Appeal of P.S. Docket No. 38/93 -- WILLIAM A. LEMBERGER CO., INC.

 In the Matter of the Appeal by:

 WILLIAM A. LEMBERGER CO., INC.,
 P. O. Box 2482, Oshkosh,
 WI  54903-2482:  MAILABILITY

 P.S. Docket No. 38/93

 11/07/91

 Grant, Quentin E., Chief Administrative Law Judge

 APPEARANCE FOR RESPONDENT: Wendy A. Hocking, Esq., Consumer Protection Division, Law Department, United States Postal Service, Washington, DC  20260-1144 

 APPEARANCE FOR APPELLANT: Jack D. Steinhilber, Esq., Steinhilber, Swanson, Mares,  Curtis, Marone & Wolk, 219 Washington Avenue, P. O.  Box 617, Oshkosh, WI  54902-0617

INITIAL DECISION ON MOTION TO DISMISS

In this appeal, William A. Lemberger Co., Inc., invokes 39 C.F.R. Part 953 not as a mailer aggrieved by a mailability decision of the General Manager, Rates and Classification Center, but rather for review and modification of a restriction on the mailability of snakes and turtles contained in Domestic Mail Manual, § 124.141b.

The Postal Service has moved to dismiss the appeal. The motion correctly argues that the pertinent regulations, Domestic Mail Manual $S124.129 n1 and 39 C.F.R. Part 953 provide appeals only for mailers aggrieved by mailability decisions issued by the general manager. They do not furnish a vehicle for the review and revision of a postal regulation as sought by appellant here. Contrary to Appellant's argument, the drafting and adoption of a postal regulation in a certain form, as in this case to include all kinds of snakes and turtles, without restriction, within the definition of harmful matter in DMM § 124.141, is not an appealable mailability decision. Therefore, this appeal does not present an issue which may be entertained and decided under 39 C.F.R. Part 953.

n1 124.129

The motion is granted. The appeal is dismissed.

Administrative Appeals. A mailer aggrieved by any mailability decision by the general manager, rates and classification center, may file a written notice of appeal with the Recorder, Judicial Officer Department, U. S. Postal Service, 475 L'Enfant Plaza SW, Washington, DC 20260-6100, together with a copy or description of the determinatoin or ruling in questoin. The rules of procedure for the determination of such appeals are contained in 39 CFR Part 953, Rules of Practice in Proceedings Relative to Mailability.