[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3920]


[[Page Unknown]]

[Federal Register: February 23, 1994]


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POSTAL SERVICE

39 CFR Part 111

 

Classification of Computer-Readable Periodical Publications

AGENCY: Postal Service.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Postal Service seeks comments from interested parties 
concerning the possible admissibility of periodicals produced on 
electronic media into second-class mail. This request for comments is 
prompted by the increasing usage of these electronic media, and may 
lead to a change in the requirement that second-class mail be formed of 
printed sheets.

DATES: Comments must be received by April 11, 1994.

ADDRESSES: Address all comments to the Manager, Publications, USPS 
Headquarters, 475 L'Enfant Plaza SW., Washington, DC 20260-2409.

FOR FURTHER INFORMATION CONTACT:
Lyn E. Seidler, (202) 268-2261.

SUPPLEMENTARY INFORMATION: The Postal Service has noted that a number 
of publications which currently have second-class mailing privileges 
are also available to subscribers in alternate media, such as floppy 
diskettes and CD-ROMs. These alternate media, even if containing 
exactly the same information that is available in the paper version of 
the second-class publication, are not currently eligible for second-
class mailing privileges because the Postal Service has interpreted the 
requirement that ``second-class must be formed of printed sheets'' to 
exclude this material. (See section 200.0103 of the Domestic Mail 
Classification Schedule, reprinted in 39 CFR part 3001, subpart C, 
appendix A.) While current usage of these alternate media appears to be 
limited, it is expected that future usage will increase. It is also 
expected that new types of information not available in traditional 
second-class publications (e.g., videos or musical accompaniment) will 
become available in these alternate media, and that new ways of 
presenting and using this information may make simple analogies to 
traditional second-class publications more difficult.
    The Postal Service believes it might be useful at this time to 
review the printed sheet requirement pertaining to the mailing of 
second-class publications and other aspects of the classification of 
non-print media. Commenters should keep in mind that the other 
requirements for second-class matter have not been identified for 
reconsideration at this time. These requirements include that the 
matter must be originated and published for the purpose of 
disseminating information of a public character or devoted to 
literature, the sciences, art or some special industry; that it must be 
issued at stated intervals no less than four times per year; that there 
be limited advertising in issues; and that there be a list of 
subscribers/requesters, as applicable.
    Options available for the classification of non-print media 
include, but are not limited to:
    1. Allowing publications in non-printed sheet formats to be mailed 
at second-class rates, if they meet all other current requirements of 
second class.
    2. Requiring matter not on printed sheets to be mailed at non-
second class rates, such as first-, third-, or fourth-class mail.
    3. Allowing only some material, in highly specific formats (such as 
100% non-advertising content), to be eligible for second-class rates.
    4. Establishing an entirely new classification (class, subclass or 
rate category) to meet the service and pricing needs of mailers of non-
printed sheet publications.
    Therefore, in view of the foregoing, the Postal Service requests 
from interested parties, comments and proposals on the following 
subjects:
    1. How are publications on diskette or CD-ROM currently mailed or 
distributed (e.g., via first-class mail, third-class mail, alternate 
delivery services, etc.)?
    2. Should publications in non-printed sheet formats be eligible for 
second-class?
    a. Would allowing formats other than printed paper sheets maintain 
the integrity of second-class?
    b. Should computer diskettes and CD-ROMs be considered ``printed 
sheets?''
    c. If formats other than printed sheets are to be allowed, should 
these formats be limited to computer diskettes and CD-ROMS, or should 
other formats be eligible? What would these other formats be?
    d. If additional formats are to be eligible, would the material 
have to meet the other existing criteria for second-class eligibility, 
such as periodicity?
    e. Should second-class eligibility be limited to media that contain 
information nearly identical to the paper-based issues already eligible 
for second class? For example, should publications containing audio or 
video segments be excluded? If they are not to be excluded, how are 
they to be measured for postage computation purposes? How much or what 
kind of variance between the paper and non-paper formats would be 
appropriate?
    f. If additional formats are allowed, there may be an impact, 
either positive or negative, on postal handling and administrative 
costs, and subsequently, rates. Therefore, should there be additional 
machinability and/or preparation requirements for the new formats?
    g. How should the Postal Service handle the determination and 
verification of advertising percentage, postage, weight, and other 
factors that are physically measurable with printed sheets? Given 
industry trends, is it likely that publications in additional formats 
will evolve in such a way as to make both editorial and advertising 
content increasingly difficult to measure?
    h. Should mixed formats be allowed in a mailing (e.g., paper and 
CD-ROM)?
    3. If any commenter believes that the Postal Service should request 
a recommended decision from the Postal Rate Commission to establish a 
new classification (class, subclass or rate category) that would 
include materials in electronic formats that may or may not meet the 
current requirements for second-class publications, such as periodicity 
or a subscriber/requester list, the commenter is asked to also comment 
on the following:
    a. If a new rate category were to be established, what are the 
current and anticipated future rate and service requirements for 
materials in additional formats? For example, within how many days of 
issue do they need to be delivered locally, nationally, etc.?
    b. What should be eligible for this new classification? Should 
eligibility be limited to publications, or should other items in 
electronic format be included?
    c. Should this classification be a new class, subclass or rate 
category:
    The Postal Service will evaluate the comments and proposals 
received in response to this notice and issue a notice of proposed 
rulemaking if it determines that such action is appropriate.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-3920 Filed 2-22-94; 8:45 am]
BILLING CODE 7710-12-M