[Federal Register Volume 59, Number 138 (Wednesday, July 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17714]
[[Page Unknown]]
[Federal Register: July 20, 1994]
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POSTAL SERVICE
39 CFR Part 111
Contents of Second-Class Mail
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: This proposal would revise the present standards in the
Domestic Mail Manual (DMM) on materials eligible for mailing at second-
class rates with authorized second-class publications. The proposal
would remove the current advertising limitation on loose supplements to
bound publications and adopt a more objective test for determining what
material can be mailed as a supplement. The proposal would revise the
regulations on pages with ``novel'' characteristics, giving publishers
more latitude in page design. The provisions concerning the mailing of
products and product samples have been liberalized. A new provision has
been added specifying how advertising content of second-class
publications is to be measured. A provision has also been added
defining public service announcements. Finally, the proposal would
reorganize and clarify a number of additional standards for second-
class mail concerning addressing, mailpiece construction, rate
eligibility, and postage payment. These additional changes are
editorial rather than substantive in nature.
DATES: Comments on this proposal must be received on or before
September 19, 1994.
ADDRESSES: Written comments should be mailed or delivered to the
Manager, Business Mail Acceptance, U.S. Postal Service, 475 L'Enfant
Plaza SW, Room 8430, Washington, DC 20260-6808. Copies of all written
comments will be available for inspection and photocopying between 9
a.m. and 4 p.m., Monday through Friday, at the above address.
FOR FURTHER INFORMATION CONTACT: Jerome M. Lease, (202) 268-5188, or
Alixe Johnson, (312) 765-5487.
SUPPLEMENTARY INFORMATION: In the mid-1980s the Postal Service
undertook an extensive review of the regulations governing what could
be mailed as part of a periodical publication at second-class postage
rates, with a special focus on supplements to second-class
publications. Beginning in September 1986, the Postal Service published
four proposed rules, culminating in a final rule that was published 2
years later. 53 FR 35813 (September 15, 1988). The final rule explained
that then-recent changes in technology--specifically the introduction
of equipment making it practical to insert a publication into a sealed
plastic wrapper (polybag)--made it possible for publishers of bound
second-class publications to include with their publications additional
materials that are separate and distinct from the publication. A number
of publishers were in favor of taking advantage of this new technology,
but others were concerned that allowing separately prepared material to
be enclosed loose in a polybag at second-class rates would cause an
undesirable movement of printed advertising materials from third-class
mail to second-class mail.
The Postal Service noted the difficulty in reaching an appropriate
balance between the conflicting concerns and interests in this area,
and was hopeful that the rulemaking would resolve these issues. To
counter arguments that second-class mail would be harmed by the
inclusion of too much advertising in the form of loose supplements
riding along with bound second-class publications, the final rule
adopted, among other things, requirements that a loose second-class
supplement and its host bound publication must be enclosed in an
envelope or wrapper, that the supplement must contain a minimum of 25
percent nonadvertising content, and that the supplement must be marked
``Supplement to'' followed by the name of the publication or the
publisher.
Although that rulemaking was at least partially successful in
achieving its goals, experience over the past 6 years indicates that
further revisions may be appropriate. Technological advancements, such
as selective binding, continue to affect the design of publications,
and publishers continue to seek to include materials with second-class
publications that were not contemplated at the time the current
regulations were adopted. Many publishers consider the 25 percent
nonadvertising rule for loose supplements to be burdensome and
inappropriate as a means of curbing the influx of advertising in
second-class mail. Many publishers also consider the current
restrictions on the use of pages with ``novel'' characteristics and the
inclusion of products and product samples to limit unduly their
creativity in designing publications that appeal to their readers and
advertisers. These publishers also point out that private delivery
companies do not impose similar restrictions on their delivery of
publications.
The most significant problem with the current regulations from the
Postal Service's perspective is the difficulty in applying these
standards. This problem is not limited to customers, but exists for
postal personnel as well, as is demonstrated by the relatively large
number of revenue deficiencies and decisions overturned on
administrative appeal that concern the mailing of supplements, novelty
pages, and products with second-class publications. This difficulty of
application creates additional expense for the Postal Service in
training and in mail acceptance, and it compromises the ability of the
Postal Service to collect consistently the correct postage on second-
class mailings.
Accordingly, the Postal Service undertook a review of the standards
that pertain to the content of second-class mail. This included review
of the terminology involved (e.g., supplements, enclosures,
attachments, novelty pages, independent publications), the substantive
rules concerning eligibility of these materials for second-class rates,
the clarity of the existing rules, and the organization of these rules
in the DMM. The result of this review is the instant proposal for
substantive and editorial changes to, and deletion of a number of,
existing rules with the renumbering and reorganizing of these rules for
clarity and ease of use.
The Postal Service believes that the proposed rules, if adopted,
will reduce the costs of mail acceptance and training, and facilitate
timely collection of the appropriate postage on second-class mailings.
The Postal Service also believes that the proposed elimination of a
number of restrictions on publication design will promote publishers'
continued use of the Postal Service for delivery of their periodical
publications. Moreover, the proposed changes are not expected to have
any adverse operational effect on the Postal Service.
To provide clarity and improve the organization of the mailing
standards governing the contents and characteristics of second-class
mail, Domestic Mail Manual (DMM) C200 has been completely reorganized
and renumbered under four main headings: 1.0 Permissible Mailpiece
Components, 2.0 Impermissible Components, 3.0 Mailpiece Construction,
and 4.0 Printed Features. Within these sections are subsections that
specifically identify what may and may not be included in a mailpiece
claimed at second-class rates. The following discussion identifies the
significant changes being proposed in C200.
The reference to pages of a second-class publication in proposed
C200.1.1 is new and describes those printed sheets that form the
second-class mailpiece. Rather than addressing advertising and
``novelty pages'' in separate standards (as is currently done in
C200.5.0 and 6.0), this proposed section sets forth a general rule that
provides that the pages in a second-class publication, whether they
contain advertising or nonadvertising matter or both, may be prepared
with novel or unusual characteristics, i.e., different size, shape, or
construction. This proposed change would limit the number of these
pages to a minor portion of the publication so that the general
appearance of the material as a ``periodical publication'' is
maintained. In proposing this greater latitude on the preparation of
pages to a publication, the Postal Service is concerned that publishers
might create publications whose physical characteristics would encumber
efficient postal processing. Therefore, this provision includes a
requirement that no page may have dimensions (when folded) that exceed
the dimensions of the cover of the publication.
In another change from current standards, this new pages section
would allow the use of grommets, string, rubber bands, and similar
types of fastening materials in minor amounts in the production of
printed sheets. The Postal Service has concluded that allowing the use
of minor amounts of these fastening materials in the preparation of
pages is consistent with the existing practice of allowing second-class
publications to be bound with staples, saddle stitching, or spiral
binding.
The mailing standards governing the preparation of parts and
sections in proposed C200.1.2 remain unchanged, although current
C200.2.0, 2.1, 2.2, and 2.3 have been condensed into one paragraph. The
provision governing parts or sections produced by someone other than
the publisher has been retained in 1.2 to preserve the distinction
between parts and sections of a publication and supplements to a
publication.
Nonincidental enclosures at First- and third-class rates are
covered in proposed C200.1.3, which is composed of former 8.1, 8.3b,
8.4, 8.6, and 10.2. The wording has been changed for clarity.
Proposed C200.1.4 incorporates current sections (C200.3.2, 3.3,
7.1, 7.2, and 7.3) governing enclosures and attachments mailable at
second-class rates. The last sentence of current 3.2f (proposed
C200.1.4b) is deleted to remove the single-fold limitation on a printed
sheet accompanying a receipt, request, or order for a subscription. The
Postal Service does not believe that it is necessary to limit the
method used by publishers in producing this material.
The proposal allows all items listed in C200.1.4 as permissible
second-class enclosures to be treated as neither advertising nor
nonadvertising, but instead to be accounted for in the weight of the
host publication when determining postage. This is a change in the
interpretation of current rules that distinguish between the
subscription order or requester form and any additional material that
promotes the publisher's publications. Allowing these permissible
enclosures to be accounted for only in the weight of the host
publication will simplify the acceptance review process without any
significant effect on postal revenues.
The proposed supplements section in C200.1.5 would change the
standard concerning loose supplements to bound publications to
eliminate the current requirement that such a supplement contain at
least 25 percent nonadvertising content. If adopted, this change would
allow publishers to include loose supplements with bound publications
that could consist of up to 100 percent advertising. This change is
being proposed in response to widespread requests from publishers for
an elimination of this provision. These publishers argue that this
provision is an unnecessary restriction on their ability to choose
whether to place advertising matter in the host publication or in an
accompanying loose supplement. They argue that competitors of the
Postal Service impose no such restrictions on the nonpostal delivery of
publications. They also argue that the responses by some publishers to
the 25 percent nonadvertising requirement (e.g., the use of such
devices as public service announcements that say such things as ``Just
Say No To Drugs'') demonstrate the uselessness of the provision as a
means to increase the ``editorial'' content of second-class
publications. These publishers argue that the overall requirement that
second-class publications contain a substantial amount of
nonadvertising content and the need to provide substantial editorial
content to satisfy their subscribers are sufficient safeguards of the
integrity and value of second-class mail. These publishers also
correctly state that all advertising in supplements will be accounted
and paid for at the advertising rates because the determination of a
publication's advertising/nonadvertising content is based on the host
piece and any supplements. The Postal Service finds that these
arguments have merit and has determined to propose the elimination of
the 25 percent nonadvertising content requirement for comment by all
interested parties.
The proposed supplements section also includes clarifying
provisions, based on current standards and on Postal Service rulings,
restricting the inclusion of loose sheets of advertising as a
supplement. These provisions describe the permissible preparation of
supplements for the four different methods of second-class mailpiece
preparation--a bound publication not enclosed in a wrapper, a bound
publication enclosed in a wrapper, and an unbound publication not
enclosed in a wrapper, an unbound publication enclosed in a wrapper.
Bound and unbound publications are defined in C200.3.1. The standards
proscribing the use of mailing wrappers are set forth in C200.3.3 and
3.4.
A bound publication that is not enclosed in a wrapper may not have
any supplements included loose with it. Only enclosures under C200.1.4
may be included loose in a bound publication. A bound publication with
one or more supplements must be enclosed in a wrapper. If a supplement
to a bound publication is made up of more than one printed sheet, all
sheets making up the supplement must be bound together to form one
piece. If not, each loose sheet must separately qualify as a
supplement. A supplement to an unbound publication that is not enclosed
in a wrapper must be combined with, and inserted within, the
publication. A loose supplement may be included with an unbound
publication only if the entire mailpiece is enclosed in a wrapper.
The proposed supplements section will retain the requirement that
loose supplements to bound publications contain the identification
``Supplement to'' followed by the name of the publication or the
publisher. This requirement to identify a supplement will also apply to
any loose supplement mailed with an unbound publication enclosed in a
wrapper. The presence of the ``Supplement to'' statement is an
objective demonstration that the publisher designed the material to be
included as a supplement to the host publication. The Postal Service
believes that the retention of this identification requirement, the
retention of the general requirement in C200.4.3 that all
advertisements in bound publications must be permanently attached, and
the clarification in C200.1.5 that any multisheet supplement to a bound
publication must also be bound together will effectively limit the
inclusion of miscellaneous loose advertising pieces with second-class
publications enclosed in wrappers.
The section on attachments (proposed C200.1.8) consolidates the
wording contained in current 4.3 pertaining to the addition of stickers
on covers of second-class publications or on mailing wrappers.
Additionally, proposed 1.8 includes information currently contained in
10.1 and 10.4, regarding the required markings for nonincidental First-
and/or third-class enclosures.
Except for its movement from A200.2.0 to C200.1.10, the provision
allowing label carriers remains unaltered. Placement in C200 is more
appropriate for these standards because they will be with the sections
governing what may be combined loose in a polybag or plastic wrapper
and mailed at the second-class rates (a mailing practice that commonly
uses a label carrier).
Publishers have also complained about the subjective nature of the
current standards concerning what material may not be included as a
loose supplement at second-class rates. For example, current rules
state that an independent publication may not be sent at second-class
rates. Those rules then require the reviewer to determine the
independence of material by making a subjective judgment based on a
number of factors. Although the specified items (such as independent
publications) remain ineligible for mailing at second-class rates (even
if bound into publications), the Postal Service has undertaken to
respond to publishers' concerns by explaining these restrictions more
clearly. For this reason, proposed C200.2.1 sets forth a general
standard that all the impermissible components in 2.2 to 2.5 are
prohibited from being mailed at second-class rates whether they take
the form of a run-of-press page, supplement, bound-in advertisement, or
other component of the publication. Proposed C200.2.2 would base the
decision on what constitutes impermissible matter on a review of the
questionable material against a list of objective criteria, any one of
which will automatically make that material ineligible for mailing at
second-class rates. These criteria are a separate price or subscription
instructions;theword``catalog'';aFirst-,
third-, or fourth-class permit imprint; an International Standard Book
Number (ISBN); or an International Standard Serial Number (ISSN). The
Postal Service believes that this change will simplify the
determination of what constitutes impermissible second-class matter.
This change is expected to benefit publishers by reducing the
uncertainty and confusion they have experienced with regard to the
current and more subjective standards.
Current standards restrict the inclusion of products and product
samples (see C200.1.8) in items mailed at the second-class rates.
Proposed C200.2.3 would continue to exclude products, such as
stationery, cassettes, and floppy disks, that are not printed sheets,
but the proposed section would no longer prohibit product samples that
are otherwise formed of printed sheets. The Postal Service believes
that applying the general requirement that all second-class matter must
be formed of printed sheets is a sufficient standard to limit the
inappropriate mailing of products and product samples at second-class
rates. Additionally, this section would relax current interpretations
on what constitutes a product or merchandise when the item is a printed
sheet. For example, under specific conditions, a 12-month calendar or a
poster will now be eligible to be mailed at second-class rates if it is
not separately distributed or offered for sale. Including the name of
the host publication, issue or issue date, and relating such a piece to
advertising or nonadvertising within the content of the host
publication would provide further proof that the piece is properly
prepared as a page of the publication.
To ensure that second-class mail is transported and delivered
intact, proposed C200.3.3 specifies what may be included loose within a
second-class publication without requiring wrapping. For consistency,
proposed C200.3.4 has been added to provide guidance on when wrappers
are required.
Proposed C200.3.5 includes all the standards governing protective
covers in current C200.4.1. In recognition of the practicalities of
publication production, the requirement that a protective cover cover
completely a publication is changed to allow the cover to be smaller
than the publication if it extends to within \3/4\ inch of the edge of
the publication opposite the fold or binding. No similar allowance has
been proposed for the top and bottom edges of a protective cover
because the Postal Service has had no indication from publishers that
there is any problem with covers matching a publication's top and
bottom edges.
The proposed advertising standard in C200.4.3 blends the contents
of current C200.6.1 and 6.4 and explains that all advertisements must
be prepared as an integral part of the publication and that, except for
advertisements prepared as supplements and advertisements on printed
matter included as part of a receipt or order for subscriptions (or
requests), all advertisements in a bound publication must be
permanently attached. The provision in current C200.6.3 concerning the
types of material that can comprise printed sheets has been moved to
E211.3.0, the eligibility section that includes the printed sheet
standard.
Additionally, several new proposed sections have been added to
provide clarifying definitions, such as C200.1.6 (covers), 1.7 (mailing
wrappers), and 3.1 (bound/unbound). Other sections have been proposed
to clarify further what is allowable and what is excluded at second-
class rates, e.g., the proscription against combining fourth-class mail
with second-class mail.
The proposed rule also contains an expanded definition of public
service announcements in E211.11.2, to clarify those announcements that
do not have to be treated as advertising matter. An expanded standard
explaining procedures to be followed when measuring advertising in
second-class publications is proposed in new P070.1.7. This provision,
which is based on Postal Service rulings, is designed to ensure uniform
treatment of blank space in publications. Section E211.7.3 has been
revised to clarify that materials such as annual reports, directories,
and lists may be included as supplements to second-class publications.
Minor nonsubstantive changes have also been proposed to DMM modules A,
E, and P.
Although exempt from the notice and comment provisions of the
Administrative Procedures Act (5 U.S.C. 553(b) and (c)) regarding
proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites
public comments on the following proposed amendments of the Domestic
Mail Manual, which is incorporated by reference in the Code of Federal
Regulations. See 39 CFR part 111.1.
List of Subjects in 39 CFR Part 111
Postal Service.
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 remains as follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. Renumber existing Domestic Mail Manual A200.1.0 (including
Exhibit 1.3) as A010.7.0; renumber subsections accordingly and revise
as shown below; delete remainder of existing A200.
A010 General Information
* * * * *
7.0 ADDITIONAL STANDARDS FOR SECOND-CLASS MAIL
7.1 Preparation
[Insert text of existing A200.1.1.]
7.2 Address Labels
[Insert text of existing A200.1.2.]
7.3 Address Placement
The delivery address must be clearly visible on or through the
outside of the mailpiece, whether placed on a label or directly on the
host publication, a component, or the mailing wrapper. If placed on the
mailing wrapper, the address must be on a flat side, not on a fold (see
Exhibit 7.3). If a polybag is used, the address must not appear on a
component that rotates within the bag, and the address must remain
visible throughout the addressed component's range of motion.
7.4 Return Address
The return address must appear on any mailing wrapper that is also
endorsed ``Return Postage Guaranteed.''
3. Revise all Domestic Mail Manual C200, Second-Class Mail, to read
as follows:
C200 Second-Class Mail
1.0 PERMISSIBLE MAILPIECE COMPONENTS
1.1 Pages
Pages are the printed sheets forming the publication or one of the
mailpiece's components, bearing advertising, nonadvertising, or both,
including those having textual and graphic matter (see E211.2.4); blank
spaces for writing or marking; and material to be completed or used by
the reader. A minor portion of the pages in a second-class mailpiece
may have unusual characteristics, such as a different size, shape, or
construction, or portions that may be wholly or partially separable;
and pages prepared for folding out. No page may have dimensions (when
folded, if folded) that exceed the dimensions of the cover of the
publication. Pages are also subject to these standards:
a. A detachable coupon, application, or order form must relate
directly to advertising or nonadvertising matter printed on the page of
which it is a part or to which it is attached.
b. Multilayer pages, including those formed by sheets glued
together and those that have unusual shapes, such as cutouts, movable
flaps, or ``pop-ups,'' may include small amounts of fastening material
such as grommets, string, or rubber bands as needed to assemble the
page. Multilayer pages may also be formed as pouches or pockets but may
contain only permissible loose enclosures (see 1.4) or other securely
affixed permissible components.
c. Multiple pages may be held together by staples or other means
separate from and in addition to the regular binding of the
publication.
d. Oversized pages may be used for illustrations, charts, maps, and
other advertising and nonadvertising content.
1.2 Parts and Sections
Parts and sections are pages (subject to 1.1) that are physically
separate subdivisions of the publication, as identified by the
publisher. Each part or section must show the name of the publication,
and the number of parts or sections in the issue must be stated on the
cover of the first part or section. Parts or sections produced by
someone other than the publisher may not be mailed at second-class
rates if these parts or sections are prepared by or for advertisers or
if they are provided to the publisher free or at a nominal charge. On
request, publishers must submit to the RCSC serving the known office of
publication contracts entered into with producers of parts or sections.
1.3 Enclosures at First- or Third-Class Rates
Matter to be paid at the applicable First- or third-class rate may
be enclosed in a second-class mailpiece subject to these conditions:
a. The total weight of all enclosed third-class matter must be less
than 16 ounces.
b. Postage and fee payment is subject to P070. A permit imprint
that may appear on a First- or third-class enclosure must not be
visible when the mailpiece is prepared for mailing except as provided
under P070.
c. When enclosing nonincidental First- or any third-class mail,
combination envelopes or containers with separate parts for the two
classes of mail may be used. If both the sender's and addressee's names
and addresses are not on both pieces, the sender's name and address
must be placed on one and the addressee's name and address on the
other. Combination containers with inseparable parts may bear the names
and addresses on only one part.
d. The applicable ``First-Class Mail Enclosed'' or ``Third-Class
Mail Enclosed'' marking must be placed on or in the host publication if
it contains a nonincidental First- or third-class enclosure. If placed
on the outer wrapper, polybag, envelope, or cover of the host
publication, the marking must be set in type no smaller than any used
in the required ``POSTMASTER: Send change of address . . .'' statement.
If placed in the identification statement, the marking must meet the
applicable standards. The marking must not be on or in copies not
accompanied by a First- or third-class enclosure unless additional
information is provided under the applicable postage payment standards
in P070.
1.4 Enclosures at Second-Class Rates
Only the following material may be included loose as an enclosure
in a second-class mailpiece and be paid at second-class rates, subject
to the corresponding conditions:
a. An incidental First-Class piece that must be closely related but
secondary to the second-class publication with which it is enclosed,
and that consists of matter that, if mailed separately, would require
First-Class postage. Examples of an incidental First-Class enclosure
are a bill for the publication, a statement of account for past
publication purchases, or a personal message or greeting included with
the publication.
b. A receipt, request, or order for a subscription that may be
printed or written; prepared as a card or envelope, including business
reply, or as a combination form for the host and one or more second-
class publications issued by the same publisher; arranged to include a
coin receptacle; and inserted in an envelope within the publication.
The receipt or request may be part of or accompanied by a single sheet
of printed matter containing information related exclusively to a
receipt or request or order for a subscription to the host second-class
publication (or a combination of the host and other second-class
publications of the same publisher), if that printed matter does not
advertise, promote, or offer for sale other products or services.
c. A card or form for the recipient's use in providing address
correction information to the publisher that may be printed or written;
prepared as a card or envelope, including business reply, or as a
combination form for two or more second-class publications issued by
the same publisher; inserted in an envelope that is attached to, bound
in, or loose within the publication; or prepared as a detachable part
of another permissible enclosure. Enclosures listed in 1.4b and 1.4c
are not counted when determining the percentage of advertising in the
publication, but they are included in the total weight of the
publication reported on the mailing statement. If the publication
otherwise consists entirely of nonadvertising matter, an incidental
First-Class enclosure as described in 1.4a may be treated as
nonadvertising matter. In all other cases, an incidental First-Class
enclosure is considered part of the advertising portion of the
publication.
1.5 Supplements
A supplement is one or more pages (subject to 1.1) formed by one or
more printed sheets that are not bound into a publication. A bound
publication with one or more supplements must be enclosed in a wrapper
(see 3.3 and 3.4). If a supplement to a bound publication is formed of
more than one sheet, all sheets comprising the supplement must be bound
together. Except where the mailpiece is enclosed in a wrapper (see
3.4), a supplement to an unbound publication must be combined with, and
inserted within, the publication. A loose supplement may be included
with an unbound publication only if the mailpiece is enclosed in a
wrapper (see 3.4). A supplement may be devoted to a single topic, and
may contain material different from that in the host publication. The
external dimensions of a supplement (i.e., its length and height) may
not exceed those of the host publication. Each supplement to a bound
publication and loose supplements included with unbound publications
must bear the printed endorsement ``Supplement to'' followed by the
name of the publication or publisher.
1.6 Covers
A cover may be placed on the outside of a second-class publication.
A protective cover is an additional cover placed around the outside of
a publication; preparation is subject to 3.5. Advertising,
nonadvertising, or both may be printed on the cover or protective
cover. The cover and protective cover on a publication are included
when measuring advertising percentage. Nothing may be attached to the
cover or protective cover except as permitted under 1.8.
1.7 Mailing Wrappers
A mailing wrapper is an envelope, sleeve, or polywrap used to
enclose the mailpiece. Advertising may be printed on the mailing
wrapper and is included when measuring advertising percentage. Nothing
may be attached to the mailing wrapper except as permitted under 1.8.
1.8 Attachments
The following may be attached to a page, cover, protective cover,
or mailing wrapper of a publication, subject to the corresponding
standards:
a. Stickers of any size and shape. If attached to the cover,
protective cover, or mailing wrapper, no portion of the publication's
name may be obscured.
b. Material that is allowed as a loose enclosure described in 1.3
or 1.4. When nonincidental First- and/or third-class enclosures (see
1.3) are attached, the marking ``First-Class'' or ``Letter Enclosed''
must be on a First-Class attachment; ``Third-Class,'' on a third-class
attachment.
1.9 Printed Additions
Only the following may be printed on a copy of a second-class
publication after it is printed, or placed on its cover, protective
cover, or mailing wrapper:
a. The name and address of the intended recipient or of the
publisher or sender.
b. The printed title of the publication and its place of
publication.
c. The date the subscription ends.
d. Requests for address-correction information from the addressee.
e. The words ``Sample Copy'' (on a sample), ``Marked Copy'' (when
the copy contains a marked item or article), or ``Return Postage
Guaranteed'' (when the copy is to be returned to the sender if
undeliverable as addressed).
f. The number of copies enclosed (on the outside of a package) or a
package count (e.g., ``2 of 4'') (on a package wrapper).
g. Corrections of typographical errors or a mark, except by written
or printed words, to call attention to a word or passage.
h. Printed messages not required to be mailed as First-Class or
Express Mail.
1.10 Label Carriers
A label carrier is a single unfolded, uncreased sheet of card or
paper stock, securely affixed to the cover of the publication or large
enough so that it does not rotate inside the wrapper or cover the
publication title (if placed over the front cover), that is used to
carry the delivery address for the mailpiece, subject to these
conditions:
a. It must bear the title of the second-class publication; the
second-class imprint or ``Second-Class'' endorsement in the upper right
corner of the address side (unless ``Second-Class'' is printed on the
address side of the polybag); and the address to which the mailpiece
can be returned if undeliverable (if endorsed ``Return Postage
Guaranteed'').
b. If the address remains clearly visible, the label carrier may
also bear a request for address correction from the addressee;
information for requesting or subscribing to the publication; or a
subscription or request form.
c. As applicable, the label carrier may show the endorsement
``First-Class Mail Enclosed'' or ``Third-Class Mail Enclosed'' or the
permit imprint used to pay postage for the First- or third-class
enclosure if the imprint is below the second-class imprint or the
endorsement ``Second-Class.''
d. Other printed information, whether advertising or
nonadvertising, is permitted only on the back of the label carrier and
is subject to measurement and postage payment accordingly. A single
line of text calling attention to information on the reverse may be
placed on the front of the label carrier. If any information on the
reverse of the label carrier is advertising, the line of text on the
front is also treated as advertising.
2.0 IMPERMISSIBLE COMPONENTS
2.1 General Standard
Regardless of preparation or characteristics, or whether otherwise
meeting the standards in 1.0, the materials described in 2.2 through
2.5 are not eligible for second-class rates and may not form, or be
included, in a second-class mailpiece.
2.2 Prohibited Matter
Material that either contains any one of the following printed
items, or that is referred to in a component of the second-class
mailpiece (by the use of one of these items), is ineligible to be
mailed at second-class rates:
a. A separate price or subscription instructions different from the
host publication.
b. The word ``Catalog.''
c. A First-, third-, or fourth-class permit imprint.
d. An ISBN (International Standard Book Number).
e. An ISSN (International Standard Serial Number) different from
the ISSN of the host publication.
2.3 Products
Products may not be mailed at second-class rates. Examples include
stationery (pads of paper or blank printed forms); cassettes; floppy
disks; merchandise; envelopes containing enclosures, other than
receipts, orders for subscriptions, and incidental First-Class matter;
and wall, desk, and blank calendars. Printed pages, including oversized
pages and calendars, are not considered products if they are not
separately distributed or offered for sale, bear the name of the host
publication and the issue or issue date, and relate to other
advertising or nonadvertising content of the host publication.
2.4 Fourth-Class Mail
Fourth-class mail may not be combined with a second-class
publication.
2.5 Nonprinted Sheets
Any matter not formed of printed sheets (except as permitted under
1.1b) is not eligible for second-class rates.
3.0 MAILPIECE CONSTRUCTION
3.1 Bound/Unbound
Publications may be prepared in either a bound or unbound form,
with or without wrappers unless required by 3.6. A bound publication is
a publication whose pages are securely held together by two or more
staples, spiral binding, glue, stitching, or other permanent fastening.
All other publications are unbound, including folded multisheet and
single-sheet publications and those whose pages are loose and collated
or ``nested,'' or whose pages are held together by a single staple.
3.2 Physical Size
Standards for size or weight may apply to publications claimed at
certain rates. Requester publications must contain at least 24 pages
per issue.
3.3 Without Wrapper
When the mailpiece does not have a mailing wrapper, all the
components of an unbound publication must be combined with and inserted
inside the publication. Only enclosures mailable at second-class rates
under 1.4 may be included loose inside a bound unwrapped publication.
An enclosure under 1.3 or 1.4 may be securely attached on the outside
of an unwrapped publication along the bound edge if it does not exceed
any dimension of the cover of the publication.
3.4 With Wrapper
Except as provided in 4.1, when the mailpiece is completely
enclosed in a mailing wrapper, there are no restrictions on where the
components may be located within that wrapper. When a sleeve or other
partial wrapper is used, the components must be secured so that they do
not fall out during handling. Bound publications carrying loose
supplements or prepared in physically separate parts or sections either
must be totally enclosed in an envelope, plastic wrapper (polybag) or
paper wrapper, or they must be inserted within a sleeve so that the
component parts do not become separated while in the mail.
3.5 Protective Cover
If the mailpiece is not completely enclosed in a mailing wrapper,
any protective cover must cover both the front and back of the host
publication and extend to within at least \3/4\ inch of the edge
opposite the fold or binding. If the host publication is bound, the
protective cover must be permanently attached to the publication.
3.6 APO/FPO Copies
Any single copy of an unbound publication that includes any
enclosures, supplements, or more than one part or section and that is
mailed to an APO/FPO address must be completely enclosed in a mailing
wrapper.
3.7 Sealing
Second-class mail must be prepared so that it can be easily
examined. Mailing publications at second-class postage rates represents
consent by the sender to USPS inspection of the contents whether loose
or inserted in envelopes, wrappers, or other covers. Mailers who want
to ensure that publications are not opened for postal inspection must
pay First-Class rates and mark such mail accordingly.
4.0 PRINTED FEATURES
4.1 Publication Name; Notices
The publication name must be displayed prominently on the
publication, and the name must be visible through or displayed
prominently on any protective cover or mailing wrapper. The publication
name, followed immediately by the USPS publication number, and the
mailing address to which undeliverable copies or change-of-address
notices are to be sent, may be shown in the upper left corner of the
address side of a mailing wrapper, or directly on the outside of the
host publication if it can be read when the mailing wrapper is in
place. The publication number includes an alpha prefix and is to be
within parentheses, e.g., THE NATIONAL WEEKLY (ISSN 9876-543X) or THE
COMMUNITY (USPS 123-456).
4.2 Endorsements
Mailing wrappers that completely enclose the host publication must
bear the words ``Second-Class'' in the upper right corner of the
address area. If a clear plastic wrapper is used, those words may
appear anywhere on the address side of the wrapper or the topmost item
inside.
4.3 Advertising
Advertising (as defined in E211) may be printed on the pages of any
component of a publication, subject to the corresponding standards.
Regardless of location, an advertisement must be prepared as an
integral part of the publication. Except for advertisements in
supplements, and on printed matter included as part of a receipt or
order for subscriptions (or requests), all advertisements in a bound
publication must be permanently attached. Except as provided in
C200.1.4d, all advertising must be included in the advertising portion
of the issue measured under P200. Different advertising may occupy the
same space in different editions of the same issue.
4.4 Marking of Paid Reading Matter (18 USC 1734)
If a valuable consideration is paid, accepted, or promised for the
publication or any editorial or other reading matter in a second-class
publication, that matter must be plainly marked ``advertisement'' by
the publisher. When a single item of paid editorial or other reading
matter occupies more than one page, it need only be marked
``advertisement'' on the first page. The word ``advertisement'' may be
included in a statement that explains why the material is marked
``advertisement.'' Such a statement must be prominent on the first page
of the material and the word ``advertisement'' in the statement must be
in bold or italicized print, or otherwise emphasized so that it can be
plainly seen. Editors or publishers who print such matter without
plainly marking it ``advertisement'' are subject to a fine of not more
than $500.
4. Revise Domestic Mail Manual E211, Standards Applicable to All
Second- Class Mail, to read as follows:
E211 Standards Applicable to All Second-Class Mail
* * * * *
3.0 PRINTED SHEETS
[Insert the following after the first sentence:]
Sheets may be die cut or deckle-edged and may be made of paper,
cellophane, foil, or other similar materials.
* * * * *
7.0 ISSUES
* * * * *
7.3 Contents
Issues may include annual reports, directories, lists, and similar
material prepared as supplements (see C200).
* * * * *
9.0 BACK NUMBERS AND REPRINTS
Second-class rates may be paid on mailings of back issues (if the
publication's second-class entry is in effect); reprint copies of daily
publications printed within 1 week of the issue date; and reprint
copies of other than daily publications printed before the next issue
is printed. Other mailings of reprint or back issues, including
permanently bound reprint or back issues, are subject to the applicable
First-, third-, or fourth-class rates.
* * * * *
11.0 ADVERTISING STANDARDS
* * * * *
11.2 Public Service
Public service announcements are announcements for which no
valuable consideration is received by the publisher, which do not
include any matter related to the business interests of the publisher,
and which promote programs, activities or services of federal, state,
or local governments or of nonprofit organizations, or matters
generally regarded as in the public interest. Public service
announcements are not treated as advertising.
* * * * *
5. Revise Domestic Mail Manual P070, Mixed Classes, to read as
follows:
P070 Mixed Classes
* * * * *
2.0 ENCLOSURES IN SECOND-CLASS PUBLICATIONS
* * * * *
[Delete existing 2.4; renumber succeeding sections accordingly.]
* * * * *
2.8 Computing Permit Imprint Postage
[Renumber as 2.7 and insert the following after the first sentence:]
The enclosure is eligible for the rate for its class of mail that
is most comparable to the presort, automation, and destination
discounts that apply to the second-class host piece. For example, a
third-class enclosure is eligible for the SCF entry discount if the
publication is deposited at the destinating SCF. When more than one
enclosure of the same class of mail is enclosed with a publication,
they are treated as a single enclosure for computing postage.
* * * * *
6. In Domestic Mail Manual P200, Second-Class Mail, renumber
existing 1.7 through 1.11 as 1.8 through 1.12, respectively; delete
existing 2.3; renumber 2.4 and 2.5 as 2.3 and 2.4, respectively; add
new 1.7 to read as follows:
P200 Second-Class Mail
1.0 BASIC INFORMATION
* * * * *
1.7 Measuring Advertising
The total advertising and nonadvertising portions may be determined
by column inches, square inches, pages, or by another recognized unit
of measure, if the same unit of measure is used for both. One full page
of advertising must equal one full page of nonadvertising regardless of
the amount of blank space between each advertisement or nonadvertising
article on a page. If measured in column inches, nonadvertising inches
are determined by subtracting the total measured advertising inches
from the total column inches of the publication. A blank page, portion
of a page, or blank border or margin is counted as advertising if
consideration was received for the whole page, the blank portion, or
the blank border or margin. The border of a page is otherwise
considered neither advertising nor nonadvertising and is not measured,
but it is included in the total weight of the publication for purposes
of postage calculation. When measuring nonrectangular sheets, the
measurement is based on the smallest rectangle that could contain the
irregular sheet; exact measurement is not attempted. When two or more
sheets or parts thereof are glued together, the surface area of each
sheet (front and back) is included when measuring the advertising or
nonadvertising portion.
* * * * *
An appropriate amendment to 39 CFR 111.3 to reflect these changes
will be published if the proposal is adopted.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-17714 Filed 7-18-94; 9:21 am]
BILLING CODE 7710-12-P