[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Rules and Regulations]
[Pages 17593-17594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8261]


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POSTAL SERVICE

39 CFR Part 111


Nonmailable Written, Printed, and Graphic Matter

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This final rule amends the Domestic Mail Manual (DMM) to 
provide for changes to the standards concerning written, printed, and 
graphic matter as a result of the Deceptive Mail Prevention and 
Enforcement Act.

EFFECTIVE DATE: May 4, 2000.

FOR FURTHER INFORMATION CONTACT: Jerome M. Lease, (202) 268-5188.

SUPPLEMENTARY INFORMATION: The Deceptive Mail Prevention and 
Enforcement Act, P.L. 106-168, 39 U.S.C., sub-section 3001, enacted on 
December 12, 1999, generally provides for the nonmailability of certain 
deceptive matter relating to sweepstakes, skill contests, and facsimile 
checks.
    As a result, the Postal Service is amending Domestic Mail Manual 
(DMM) C030, Written, Printed, and Graphic Matter, to include changes to 
the general provisions concerning matter nonmailable by government 
misrepresentation and to provide new standards regarding sweepstakes, 
skill contests, and facsimile checks.
    The changes announced in this notice are effective May 4, 2000, and 
will be announced in the Postal Bulletin and incorporated into future 
issues of the DMM. These amendments are being published without a 
notice and comment provision because they implement a change in 
statutory wording.
    For the reasons discussed above, the Postal Service hereby adopts 
the following amendments to the Domestic Mail Manual, which is 
incorporated by reference in the Code of Federal Regulations (see 39 
CFR part 111).

List of Subjects in 39 CFR Part 111

    Postal Service.

PART 111--[AMENDED]

    1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-
3011, 3201-3219, 3404-3406, 3621, 3626, 5001.

    2. Revise part C030 of the Domestic Mail Manual to include the 
following revisions and additional sections 6.0, 7.0, 8.0, and 9.0 to 
read as follows:

C Characteristics and Content

C000 General Information

* * * * *

C030 Nonmailable Written, Printed, and Graphic Matter

C031 Written, Printed, and Graphic Matter Generally

* * * * *
2.0  SOLICITATIONS DECEPTIVELY IMPLYING FEDERAL CONNECTION, APPROVAL, 
OR ENDORSEMENT (39 USC 3001(H) AND 3001(I); 39 USC 3005)
* * * * *

2.2  Nonmailable by Government Misrepresentation

    A solicitation that misrepresents a government entity is 
nonmailable subject to these conditions:
    a. Matter that contains a solicitation for products, services, 
information, or funds which imply any federal government connection, 
approval, or endorsement through the use of a seal, insignia, reference 
to the Postmaster General, citation to a federal statute, name of a 
federal agency, department, or commission, or program, trade, or brand 
name, or any other term or symbol; or contains any reference to the 
Postmaster General or a citation to a federal statute that 
misrepresents either the identity of the mailer or the protection or 
status afforded such matter by the federal government is nonmailable 
unless it conforms to 2.3. A nonconforming solicitation constitutes 
prima facie evidence of violation of 39 USC 3005. Compliance with 2.3 
does not avoid violation of 39 USC 3005 if the solicitation or 
accompanying information misrepresents material fact such as the 
nature, value, quantity, quality, or efficacy of the products or 
services offered for sale, or of the activities of an organization 
asking for information or monetary contributions.
    b. Such solicitations must not contain a false representation that 
federal government benefits or services will be affected by whether or 
not the recipient makes a purchase or contribution.
    c. Solicitations for payment for services otherwise available to 
the recipient free of charge from the federal government are 
nonmailable unless they contain a clear and conspicuous statement 
giving notice of that fact.

2.3  Permitted Solicitations

    A solicitation described in 2.2(a) may be mailable if it meets at 
least one of these conditions (see Exhibit 2.3):
    [No other changes to current a, b, and c.]
* * * * *
    [Add new 6.0 to read as follows:]
6.0  SWEEPSTAKES MATTER (39 USC Sec. 3001(k)(3)(A))

6.1  Definition

    The term sweepstakes means a game of chance for which no 
consideration is required to enter.

6.2  Mailable Matter

    Sweepstakes matter is mailable only if it discloses all of the 
following:
    a. In the body, in the rules, and on the order or entry form that 
no purchase is necessary.

[[Page 17594]]

    b. In the body, in the rules, and on the order or entry form that a 
purchase will not increase the odds of winning.
    c. All terms and conditions, including rules and entry procedures 
of the sweepstakes.
    d. The sponsor or mailer, with the principal place of business or 
address at which the sponsor or mailer may be contacted.
    e. Sweepstakes rules, including the odds of winning, quantity, 
value, and nature of the prize and the schedule of any payments over 
time.

6.3  Nonmailable Matter

    Sweepstakes matter is nonmailable if it does any of the following:
    a. Represents that individuals not making a purchase may be 
disqualified from receiving future solicitations.
    b. Requires that the entry be accompanied by an order or payment 
for a product or service previously ordered.
    c. Represents that the recipient has won a prize unless that 
individual has won such prize.
    d. Otherwise contradicts or is inconsistent with any disclosure 
required by 6.2 or 6.3.
7.0 SKILL CONTESTS (39 USC 3001(k)(3)(B))

7.1  Definition

    The term skill contest means a puzzle, game, competition, or other 
contest in which a prize is awarded, the outcome depends upon the skill 
of the contestant, and for which a payment, purchase, or donation is 
required to enter.

7.2  Mailable Matter

    Skill contests are mailable only if they include all of the 
following:
    a. Disclose the terms and conditions of the contest, including the 
rules and entry procedures.
    b. Disclose the sponsor or mailer, with the principal place of 
business or address at which the sponsor or mailer may be contacted.
    c. Contain rules that state all of the following:
    (1) Number of rounds or levels and the cost to enter each round.
    (2) If subsequent rounds will be more difficult.
    (3) Maximum cost to enter all rounds.
    (4) Number of entrants or percentage expected to correctly solve 
the contest.
    (5) Identity or qualifications of the judges, if judged by other 
than the sponsor.
    (6) Method of judging.
    (7) Dates the winners will be determined and the prizes awarded.
    (8) Quantity, value, and nature of the prize.
    (9) Schedule of any payments over time.
8.0 FACSIMILE CHECKS (39 USC Sec. 3001(k)(3)(C))
    A facsimile check is nonmailable unless it states on the face of 
the check that it is not a negotiable instrument and has no cash value.
9.0 EXCLUSIONS AND DISCLOSURES (39 USC Secs. 3001(k)(4) & 3001(k)(5))

9.1  Mailable Matter

    Matter described in 6.0, 7.0, and 8.0 is mailable if it appears in 
a magazine, newspaper, or other periodical if the promotions are not 
directed to a named individual, or the promotions do not include the 
opportunity to make a payment or order a product or service.

9.2  Notices and Disclaimers

    Any notice or disclaimer required under 6.0, 7.0, or 8.0 shall be 
clearly and conspicuously displayed. Disclaimers required by 6.2a and 
6.2b must be more conspicuously displayed than any other disclaimer.
10.0 REMOVAL OF NAMES FROM MAILING LISTS (39 USC Sec. 3001(l))

10.1  Lists

    In general, any person who uses the mails for any mailing falling 
under 2.0, 6.0, 7.0, or 8.0 shall adopt reasonable practices or 
procedures to prevent the mailing of such matter to any person who, 
personally or through their legal representative, submits a written 
request that no such matter shall be mailed to that person. Such 
request may be made either to the mailer, or the Attorney General, or 
their representative, of the appropriate state. Such requests shall be 
honored for a period of five years from the date of the request. The 
mailer shall maintain a record of all such written requests.

10.2  Special Requirements for Sweepstakes and Skill Contests 
(Effective December 12, 2000.)

    Any promoter of sweepstakes or skill contests must make a clear and 
conspicuous disclosure of the address or toll-free telephone number by 
which an individual, or their duly authorized representative, may 
notify a promoter to have that individual's name and address removed 
from all lists of names and addresses used by that promoter to mail any 
skill contest or sweepstakes. Promoters have 60 days from the date of 
receipt of the removal request to effect the removal of the name and 
address from all mailing lists used by that promoter for any skill 
contest or sweepstakes.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-8261 Filed 4-3-00; 8:45 am]
BILLING CODE 7710-12-P