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, DC20260-3436. 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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