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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules
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government overseeing a population below 50,000.
The small entities that this proposed regulatory action would affect are public or private nonprofit agencies and organizations, including Indian Tribes and institutions of higher education, that may apply. We believe that the costs imposed on an applicant by the proposed priority would be limited to paperwork burden related to preparing an application and that the benefits of this proposed priority would outweigh any costs incurred by the applicant.
There are very few entities who could provide the type of training and technical assistance required under the proposed priority. For these reasons, the proposed priority would not impose a burden on a significant number of small entities.
Paperwork Reduction Act of 1995:
The proposed priority contains information collection requirements that are approved by OMB under OMB
control number 18200018.
Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR
part 385. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and actions for this program.
Assessment of Educational Impact In accordance with section 411 of the General Education Provisions Act, 20
U.S.C. 1221e4, the Secretary particularly requests comments on whether these proposed regulations would require transmission of information that any other agency or authority of the United States gathers or makes available.
Accessible Format: On request to the program contact person listed under FOR
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format RTF or text format txt, a thumb drive, an MP3
file, braille, large print, audiotape, or compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at
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www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format PDF. To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov.
Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.
David Cantrell, Deputy Commissioner, Office of Special Education Programs. Delegated the authority to perform the functions and duties of the Assistant Secretary for the Office of Special Education and Rehabilitative Services.
FR Doc. 202103422 Filed 21821; 8:45 am BILLING CODE 400001P

POSTAL SERVICE
39 CFR Part 113
Treatment of E-Cigarettes in the Mail Postal ServiceTM.
Proposed revision, invitation for comment.

AGENCY:
ACTION:

The Postal Service proposes to revise Publication 52, Hazardous, Restricted, and Perishable Mail, to incorporate new statutory restrictions on the mailing of electronic nicotine delivery systems. Such items would be subject to the same prohibition as cigarettes and smokeless tobacco, subject to many of the same exceptions.
DATE: We must receive your comments on or before March 22, 2021.
ADDRESSES: Mail or deliver written comments to the Manager, Product Classification, U.S. Postal Service, 475
LEnfant Plaza SW, Room 4446, Washington, DC 202603436. Email comments, containing the name and address of the Commenter, may be sent to: PCFederalRegister@usps.gov, with a subject line of E-Cigarette Restrictions. Faxed comments are not accepted. All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure.
You may inspect and photocopy all written comments, by appointment only, at USPS Headquarters Library, 475 LEnfant Plaza SW, 11th Floor North, Washington, DC 20260. These records are available for review Monday SUMMARY:

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through Friday, 9 a.m. and 4 p.m. by calling 2022682906.
FOR FURTHER INFORMATION CONTACT: Dale E. Kennedy, 2022686592.
SUPPLEMENTARY INFORMATION: The Postal Service is proposing to amend Publication 52 with the provisions described below and, once adopted, will incorporate the revised Publication 52
by reference into 39 CFR part 113. You may view the text of the proposed edits to Publication 52 at https pe.usps.com.
On December 27, 2020, the Preventing Online Sales of E-Cigarettes to Children Act Act, Public Law 116160, div.
FF, title VI 2020, was enacted.
Effective 90 days after enactment, Section 602 of the Act adds electronic nicotine delivery systems ENDS to the definition of cigarettes subject to regulation under the Jenkins Act, 15
U.S.C. 375 et seq. Consequently, ENDS
will also become subject to the mailability restrictions and exceptions in 18 U.S.C. 1716E, which rely on the Jenkins Act definition of cigarettes. 18
U.S.C. 1716Ea1. Section 603 of the Act requires the Postal Service to promulgate implementing regulations not later than 120 days after enactment and provides that the prohibition on mailing ENDS will apply immediately on and after the date of the final rule.
Current Mailing Restrictions on Cigarettes and Smokeless Tobacco Currently, 18 U.S.C. 1716E bans the mailing of cigarettes and smokeless tobacco except in narrowly defined circumstances, as described below.
Noncontiguous States: Intrastate shipments within Alaska or Hawaii;
Business/Regulatory Purposes:
Shipments transmitted between verified and authorized tobacco industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes;
Certain Individuals: Lightweight shipments mailed between adult individuals, limited to 10 per 30-day period;
Consumer Testing: Limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes;
and Public Health: Limited shipments by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing.
18 U.S.C. 1716Eb26. Outside of these exceptions, the Postal Service cannot accept or transmit any package that it knows, or has reasonable cause to believe, contains nonmailable smokeless tobacco or cigarettes. Id. at a1.

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