or to be 
conducted'' between at least two animals. To

[[Page 38384]]

implement the 2008 Act's amendments and to ensure that our standards 
comport with the current language in section 26 (7 U.S.C. 2156) of the 
Animal Welfare Act, we propose the new standards below.
    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.

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[supreg]) as follows:
* * * * *

600 Basic Standards for All Mailing Services

601 Mailability

* * * * *

9.0 Perishable

* * * * *

9.3 Live Animals

* * * * *
    [Revise the heading and text of 9.3.1, as follows:]

9.3.1 Prohibition on Animals Intended for Use in an Animal Fighting 
Venture

    An animal is nonmailable if such animal is being mailed for the 
purpose of having it participate in an animal fighting venture (7 
U.S.C. 2156). This standard applies regardless of whether such venture 
is permitted under the laws of the state in which it is conducted. 
Violators can be subject to the criminal penalties in 18 U.S.C. 49. See 
601.11.20 for the prohibition on mailing sharp instruments intended for 
use in an animal fighting venture and 601.12.5.7 for restrictions on 
mailing written, printed, or graphic matter related to animal fighting 
ventures.
    For this standard:
    a. The term animal means any live bird, or any live mammal (e.g., 
dog), except human.
    b. The term animal fighting venture means any event, in or 
affecting interstate or foreign commerce, that involves a fight 
conducted or to be conducted between at least two animals for purposes 
of sport, wagering, or entertainment (excluding any activity whose 
primary purpose involves using one or more animals in hunting other 
animals;
    c. The term state means any state of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, or any U.S. 
territory or possession.
* * * * *

11.0 Other Restricted and Nonmailable Matter

* * * * *
    [Revise the heading and text of 11.20, as follows:]

11.20 Prohibition on Sharp Instruments Intended for Use in an Animal 
Fighting Venture

    The interstate or international mailing of a knife, a gaff, or any 
other sharp instrument attached, or designed or intended to be 
attached, to the leg of a bird for use in an animal fighting venture 
(as defined in section 601.9.3.1b) is prohibited (7 U.S.C. 2156). 
Violators can be subject to the criminal penalties in 18 U.S.C. 49. See 
601.9.3.1 for the prohibition on mailing animals intended for use in an 
animal fighting venture and 601.12.5.7 for the restrictions on mailing 
written, printed, or graphic matter related to animal fighting 
ventures.
* * * * *

12.0 Written, Printed, and Graphic Matter Generally

* * * * *

12.5 Other Nonmailable Matter

* * * * *
    [Revise the heading and text of 12.5.7, as follows:]

12.5.7 Restriction on Matter Related to Animal Fighting Ventures

    This standard does not pertain to written, printed, or graphic 
matter related to fighting ventures involving live birds if such fight 
is permitted under the laws of the state in which the fight is to take 
place (7 U.S.C. 2156). The terms animal, animal fighting venture, and 
state are defined in 601.9.3.1. Written, printed, or graphic matter is 
nonmailable if it:
    a. Advertises an animal for use in an animal fighting venture.
    b. Advertises a knife, a gaff, or any other sharp instrument 
attached, or designed or intended to be attached, to the leg of a bird 
for use in an animal fighting venture.
    c. Promotes or in any other manner furthers an animal fighting 
venture.
* * * * *
    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. E9-18420 Filed 7-31-09; 8:45 am]
BILLING CODE 7710-12-P