[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