[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