OK, so it's been published.
Treatment of E-Cigarettes in the Mail
If anyone can translate this into English, please do so.
"Effective Date of Eventual Final Rule
Particularities here merit a brief discussion of the timing of the eventual final rule, in the interest of providing stakeholders with advance information. Section 603(a) of the Act requires the Postal Service “promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes” to ENDS not later than 120 days after enactment (
i.e., April 26, 2021). Section 603(b) provides that the prohibition will apply to mailings of ENDS “on and after” the publication date of the final rule. In specifying this immediate effective date, Congress expressly abrogated the standard 30-day notice period for a final rule under the Administrative Procedure Act (APA), which would otherwise apply to rulemakings concerning the mailability statute here.
5 U.S.C. 553(d), 559;
39 U.S.C. 3001(m). To the extent that this rulemaking concerns not only the mailing prohibition referenced in the Act, but also the application of exemptions from that prohibition, the APA permits those aspects of the eventual final rule likewise to take effect with less than 30 days' notice (
e.g., immediately upon publication).
5 U.S.C. 553(d)(1)."
Also,
"This document has a comment period that ends in 31 days. (03/22/2021)
SUBMIT A FORMAL COMMENT "
Now what?
As I understand it, this is How this Particular Process would normally have work.
1) Congress, via the passage of Legislation/signed by the President, instructs the USPS to Change a Regulation regarding the Mailing e-Cigarettes/e-Liquids. The Regulation Changes made by the USPS must be in effect no later than 120 Days from the Legislation becoming Law.
2) The USPS creates a
Proposed Change to Regulations.
3) The USPS then Publishes this
Proposed Change of Regulations in the Federal Registry providing a Comment Period of No Less than 30 Days.
4) After the 30 Day Comment Period is over, the USPS files the Final Changes to the Regulation with the Federal Registry. And the Effective Date of the Changes to the Regulations would Not occur in Less than 30 Days from the filing of the Final Rule with the Federal Registry.
5) All this is Suppose to occur within 120 Days (as per the wording in the Legislation) of the the Initial Signing into Law of the Legislation.
But it appears that Congress specifically "Abrogated" the Effective Date occurring "Not Less than 30 Days after the Final Changes to the Regulations is Published in the Federal Registry".
And they were able to do so because of this...
(d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except—
(1) a substantive rule which grants or recognizes an exemption or relieves a restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause found and published with the rule.
U.S.C. Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
So where we are is in the Comment Phase. And that Phase will end on 3-22-21
After 3-22-21, the USPS can Publish the Final Changes to the Regulations. And those Changes could be Effective any time after the Date of Publication. Including Effective Immediately.
So in a Worst Case Scenario, these e-Cigarette/e-Liquid USPS Bans could be In Effect on or about 3-23-21.
Like I said... this is How I Understand it. But
@kristin is the one who should Confirm or Clarify this.
