[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Page 35302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14829]



[[Page 35302]]

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POSTAL SERVICE

39 CFR Part 20


Cigarettes and Smokeless Tobacco--Prohibited in All Outbound and 
Inbound International Mail

AGENCY: Postal ServiceTM.

ACTION: Final rule.

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SUMMARY: The Postal Service is revising the Mailing Standards of the 
United States Postal Service, International Mail Manual (IMM[supreg]) 
136.4, pertaining to the mailing of tobacco cigarettes and smokeless 
tobacco. These provisions implement specific requirements of the 
Prevent All Cigarette Trafficking (PACT) Act, which restricts the 
mailability of cigarettes and smokeless tobacco.

DATES: Effective Date: August 2, 2010.

FOR FURTHER INFORMATION CONTACT: Rick Klutts at 813-877-0372.

SUPPLEMENTARY INFORMATION: In the Postal Service's final rule titled 
``Treatment of Cigarettes and Smokeless Tobacco as Nonmailable Matter'' 
published in the Federal Register on May 27, 2010 (75 FR 29662-29671), 
the Postal Service implemented prohibitions and exceptions for the 
mailing of cigarettes, including roll-your-own tobacco, and smokeless 
tobacco under the Prevent All Cigarette Trafficking (PACT) Act (Pub. L. 
111-154). That final rule introduced new provisions in Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM[supreg]) section 601.11 that, among other things, provide that the 
exceptions for mailing cigarettes and smokeless tobacco under the PACT 
Act do not apply to inbound and outbound international mail. As 
explained in the corresponding proposed rule published in the Federal 
Register on May 5, 2010 (75 FR 24534, 24535), the complex verification 
requirements for the PACT Act's exceptions, combined with the strict 
consequences of any noncompliance, render it impracticable for these 
requirements to be made applicable to mail originating or destinating 
outside of the Postal Service's service area. The Postal Service does 
not believe that any alternative exists at this time to allow U.S. 
mailers to tender cigarettes and smokeless tobacco as outbound 
international mail or to receive them as inbound international mail 
under the PACT Act's exceptions. This final rule makes conforming 
changes to the mailability provisions in IMM chapter 136.
    Consequently, the Postal Service hereby adopts the following 
changes to Mailing Standards of the United States Postal Service, 
International Mail Manual (IMM), which is incorporated by reference in 
the Code of Federal Regulations. See 39 CFR 20.1.

List of Subjects in 39 CFR Part 20

    Foreign relations, International postal services.

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Accordingly, 39 CFR Part 20 is amended to read as follows:

PART 20--[AMENDED]

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1. The authority citation for 39 CFR Part 20 continues to read as 
follows:

    Authority:  5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 407, 414, 416, 3001-3011, 3201-
3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.


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

Mailing Standards of the United States Postal Service, International 
Mail Manual (IMM)

1 International Mail Services

* * * * *

130 Mailability

* * * * *

136 Nonmailable Goods

* * * * *
    [Insert new 136.4 as follows:]

136.4 Cigarettes and Smokeless Tobacco

    Cigarettes (including roll-your-own tobacco) and smokeless tobacco 
products, as defined in DMM 601.11.1, are nonmailable when sent in 
outbound or inbound international mail. As noted in DMM 601.11.3, the 
exceptions for mailing under DMM 601.11.4 through 601.11.8 are not 
available for shipments of such products in international mail.
* * * * *

Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010-14829 Filed 6-21-10; 8:45 am]
BILLING CODE 7710-12-P