[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2953-2954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-975]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 111


Periodicals Mail Enclosed With Merchandise Sent at Parcel Post or 
Bound Printed Matter Rates

AGENCY: Postal Service.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule allows sample copies of authorized and pending 
Periodicals publications to be enclosed with merchandise mailed at 
Parcel Post or Bound Printed Matter postage rates.

DATES: Effective October 3, 2004.

FOR FURTHER INFORMATION CONTACT: Donald Lagasse, (202) 268-7269, 
[email protected].

SUPPLEMENTARY INFORMATION: On February 25, 2004, pursuant to 39 U.S.C. 
83623, the Postal Service filed with the Postal Rate Commission a 
request for a decision recommending a minor mail classification change. 
The change allows sample copies of authorized and pending Periodicals 
publications to be enclosed with merchandise mailed at Parcel Post or 
Bound Printed Matter rates. This change was approved by the Board of 
Governors on July 19, 2004, with an implementation date of October 3, 
2004.
    This change does not affect any existing standards (e.g., 
circulation requirements) for Periodicals rates. To determine postage 
on mail entered under the new standard, postage of the Parcel Post or 
Bound Printed Matter rates is based on the combined weight of the 
sample publication and the host piece.
    This change is desirable from the point of view of both publishers 
and the Postal Service because it provides another venue for promoting 
Periodicals and Package Services. The new standards benefit customers, 
printers, advertisers, and all affected parties by providing an 
opportunity for additional subscriptions, thereby creating more revenue 
and volume.

[[Page 2954]]

    Since advertising is not permitted in items mailed at Library Mail 
and Media Mail rates, enclosures of Periodicals publications sample 
copies are limited to Parcel Post and Bound Printed Matter mailpieces.

Summary of Comments

    The Postal Service received three comments on the September 2, 
2004, proposal (69 FR 53664). Two commenters strongly supported the 
proposal, but requested that the Postal Service expand the rule to 
include merchandise sent at Standard Mail rates. This request is 
outside the scope of this rulemaking. The Postal Rate Commission case 
authorized only a limited exception to the prohibition against entering 
Periodicals at Package Service rates. The prohibition against enclosing 
Periodicals in Standard Mail pieces remains in place at this time. The 
third commenter expressed concerns as to why the Postal Service 
provides discounts to any mailer at any mail class. This comment is 
also outside the scope of this rulemaking, and postal policies in this 
area are consistent with the ratemaking provisions established by 
statute.
    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

    Administrative practice and procedure, Postal Service.

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 
3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

0
2. Amend the following sections of the Domestic Mail Manual (DMM) as 
set forth below:

E Eligibility

* * * * *

E700 Package Services

E710 Basic Standards

1.0 BASIC INFORMATION

1.1 Definition

    [Amend 1.1 by revising the first sentence to read as follows:]
    Package Services mail consists of mailable matter that is neither 
mailed or required to be mailed as First-Class Mail nor entered as 
Periodicals (except as permitted under 1.7) unless permitted or 
required by standard or as Customized MarketMail under E660. * * *
* * * * *
    [Add new section 1.7 to read as follows:]

1.7 Attachments or Enclosures of Periodicals Sample Copies

    Sample copies of authorized and pending Periodicals publications 
may be enclosed or attached with merchandise sent at Parcel Post or 
Bound Printed Matter rates. Postage at the Parcel Post or Bound Printed 
Matter rates is based on the combined weight of the host piece and the 
sample copies enclosed.
* * * * *
    An appropriate amendment to 39 CFR part 111 will be published to 
reflect these changes.

Neva R. Watson,
Attorney, Legislative.
[FR Doc. 05-975 Filed 1-18-05; 8:45 am]
BILLING CODE 7710-12-P