Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Rules and Regulations 75863

(iii) Trust assets are those assets

reported on Schedule A, Line 18 of the

Annual Report of Trust Assets (FFIEC

Form 001). The form is available by mail

from the Office of the Comptroller of the

Currency, Asset Management Division,

250 E Street, SW., Washington, DC

20219.

Dated: October 20, 2000.

John D. Hawke, Jr.,

Comptroller of the Currency.

[FR Doc. 00–30843 Filed 12–4–00; 8:45 am]

BILLING CODE 4810–33–P

POSTAL SERVICE

39 CFR Part 111

Nonmailable Written, Printed, and

Graphic Matter

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends Part

C030 of the Domestic Mail Manual

(DMM) to provide for changes to the

standards concerning written, printed,

and graphic matter as a result of a recent

Department of Justice opinion

concerning lottery material.

EFFECTIVE DATE: December 14, 2000.

FOR FURTHER INFORMATION CONTACT:

Jerome M. Lease (703) 292–4184.

SUPPLEMENTARY INFORMATION: As the

result of an inquiry from the Postal

Service, the Department of Justice has

issued an opinion stating that the statute

prohibiting the mailing of truthful

advertising concerning lawful gambling

activity, whether state-run or private, is

no longer enforceable. The Attorney

General has notified Congress that it

will no longer enforce the criminal

lottery statute (18 U.S.C. Section 1302)

against gambling advertisement mailers,

so long as the activity advertised is legal

and the mailing does not provide any

entry materials.

The Attorney General’s opinion is

based upon a decision of the Supreme

Court issued in June 1999, which struck

down similar prohibitions against

truthful broadcast advertising for lawful

gambling activity.

Accordingly, the Domestic Mail

Manual (DMM) is revised to conform to

the Attorney General’s new guidance.

The changes mean that:

1. Mailers may now mail

advertisements for casinos and state-run

or private lotteries (so long as that

lottery is legal).

2. Newspapers and other publications

that are mailed may run advertisements

for lawful gambling activity without

risking their authorizations to mail at

periodicals rates.

3. The Postal Service may actively

solicit advertising mail from licensed

casinos and others lawfully conducting

gambling activity.

The following prohibitions will still

apply:

1. No mailing is acceptable if it

provides entry materials or

instrumentalities (lottery or raffle

tickets, for instance) through the mail.

2. Mailing gambling proceeds,

instrumentalities, or other means of

participation continue to violate the

criminal statute.

The changes announced in this

document are effective on December 14,

2000, and also will be published in

Postal Bulletin 22039 (12–14–00). These

revisions to the DMM will be included

in the printed version of DMM Issue 56,

scheduled for January 2001 (pending a

decision about the R2000–1 omnibus

rate case). These amendments are being

published without provision for public

comment because the changes are

required by law.

For the reasons discussed above, the

Postal Service hereby adopts the

following amendments to the Domestic

Mail Manual (DMM) which is

incorporated by reference in the Code of

Federal Regulations (see 39 CFR part

111).

List of Subjects in 39 CFR Part 111

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, 3001–3011, 3201–3219, 3403–

3406, 3621, 3626, 5001.

2. Revise part C030 of the DMM to

include the following revisions:

C CHARACTERISTICS AND

CONTENT

C000 General Information

* * * * *

C030 Nonmailable Written, Printed,

and Graphic Matter

* * * * *

C031 Written, Printed, and Graphic

Matter Generally

* * * * *

3.0 LOTTERY MATTER (18 USC 1302)

* * * * *

[Revise 3.2 to read as follows:]

3.2 Unlawful Mail Matter

Unlawful matter includes any letter,

newspaper, periodical, parcel, stamped

card or postcard, circular, or other

matter permitting or facilitating

participation in a lottery; any lottery

ticket or part thereof or substitute; and

any form of payment for a lottery ticket

or share.

3.3 Fishing Contests, Indian Gaming

Regulatory Act, Lotteries

[Remove item b. Redesignate items c

and d as b and c, respectively. Revise

newly redesignated item c to read as

follows:]

* * * * *

c. An advertisement, list of prizes, or

other information on a lottery not

prohibited by the state where it is

conducted.

* * * * *

An appropriate amendment to 39 CFR

part 111 to reflect these changes will be

published.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–30810 Filed 12–4–00; 8:45 am]

BILLING CODE 7710–12–U

ENVIRONMENTAL PROTECTION

AGENCY

48 CFR Parts 1504 and 1552

[FRL–6912–2]

Acquisition Regulation: Business

Ownership Representation

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is amending the EPA

Acquisition Regulation (EPAAR) to add

a new clause that will provide the

Agency with information regarding its

contract awards. This new clause

requests the successful awardee of an

EPA contract to voluntarily identify the

specific racial/ethnic category that best

represents the ownership of its business.

The information provided by the clause

will not be used for the establishment of

a set-aside or quota. The information

will be used for general statistical

purposes or for the purpose of focusing

future outreach initiatives to those

businesses owned by racial/ethnic

groups who are unaware of EPA

contracting opportunities.

DATES: This rule is effective January 4,

2001.

FOR FURTHER INFORMATION CONTACT:

Leigh Pomponio, U.S. Environmental

Protection Agency, Office of Acquisition

Management (3802R), 1200

Pennsylvania Avenue, NW, Washington,

D.C. 20460, Telephone: (202) 564–4364.

SUPPLEMENTARY INFORMATION: