SUMMARY: The Postal Service proposes new requirements for containers

used for mailing adult chickens. Currently, we require all mailable

adult fowl other than chickens to be mailed in containers approved by

the manager of Mailing Standards. With this proposal, we intend to

require adult chickens to be mailed in approved containers also.

 

DATES: We must receive your comments on or before March 19, 2007.

 

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 Postal Service 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: To promote the safety of Postal Service

employees, customers, and all mailed adult fowl, we propose to revise

our requirements for containers used for mailing adult chickens.

Current mailing standards permit adult chickens to be mailed in

containers that pass basic package performance tests. By contrast,

other adult fowl (such as turkeys, guinea fowl, doves, pigeons,

pheasants, partridges, and quail) must be mailed in containers approved

by the manager of Mailing Standards. The container standards for other

adult fowl are more stringent than the standards for adult chickens.

Because there is no compelling reason to treat adult chickens

differently from other adult fowl, the revised standards will require

adult chickens to be mailed in the same containers approved by Mailing

Standards for use with other adult fowl.

    Vendors who wish to submit a container for USPS approval can

contact the office of Mailing Standards for a list of container

criteria. Additionally, the term "biologically secure" has been

replaced by the word "secure" to eliminate any implication that such

packaging will completely prevent the spread of disease during

handling.

    Although we are exempt from the notice and comment requirements of

the Administrative Procedure Act [5 U.S.C. of 553(b), (c)] regarding

proposed rulemaking by 39 U.S.C. 410(a), we invite public comment on

the following proposed revisions to Mailing Standards of the United

States Postal Service, Domestic Mail Manual (DMM), 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.

 

    Accordingly, 39 CFR part 111 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, 3626, 5001.

 

    2. Revise the following sections of Mailing Standards of the United

States Postal Service, Domestic Mail Manual (DMM), as follows:

 

600 Basic Standards for All Mailing Services

 

601 Mailability

 

* * * * *

 

9.0 Perishables

 

* * * * *

 

9.3 Live Animals

 

* * * * *

9.3.4 Adult Fowl

    [Revise 9.3.4 as follows:]

    Disease-free adult fowl are mailable domestically when shipped

under

 

[[Page 7588]]

 

applicable law in accordance with 601.1.7. Adult chickens, turkeys,

guinea fowl, doves, pigeons, pheasants, partridges, and quail as well

as ducks, geese, and swans are mailable as follows:

    a. The mailer must send adult fowl by Express Mail in secure

containers approved by the manager of Mailing Standards (see 608.8.0

for address).

    b. The number of birds per parcel must follow the container

manufacturer limits and each bird must weigh more than 6 ounces.

    c. Indemnity may be paid only for loss, damage, or rifling, and not

for death of the birds in transit if there is no visible damage to the

mailing container.

    [Delete 9.3.5, Adult Chickens, and renumber 9.3.6 through 9.3.13 as

new 9.3.5 through 9.3.12.]

* * * * *

    We will publish an appropriate amendment to 39 CFR Part 111 to

reflect these changes if our proposal is adopted.

 

Neva R. Watson,

Attorney, Legislative.

 [FR Doc. E7-2817 Filed 2-15-07; 8:45 am]

 

BILLING CODE 7710-12-P

 

 

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