[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51947-51949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20835]


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POSTAL SERVICE

39 CFR Part 111


Mailing of Cigarettes and Smokeless Tobacco Products to APO/FPO/
DPO Destination Addresses

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, Domestic Mail Manual (DMM[supreg]) 503.9 
and 601.11 to permit the mailing of cigarettes and smokeless tobacco to 
APO/FPO/DPO destination addresses via Express Mail[supreg] Military 
Service or Priority Mail[supreg] service with Delivery 
ConfirmationTM.

DATES: Effective Date: August 27, 2010.

FOR FURTHER INFORMATION CONTACT: Mary Collins, 202-268-5440, Anthony 
Alverno, 202-268-2997 or Jeff Burger, 202-268-7251.

SUPPLEMENTARY INFORMATION: On May 5, 2010, the Postal Service published 
a proposed rule in the Federal Register (75 FR 24534-24541) to 
implement the Prevent All Cigarette Trafficking (PACT) Act of 2009, 
Public Law 111-154. After solicitation and consideration of the 
comments received in response to the proposed rule, the Postal Service 
published a Federal Register final rule on May 27, 2010 (75 FR 29662-
29671) to implement the PACT Act effective June 29, 2010.
    The final rule established eligibility requirements under which 
shipments of cigarettes and smokeless tobacco could be sent via U.S. 
mail under the PACT Act. One of the exceptions in the PACT Act allows 
for gift shipments sent by certain individuals. The Postal Service 
implemented this requirement in the final rule by providing that 
shipments sent by individuals in non-commercial transactions must be 
sent by Express Mail with Hold for Pickup for domestic shipments. With 
respect to shipments to Air Force/Army Post Offices (APOs), Fleet Post 
Offices (FPOs), or Diplomatic Post Offices (DPOs) destination 
addresses, the standards in DMM section 601.11.6.2 provided that 
shipments of cigarettes and smokeless tobacco must be sent via Express 
Mail. This is consistent with the PACT Act requirement that shipments 
by certain individuals must be sent using ``the systems of the Postal 
Service that provide for the tracking and confirmation of delivery.'' 
18 U.S.C. 1716E(b)(4)(ii)(IV). Express Mail service offers both 
tracking and confirmation of delivery and was accordingly required for 
shipments to APO/FPO/DPO destination addresses.
    No comments were received in response to the Postal Service's 
solicitation for comments on the proposed rule in connection with 
shipments to APO/FPO/DPO addressees. Subsequent to the publication of 
the final rule, however, the Postal Service received inquiries from 
customers concerning the requirement to use Express Mail service for 
shipments to APO/FPO/DPO destination addresses in Iraq and Afghanistan. 
In particular, customers advised that Express Mail service is not 
offered to APO/FPO/DPO destination addresses in certain places where 
large

[[Page 51948]]

numbers of troops are located, particularly Iraq and Afghanistan. As a 
result, the Postal Service undertook to investigate whether there are 
alternative mailing options for military families sending packages 
containing cigarettes and smokeless tobacco that would satisfy the 
requirements of the PACT Act.
    To accommodate the needs of military families that ship to these 
destinations, the USPS[supreg] has identified alternative mailing 
options for mailpieces containing cigarettes and smokeless tobacco sent 
as gifts between individual adults to APO/FPO/DPO destinations. With 
this change, mailings of cigarettes and smokeless tobacco will be 
permitted to APO/FPO/DPO destination addresses when using Priority 
Mail[supreg] with Delivery Confirmation Service, when not otherwise 
restricted in accordance with the requirements of the host country. 
This measure should expand mailing options to accommodate the needs of 
military families. Mailers should be advised, however, that packages 
containing mailable cigarettes or smokeless tobacco are still subject 
to all other requirements in DMM 601.11.6, including marking 
requirements, a weight limitation of 10 ounces per package, as well as 
frequency limitations of no more than 10 shipments per 30 day period. 
The revised frequently asked question below explains the requirement in 
more detail:
    Q: May individual customers in the United States send cigarettes 
and smokeless tobacco as gifts in overseas military mail?
    A. That depends. Some overseas host countries do not allow 
cigarettes and tobacco items in military mail, and such gifts may be 
prohibited, so first check the Postal Bulletin, or the link at http://postcalc.usps.gov/Restrictions.aspx, for cigarette/tobacco restrictions 
based on the ZIP Code of the APO/FPO/DPO installation. If cigarettes 
and smokeless tobacco items are permitted, customers must use Express 
Mail Military Service (EMMS) or Priority Mail with Delivery 
Confirmation for shipping these items to APO/FPO/DPO destination 
addresses. For Express Mail shipments, Hold for Pickup service is not 
required. Regardless of the mail service used, however, the package 
must weigh 10 ounces or less and bear the complete name and address of 
the sender and addressee, along with the marking ``PERMITTED TOBACCO 
MAILING -- DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.'' The 
sender must show photo identification establishing that he or she is at 
least 18 years old or the minimum age for purchase of tobacco where the 
package is entered, whichever is higher. Furthermore, at the time of 
the transaction, the sender must orally affirm that the addressee is at 
least 18 years old or the minimum age for purchase of tobacco where the 
package is being delivered, whichever is higher. No more than 10 such 
mailings may be sent by a single individual in a 30-day period.
    In conjunction with this change, we are also clarifying the product 
description for Delivery Confirmation when used with products sent to 
APO/FPO/DPO destination addresses. Specifically, DMM section 503.9.2.1 
is clarified to specify that for APO/FPO/DPO shipments, Delivery 
Confirmation service may not always provide the mailer with online 
information regarding the date and time of an event scan.
    The applicable standards contained in this final rule will be 
incorporated into the DMM monthly update on October 4, 2010.
    The Postal Service hereby adopts the following changes to the 
Mailing Standards for the United States Postal Service, Domestic Mail 
Manual (DMM), which is 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.

0
Accordingly, 39 CFR part 111 is amended as follows:

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 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, 414, 416, 3001-3011, 3201-3219, 
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.

0
2. Revise the following sections of Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM) as follows:

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

500 Additional Mailing Services

503 Extra Services

* * * * *

9.0 Delivery Confirmation

* * * * *

9.2. Basic Information

9.2.1 Description

    [Revise 9.2.1 by adding a new last sentence as follows:]
    * * * For mailings to APO/FPO/DPO destination addresses, Delivery 
Confirmation service may not always provide the mailer with online 
information regarding the date and time of an event scan.
* * * * *

600 Basic Standards for All Mailing Services

601 Mailability

* * * * *

11. 0 Cigarettes and Smokeless Tobacco

* * * * *

11.3 Mailability Exceptions

    * * * These exceptions do not apply to the following:
* * * * *
    [Revise text in item11.3 c as follows:]
    c. mail presented at APO, FPO, or DPO installations destined to 
addresses in the United States.
* * * * *

11.6 Exception for Certain Individuals

* * * * *

11.6.2 Mailing

    * * * Each mailing under the certain individuals exception must:
    [Revise text in item ``a'' as follows and delete items ``e'' 
through ``g'' in their entirety.]
    a. be entered as Express Mail with Hold for Pickup service (waiver 
of signature and pickup services not permitted); unless shipped to APO/
FPO/DPO addresses under 11.6.4.
* * * * *

11.6.3 Mailing

    Delivery under the certain individuals exception is made under the 
following conditions:
    [Revise text in items ``a'' and ``c'' as follows:]
    a. The recipient receiving or signing for the article must be an 
adult of at least the minimum age for the legal sale or purchase of 
tobacco products at the place of delivery. * * *
    c. For Express Mail articles, once age is established, the 
recipient must sign PS Form 3849 in the appropriate signature block.
* * * * *
    [Add new item 11.6.4 as follows:]

[[Page 51949]]

11.6.4 Tobacco Product Shipments to APO/FPO/DPO

    Shipments of cigarettes and smokeless tobacco may not be sent to 
APO/FPO/DPO destination addresses to which the mailing of tobacco is 
restricted (see 703.2.3.1). To the extent cigarettes or smokeless 
tobacco are permitted to be mailed to an APO/FPO/DPO destination 
addresses, such mailings under the certain individuals exception must 
comply with all of the requirements of 11.6, with the exception that 
mailings may be entered as either Express Mail Military Service (EMMS) 
or Priority Mail service with Delivery Confirmation. Regardless of the 
service elected, the mailing must bear the full name and mailing 
address of the sender and recipient.
* * * * *
    We will publish an amendment to 39 CFR part 111 to reflect these 
changes.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-20835 Filed 8-23-10; 8:45 am]
BILLING CODE 7710-12-P