FaderaL Register / Vol. S3, No. 122 / Friday. June 24. ritfS / Proposed Rules 23775 
both. before and after the closing date- 
for comments., in. the Rules Docket at the- 
address given above; far examination by 
interested persons. A report ' 
summarizing each-FAA-public contact, 
concerned with the substance of the 
proposed AD, mll.be filed in theRules- 
Docket 
Background- 
•The proposal is prompted by 
increasing numbers of exhaust valve 
failures and atTeast 68 incidents of 
unscheduled landings. This increase in 
service difficulties is partially attributed 
to the extensive use of higher-leaded 
aviation gasoline especially in the lower 
compression ratio engines- which 
previously nsed 80/87 octane aviation, 
fuel. The proposed Ad' is needed to 
prevent loss of engine power due to 
exhaust valve failure which could' result- 
in an emergency landing with resultant 
aircraft damage and personal injury. 
The FAA has determined that the. 
original closing date for the comment 
period does not alow sufficient time tcr 
recerve comments from the public and 
that re-opening the comment period 
would afford those commentere the 
opportunity to participate- in the 
development of this proposed AD: 
List of Subjects in 14 CFRPart 39 
Engines, Air transportation,. Aircraft, 
Aviation safety,. Incorporation, by 
reference. 
This extension is in response to the- 
aviaticn industry’s request for adequate 
time to comment. 
PART 3S— [AMENDED] 
1. The authority citation forPart39. 
continues to re3d as follows: 
Authority 49 U.5.C. 1354(a), T42T. and 1423: 
49 U.S.C. 106(g) (Revised Pub. L. 97—443,. 
January E, la&jjrand 14 CFR n.85. 
Issued in Eurlington, Massachusetts, ou- 
June 16, 1988. 
Timothy P. Forte, 
Acting Director. New England Region. 
[FR Doc. 83-1425QFiled 6-23-83; 3:45 am] 
OiLLO.'G CODE 4910-13-SI 
POSTAL SERVICE 
33 CFR Part HT 
NonmaiiabiUty of Etioiogic Agsr.ts 
agency: Postal Service^ 
action: Proposed rule. 
summary:. This proposal- would prohibit 
the mailing of etioiogic agents, or 
materials reasonably believed to- 
contain etioiogic agen?3, which are. 
required to bear an Etioiogic Agents/ 
Biolmedical Material label under 
Department of Transportation and 
Department of Health: and Human 
Services rules. Etioiogic- agents, defined 
as viable, microorganisms or their toxins, 
which cause, or may cause., human 
disease;, and diagnostic specimens and 
biological: products,- are presently 
allowed to; travel in the mails, if they are. 
properly packaged. Because some 
customers propose: to maiLincreased 
volumes of mail contianmg- etioiogic 
agents, the-Pastal Service believes that 
such volumes of mail may present a. 
hazard to. postal employees and the 
public. Accordingly, the Postal Service, 
proposes to prohibit the mailing of this 
materiaL 
DATE; Comments must bereGeived on or 
before August 8, 1988. 
ADDRESS: Written comments- should be 
mailed or delivered to the Director. 
Office of Classification and Rates 
Administration, Rates- and Classification 
Department, Room 8430,. 475 L'Enfant 
Plaza West, SW„ Washington, DC 
20260-5360. Copiesof all written 
comments will be available for 
inspection and photocopying between. 
9:00 a.m. and 4:00 p.m.. Monday through 
Friday, in Room 8430: at. the above 
address. 
FOR FURTHER INFORMATION CONTAC.T.F. 
E. Gardner, [202) 268-5178. 
SUPPLEMENTARY INFORMATION: Under 39. 
U.S.C. 3 GOT and 18 U.S.C. 1716, any. 
material' which may kill or injure 
another is nonmailable, exceptfor 
materials which are not- outwardly or of 
their own force dangerous or injurious to 
life, health, or property, and which are 
prepared and packaged in accordance 
with postal rules. The Service presently 
allows the mailing of disease germs 
(etioiogic agents), diagnostic specimens, 
and biological products, so long as these, 
items are properly preparedfor mailing 
to conform with Department of 
Transportation ana Department of 
Health and Human Services.regulations. 
The Postal Service has learned th a t- 
some customers propose increased use 
of the mails to transmit etioiogic agents, 
which are microorganisms or their 
toxins which cause, ormav cause,. 
human disease-Mailings of etioiogic 
agents. in such numbers - might presents 
hazard to postal waorkers and. to the 
public. Therefore, the- Postal Service has 
concluded that the transmission in the 
mails of all such items should be 
prohibited. The proposal would prohibit 
the mailing of any material which is 
required- to.bear an Etioiogic: Agents/- 
Biomedical Materiallabel, under 49 CFR 
173.368 of the Department of 
Transportation regulations and 42 CFR 
72.3 of the Department of Health and 
Human Services regulations. Th& 
proposed rule would not affect the- 
mailability of biological products and 
diagnostic specimens, as defined in 
Department of Health and Human 
Services regulations at 42 CFR 72.1, 
when am Etioiogic Agents /Biomedical 
Material label is not required. 
Althought exempt from the notice and- 
comment requrements of the 
Acfmfnistrative Procedure- Act' (5 U.S.C. 
553(b), (c)) regarding proposed 
rulemaking by 39 U.S.C. 410(a), the 
Postal Service invites public comments- 
on the following proposed amendments 
of Part 124 of the Domestic Mail Manual, 
which is incorporated by reference in- 
the Code of Federal Regulations. See 39- 
CFR 111.1- 
List of Subjects in 39 CFR Part 111 
Postal Service. 
FART tit— [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, 5001. 
2i Amend 124:381 and. .382a of the 
Domestic Mail Manual to read as 
follows: 
124 NONMAILABLE MATTER- 
ARTICLES AND SUBSTANCES;, 
SPECIAL MAILING RULES; 
**.*-*• * 
124.3 Hazardous Matter 
***** 
.38 Disease Germs and Biological 
Products 
.381 Mailability and Packaging.. 
Disease germs which are etioiogic 
agents, Grmaterials reasonably believed 
to contain etioiogic agents, as defined 
by Department of Transportation and - 
Department of Health and Human 
Services regulations, are nonmailable. 
Diagnostic specimens and biological 
products are nonmailable unless such 
items are properly prepared for mailing, 
to conform to Federal requirements 
applicable to interstate transportation of 
such matter. To be mailable, each such, 
diagnosic specimen or biological 
product mustbe packaged in a 
waterproof inner container which- is not 
permeable by the contents. When other 
than dry items are mailed, the inner 
container(s) must be packaged in- 
sufficient absorbent cushioning materfaF 
to completely absorb the contents in- 
case of leakage of the inner container 
The cushioning and inner containerfs) of 
liquid or semiliquid must then be 
[384] 
Recombinant DNA Research, Volume 13 
