38384 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 

implement the 2008 Act’s amendments 

and to ensure that our standards 

comport with the current language in 

section 26 (7 U.S.C. 2156) of the Animal 

Welfare Act, we propose the new 

standards below. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C. 

553(b), (c)], regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites comments on the 

following proposed revision of the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual, 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR part 

111. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

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, 3622, 3626, 3632, 

3633, and 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 Perishable 

* * * * * 

9.3 Live Animals 

* * * * * 

[Revise the heading and text of 9.3.1, 

as follows:] 

9.3.1 Prohibition on Animals Intended 

for Use in an Animal Fighting Venture 

An animal is nonmailable if such 

animal is being mailed for the purpose 

of having it participate in an animal 

fighting venture (7 U.S.C. 2156). This 

standard applies regardless of whether 

such venture is permitted under the 

laws of the state in which it is 

conducted. Violators can be subject to 

the criminal penalties in 18 U.S.C. 49. 

See 601.11.20 for the prohibition on 

mailing sharp instruments intended for 

use in an animal fighting venture and 

601.12.5.7 for restrictions on mailing 

written, printed, or graphic matter 

related to animal fighting ventures. 

For this standard: 

a. The term animal means any live 

bird, or any live mammal (e.g., dog), 

except human. 

b. The term animal fighting venture 

means any event, in or affecting 

interstate or foreign commerce, that 

involves a fight conducted or to be 

conducted between at least two animals 

for purposes of sport, wagering, or 

entertainment (excluding any activity 

whose primary purpose involves using 

one or more animals in hunting other 

animals; 

c. The term state means any state of 

the United States, the District of 

Columbia, the Commonwealth of Puerto 

Rico, or any U.S. territory or possession. 

* * * * * 

11.0 Other Restricted and 

Nonmailable Matter 

* * * * * 

[Revise the heading and text of 11.20, 

as follows:] 

11.20 Prohibition on Sharp 

Instruments Intended for Use in an 

Animal Fighting Venture 

The interstate or international mailing 

of a knife, a gaff, or any other sharp 

instrument attached, or designed or 

intended to be attached, to the leg of a 

bird for use in an animal fighting 

venture (as defined in section 

601.9.3.1b) is prohibited (7 U.S.C. 2156). 

Violators can be subject to the criminal 

penalties in 18 U.S.C. 49. See 601.9.3.1 

for the prohibition on mailing animals 

intended for use in an animal fighting 

venture and 601.12.5.7 for the 

restrictions on mailing written, printed, 

or graphic matter related to animal 

fighting ventures. 

* * * * * 

12.0 Written, Printed, and Graphic 

Matter Generally 

* * * * * 

12.5 Other Nonmailable Matter 

* * * * * 

[Revise the heading and text of 12.5.7, 

as follows:] 

12.5.7 Restriction on Matter Related 

to Animal Fighting Ventures 

This standard does not pertain to 

written, printed, or graphic matter 

related to fighting ventures involving 

live birds if such fight is permitted 

under the laws of the state in which the 

fight is to take place (7 U.S.C. 2156). 

The terms animal, animal fighting 

venture, and state are defined in 

601.9.3.1. Written, printed, or graphic 

matter is nonmailable if it: 

a. Advertises an animal for use in an 

animal fighting venture. 

b. Advertises a knife, a gaff, or any 

other sharp instrument attached, or 

designed or intended to be attached, to 

the leg of a bird for use in an animal 

fighting venture. 

c. Promotes or in any other manner 

furthers an animal fighting venture. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 to reflect 

these changes if our proposal is 

adopted. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–18420 Filed 7–31–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2009–0482; FRL–8938–7] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; West 

Virginia; Control of Emissions From 

Existing Commercial and Industrial 

Incineration (CISWI) Units, Plan 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

revision to the West Virginia (WV) 

commercial and industrial solid waste 

incinerator (CISWI) 111(d)/129 plan (the 

‘‘plan’’). The revision contains a 

modified WV Department of 

Environmental Protection, Division of 

Air Quality (DAQ) rule, WV45CSR18, 

that streamlines the state’s regulatory 

structure for incinerator units into one 

rule which incorporates Clean Air Act 

(CAA), section 129 requirements. This 

approval action relates only to CISWI 

units. In the Final Rules section of this 

Federal Register, EPA is approving the 

State of West Virginia’s CISWI plan 

revision submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipate no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 38385 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by September 2, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0482 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

B. E-mail: E-mail: http:// 

wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0482, 

Walter Wilkie, Chief, Air Quality 

Analysis Branch, Mailcode 3AP22, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0482 EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the West Virginia Division 

of Air Quality, 601 57th Street, SE., 

Charleston, West Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, P.E., at (215) 814– 

2190, or by e-mail at 

topsale.jim@epa.gov. Please note that 

while questions may be posed via phone 

and e-mail, formal comments must be 

submitted in writing, as indicated in the 

ADDRESSES section of this document. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: July 21, 2009. 

William C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. E9–18479 Filed 7–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2009–0463; FRL–8938–9] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; West 

Virginia; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units, Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

revision to the West Virginia (WV) 

hospital/medical/infectious waste 

incinerator (HMIWI) 111(d)/129 plan 

(the ‘‘plan’’). The revision contains a 

modified WV Department of 

Environmental Protection, Division of 

Air Quality (DAQ) rule, WV45CSR18, 

that streamlines and consolidates the 

state’s regulatory structure for 

incinerator units into one rule which 

incorporates Clean Air Act (CAA), 

section 129, requirements. This 

approval action relates only to HMIWI 

units. In the Final Rules section of this 

Federal Register, EPA is approving the 

State of West Virginia’s HMIWI plan 

revision submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by September 2, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0463 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: http:// 

wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0463, 

Walter Wilkie, Chief, Air Quality 

Analysis Branch, Mailcode 3AP22, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0463. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 


sroberts on DSKD5P82C1PROD with PROPOSALS