[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Rules and Regulations]
[Pages 55100-55102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27247]
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POSTAL RATE COMMISSION
39 CFR Part 3001
Rules of Practice and Procedure: Correction
AGENCY: Postal Rate Commission.
ACTION: Correcting amendments.
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SUMMARY: This document contains corrections to the final rule which was
published on Tuesday, June 25, 1996 (61 FR 32656-32693). The rule
revised Appendix A to Subpart C--Postal Service Rates and Charges of
the Agency's Rules of Practice and Procedure.
EFFECTIVE DATE: October 6, 1996.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, Legal Advisor,
1333 H Street, NW, Suite 300, Washington, D.C. 20268-0001 (202) 789-
6820.
SUPPLEMENTARY INFORMATION: The final rule that is the subject of these
corrections was published to incorporate revisions to Appendix A as a
result of the Governors' Decisions on Recommended Decisions of the
Postal Rate Commission in Docket Nos. MC95-1 and MC96-1.
Need for Correction
As published, the final regulations contain errors which may prove
to be misleading and are in need of clarification.
List of Subjects in 39 CFR Part 3001
Administrative practice and procedure, Postal Service.
For reasons set out in the preamble, 39 CFR part 3001 is corrected
by making the following correcting amendments:
PART 3001--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 3001 continues to read as
follows:
Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662.
Appendix A to Subpart C--Postal Service Rates and Charges
2. Appendix A to Subpart C is amended by removing General
Definitions, Terms and Conditions--Sections 1000 through 6030 from the
Table of Contents and the text of the Appendix.
3. The Table of Contents to Appendix A is amended by adding a new
entry for General Definitions, Terms and Conditions after the entry for
Classification Schedule SS-20--Merchandise Return and preceding the
entry for Rate Schedules to read as follows:
Table of Contents
* * * * *
General Definitions, Terms and Conditions--Sections 1000 through
6030
* * * * *
4. General Definitions, Terms and Conditions--Sections 1000 through
6030 are added following section 20.061 of Classification SS-20 and
preceding Rate Schedules to read as follows:
* * * * *
GENERAL DEFINITIONS, TERMS AND CONDITIONS
1000 GENERAL DEFINITIONS
As used in this Domestic Mail Classification Schedule, the
following terms have the meanings set forth below.
1001 Advertising
Advertising includes all material for the publication of which a
valuable consideration is paid, accepted, or promised, that calls
attention to something for the purpose of getting people to buy it,
sell it, seek it, or support it. If an advertising rate is charged
for the publication of reading matter or other material, such
material shall be deemed to be advertising. Articles, items, and
notices in the form of reading matter inserted in accordance with a
custom or understanding that textual matter is to be inserted for
the advertiser or his products in the publication in which a display
advertisement appears are deemed to be advertising. If a publisher
advertises his own services or publications, or any other business
of the publisher, whether in the form of display advertising or
editorial or reading matter, this is deemed to be advertising.
1002 Aspect Ratio
Aspect ratio is the ratio of width to length.
1003 Bills and Statements of Account
1003.1 A bill is a request for payment of a definite sum of
money claimed to be owing by the addressee either to the sender or
to a third party. The mere assertion of an indebtedness in a
definite sum combined with a demand for payment is sufficient to
make the message a bill.
1003.2 A statement of account is the assertion of the existence
of a debt in a definite amount but which does not necessarily
contain a request or a demand for payment. The amount may be
immediately due or may become due after a certain time or upon
demand or billing at a later date.
1003.3 A bill or statement of account must present the
particulars of an indebtedness with sufficient definiteness to
inform the debtor of the amount he is required to pay to acquit
himself of the debt. However, neither a bill nor a statement of
account need state the precise amount if it contains sufficient
information to enable the debtor to determine the exact amount of
the claim asserted.
1003.4 A bill or statement of account is not the less a bill or
statement of account merely because the amount claimed is not in
fact owing or may not be legally collectible.
1004 Girth
Girth is the measurement around a piece of mail at its thickest
part.
1005 Invoice
An invoice is a writing showing the nature, quantity, and cost
or price of items shipped or sent to a purchaser or consignor.
1006 Permit Imprints
Permit imprints are printed indicia indicating postage has been
paid by the sender under the permit number shown.
1007 Preferred Rates
Preferred rates are the reduced rates established pursuant to 39
U.S.C. 3626.
1008 ZIP Code
The ZIP Code is a numeric code that facilitates the sortation,
routing, and delivery of mail.
2000 DELIVERY OF MAIL
2010 Delivery Services
The Postal Service provides the following modes of delivery:
a. Caller service. The fees for caller service are set forth in
Rate Schedule SS-10.
b. Carrier delivery service.
c. General delivery.
d. Post office box service. The fees for post office box service
are set forth in Rate Schedule SS-10.
2020 Conditions of Delivery
2021 General. Except as provided in section 2022, mail will be
delivered as addressed unless the Postal Service is instructed
otherwise by the addressee in writing.
2022 Refusal of Delivery. The addressee may control delivery of
his mail. The addressee may refuse to accept a piece of mail that
does not require a delivery receipt at the time it is offered for
delivery or after delivery by returning it unopened to the Postal
Service. For mail that requires a delivery receipt, the addressee or
his representative may read and copy the name of the sender of
registered, insured, certified, COD, return receipt, and Express
Mail prior to accepting delivery. Upon signing the delivery receipt
the piece may not be returned to the Postal Service without the
applicable postage and fees affixed.
2023 Receipt. If a signed receipt is required, mail will be
delivered to the addressee (or competent member of his family), to
persons who customarily receive his mail or to one authorized in
writing to receive the addressee's mail.
2024 Jointly Addressed Mail. Mail addressed to several persons
may be delivered to any one of them. When two or more persons make
conflicting orders for delivery for the same mail, the mail shall be
delivered as determined by the Postal Service.
[[Page 55101]]
2025 Commercial Mail Receiving Agents. Mail may be delivered to
a commercial mail receiving agency on behalf of another person. In
consideration of delivery of mail to the commercial agent, the
addressee and the agent are considered to agree that:
a. No change of address order will be filed with the post office
when the agency relationship is terminated;
b. When remailed by the commercial agency, the mail is subject
to payment of new postage.
2026 Mail Addressed To Organizations. Mail addressed to
governmental units, private organizations, corporations,
unincorporated firms or partnerships, persons at institutions
(including but not limited to hospitals and prisons), or persons in
the military is delivered as addressed or to an authorized agent.
2027 Held Mail. Mail will be held for a specified period of
time at the office of address upon request of the addressee, unless
the mail:
a. Has contrary retention instructions;
b. Is perishable; or
c. Is registered, COD, insured, return receipt, certified, or
Express Mail for which the normal retention period expires before
the end of the specified holding period.
2030 Forwarding and Return
2031 Forwarding. Forwarding is the transfer of undeliverable-
as-addressed mail to an address other than the one originally placed
on the mail piece. All post offices will honor change of address
orders for a period of time specified by the Postal Service.
2032 Return. Return is the delivery of undeliverable-as-
addressed mail to the sender.
2033 Applicable Provisions. The provisions of sections 150,
250, 350 and 450 apply to forwarding and return.
2034 Forwarding for Postal Service Adjustments. When mail is
forwarded due to Postal Service adjustments (such as, but not
limited to, the discontinuance of the post office of original
address, establishment of rural carrier service, conversion to city
delivery service from rural, readjustment of delivery districts, or
renumbering of houses and renaming of streets), it is forwarded
without charge for a period of time specified by the Postal Service.
3000 POSTAGE AND PREPARATION
3010 Packaging
Mail must be packaged so that:
a. The contents will be protected against deterioration or
degradation;
b. The contents will not be likely to damage other mail, Postal
Service employees or property, or to become loose in transit;
c. The package surface must be able to retain postage indicia
and address markings;
d. It is marked by the mailer with a material which is not
readily water soluble nor which can be easily rubbed off or smeared,
and the marking will be sharp and clear.
3020 Envelopes
Paper used in the preparation of envelopes may not be of a
brilliant color. Envelopes must be prepared with paper strong enough
to withstand normal handling.
3030 Payment of Postage and Fees
Postage must be fully prepaid on all mail at the time of
mailing, except as authorized by law or this Schedule. Except as
authorized by law or this Schedule, mail deposited without
prepayment of sufficient postage shall be delivered to the addressee
subject to payment of deficient postage, returned to the sender, or
otherwise disposed of as prescribed by the Postal Service. Mail
deposited without any postage affixed will be returned to the sender
without any attempt at delivery.
3040 Methods for Paying Postage and Fees
Postage for all mail may be prepaid by postage meter, adhesive
stamps, or permit imprint, unless otherwise limited or prescribed by
the Postal Service. The following methods of paying postage and fees
require prior authorization from the Postal Service:
a. Permit imprint,
b. Postage meter,
c. Precanceled stamps, precanceled envelopes, and mailer's
precanceled postmarks.
3050 Authorization Fees
Fees for authorization to use a permit imprint are set forth in
Rate Schedule 1000. No fee is charged for authorization to use a
postage meter. Fees for setting postage meters are set forth in Rate
Schedule SS-12. No fee is charged for authorization to use
precanceled stamps, precanceled envelopes or mailer's precanceled
postmark.
3060 Special Service Fees
Fees for special services may be prepaid in any manner
appropriate for the class of mail indicated or as otherwise
prescribed by the Postal Service.
3070 Marking of Unpaid Mail
Matter authorized for mailing without prepayment of postage must
bear markings identifying the class of mail service. Matter so
marked will be billed at the applicable rate of postage set forth in
this Schedule. Matter not so marked will be billed at the applicable
First-Class rate of postage.
3080 Refund of Postage
When postage and special service fees have been paid on mail for
which no service is rendered for the postage or fees paid, or
collected in excess of the lawful rate, a refund may be made. There
shall be no refund for registered, COD, and insured fees when the
article is later withdrawn by the mailer. In cases involving
returned articles improperly accepted because of excess size or
weight, a refund may be made.
3090 Calculation of Postage
When a rate schedule contains per piece and per pound rates, the
postage shall be the sum of the charges produced by those rates.
When a rate schedule contains a minimum-per-piece rate and a pound
rate, the postage shall be the greater of the two. When the
computation of postage yields a fraction of a cent in the charge,
the next higher whole cent must be paid.
4000 POSTAL ZONES
4010 Geographic Units of Area
In the determination of postal zones, the earth is considered to
be divided into units of area thirty minutes square, identical with
a quarter of the area formed by the intersecting parallels of
latitude and meridians of longitude. The distance between these
units of area is the basis of the postal zones.
4020 Measurement of Zone Distances
The distance upon which zones are based shall be measured from
the center of the unit of area containing the dispatching sectional
center facility or multi-ZIP coded post office not serviced by a
sectional center facility. A post office of mailing and a post
office of delivery shall have the same zone relationship as their
respective sectional center facilities or multi-ZIP coded post
offices, but this shall not cause two post offices to be regarded as
within the same local zone.
4030 Definition of Zones
4031 Local Zone. The local zone applies to mail mailed at any
post office for delivery at that office; at any city letter carrier
office or at any point within its delivery limits for delivery by
carriers from that office; at any office from which a rural route
starts for delivery on the same route; and on a rural route for
delivery at the office from which the route starts or on any rural
route starting from that office.
4032 First Zone. The first zone includes all territory within
the quadrangle of entry in conjunction with every contiguous
quadrangle, representing an area having a mean radial distance of
approximately 50 miles from the center of a given unit of area. The
first zone also applies to mail between two post offices in the same
sectional center.
4033 Second Zone. The second zone includes all units of area
outside the first zone lying in whole or in part within a radius of
approximately 150 miles from the center of a given unit of area.
4034 Third Zone. The third zone includes all units of area
outside the second zone lying in whole or in part within a radius of
approximately 300 miles from the center of a given unit of area.
4035 Fourth Zone. The fourth zone includes all units of area
outside the third zone lying in whole or in part within a radius
approximately 600 miles from the center of a given unit of area.
4036 Fifth Zone. The fifth zone includes all units of area
outside the fourth zone lying in whole or in part within a radius of
approximately 1,000 miles from the center of a given unit of area.
4037 Sixth Zone. The sixth zone includes all units of area
outside the fifth zone lying in whole or in part within a radius of
approximately 1,400 miles from the center of a given unit of area.
4038 Seventh Zone. The seventh zone includes all units of area
outside the sixth zone lying in whole or in part within a radius of
approximately 1,800 miles from the center of a given unit of area.
[[Page 55102]]
4039 Eighth Zone. The eighth zone includes all units of area
outside the seventh zone.
4040 Zoned Rates
Except as provided in section 4050, rates according to zone
apply for zone-rated mail sent between Postal Service facilities
including armed forces post offices, wherever located.
4050 APO/FPO Mail
4051 General. Except as provided in section 4052, the rates of
postage for zone-rated mail transported between the United States,
or the possessions or territories of the United States, on the one
hand, and Army, Air Force and Fleet Post Offices on the other, or
among the latter, shall be the applicable zone rates for mail
between the place of mailing or delivery and the city of the
postmaster serving the Army, Air Force or Fleet Post Office
concerned.
4052 Transit Mail. The rates of postage for zone-rated mail
which is mailed at or addressed to an armed forces post office and
which is transported directly to or from armed forces post offices
at the expense of the Department of Defense, without transiting any
of the 48 contiguous states (including the District of Columbia),
shall be the applicable local zone rate; provided, however, that if
the distance from the place of mailing to the embarkation point or
the distance from the point of debarkation to the place of delivery
is greater than the local zone for such mail, postage shall be
assessed on the basis of the distance from the place of mailing to
the embarkation point or the distance from the point of debarkation
to the place of delivery of such mail, as the case may be. The word
``transiting'' does not include enroute transfers at coastal gateway
cities which are necessary to transport military mail directly
between military post offices.
5000 PRIVACY OF MAIL
5010 First-Class and Express Mail
Matter mailed as First-Class Mail or Express Mail shall be
treated as mail which is sealed against postal inspection and shall
not be opened except as authorized by law.
5020 All Other Mail
Matter not paid at First-Class Mail or Express Mail rates must
be wrapped or secured in the manner prescribed by the Postal Service
so that the contents may be examined. Mailing of sealed items as
other than First-Class Mail or Express Mail is considered consent by
the sender to the postal inspection of the contents.
6000 MAILABLE MATTER
6010 General
Mailable matter is any matter which:
a. Is not mailed in contravention of 39 U.S.C. Chapter 30, or of
17 U.S.C. 109;
b. While in the custody of the Postal Service is not likely to
become damaged itself, to damage other pieces of mail, to cause
injury to Postal Service employees or to damage Postal Service
property; and
c. Is not mailed contrary to any special conditions or
limitations placed on transportation or movement of certain
articles, when imposed under law by the U.S. Department of the
Treasury; U.S. Department of Agriculture; U.S. Department of
Commerce; U.S. Department of Health and Human Services, U.S.
Department of Transportation; and any other Federal department or
agency having legal jurisdiction.
6020 Minimum Size Standards
The following minimum size standards apply to all mailable
matter:
a. All items must be at least 0.007 inches thick, and
b. all items, other than keys and identification devices, which
are 0.25 inch thick or less must be
i. rectangular in shape,
ii. at least 3.5 inches in width, and
iii. at least 5 inches in length.
6030 Maximum Size and Weight Standards
Where applicable, the maximum size and weight standards for each
class of mail are set forth in sections 130, 230, 330 and 430.
Additional limitations may be applicable to specific subclasses, and
rate and discount categories as provided in the eligibility
provisions for each subclass or category.
* * * * *
5. In Appendix A under Rate Schedules, the table First-Class Mail
Rate Schedule 221, Letters and Sealed Parcels is amended by removing
under ``Regular, Piece'' the entry for Courtesy Envelope Mail.
Cyril J. Pittack,
Acting Secretary.
[FR Doc. 96-27247 Filed 10-23-96; 8:45 am]
BILLING CODE 7710-FW-P