[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Rules and Regulations]
[Pages 9197-9199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2921]
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POSTAL SERVICE
39 CFR Part 111
Periodicals--Limited Circulation Rate
AGENCY: Postal Service\TM\.
ACTION: Final rule.
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SUMMARY: This final rule revises the Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) to provide
the eligibility standards for the Outside-County Limited Circulation
rate that has been approved by the Governors of the United States
Postal Service. Eligible issues of publications entitled to use this
rate will receive a 5% discount on qualifying Outside-County copies. As
set forth in the new standards, publications in each of the
qualification categories may be eligible for the rate; issues of these
publications will qualify if eligible copies are mailed at In-County
rates and the total number of Outside-County copies mailed for that
issue is less than 5,000.
DATES: Effective Date: May 12, 2008.
FOR FURTHER INFORMATION CONTACT: Jerry Lease, 202-268-7264, or Sue
Thomas, 202-268-7268, United States Postal Service.
SUPPLEMENTARY INFORMATION: Section 1003 of the Postal Accountability
and Enhancement Act, Public Law No. 109-435, 120 Stat. 3198, requires
the Postal Service to establish, in accordance with the procedures in
39 U.S.C. 3622, a reduced rate of postage for certain copies of
publications with at least one copy mailed at In-County rates, and less
than 5,000 copies mailed to addresses outside of the county in which
copies are eligible to be mailed at In-County rates. Publications in
each qualification category may be eligible for the discount. Although
the literal language of the statute does not appear to cover Requester
publications, other parts of the statute allow Requester publications
to qualify for Nonprofit, Classroom, and other preferred Periodicals
rates and it appears consistent with the spirit of the law to allow
them to qualify for the Limited Circulation rate as well. In order to
do so, the new standards provide that circulation limits apply to paid
and requester circulation, depending upon the qualification category of
the publication.
The discount does not apply to commingled nonsubscriber or
nonrequester copies in excess of the 10% allowance in DMM 707.7,
[[Page 9198]]
Nonprofit Periodicals, Classroom Periodicals, and Limited Circulation
Science-of-Agriculture Periodicals publications. Limited Circulation
Science-of-Agriculture publications receive a similar reduced rate of
postage when also meeting the requirements of DMM 707.11.2.2.
The eligibility test established by the statute considers the
outside county circulation of the issue. Accordingly, whether
individual copies of a publication within one of the eligible
qualification categories can utilize the discount must be determined on
an issue-by-issue basis.
The Postal Service adopts the following changes to the Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), 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.
0
Accordingly, 39 CFR part 111 is amended as follows:
PART 111--[AMENDED]
0
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, 414,
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633,
and 5001.
0
2. Revise the following sections of the Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
* * * * *
700 Special Standards
* * * * *
707 Periodicals
* * * * *
707.0 Rates and Fees
1.0 Rates and Fees
1.1 Outside-County--Including Science-of-Agriculture
[Revise 1.1.1 to incorporate the 5% discount for Limited Circulation
rates and Limited Circulation Science-of-Agriculture rates as follow:]
1.1.1 Pound Rates
Per pound or fraction:
Preferred Rate Discounts: Authorized Nonprofit and Classroom
mailers, and publications that meet the standards for Limited
Circulation publications and Limited Circulation Science-of-Agriculture
publications receive a discount of 5% off the total Outside-County
postage excluding the postage for advertising pounds. The 5% discount
does not apply to commingled nonsubscriber or nonrequester copies in
excess of the 10% allowance in DMM 707.7.
* * * * *
[Add new 1.1.8, and 1.1.9 as follows:]
1.1.8 Limited Circulation Publications
Publications, excluding Nonprofit, Classroom, and Limited
Circulation Science-of-Agriculture publications receive a 5% discount
off the total Outside-County postage, excluding the postage for
advertising pounds, if eligible copies are mailed at In-County rates
and the total number of Outside-County copies mailed for that issue is
less than 5,000. Nonsubscriber or nonrequester copies claiming the
Limited Circulation discount are subject to the standards in 7.0.
1.1.9 Limited Circulation Science-of-Agriculture Publications
Publications meeting the requirements of 11.2.2 receive a 5%
discount off the total Outside-County postage, excluding the postage
for advertising pounds, if eligible copies are mailed at In-County
rates and the total number of Outside-County copies mailed for that
issue is less than 5,000. Nonsubscriber copies claiming the Limited
Circulation discount are subject to the standards in 7.0.
7.0 Mailing to Nonsubscribers or Nonrequesters
* * * * *
[Revise 7.9.3 to incorporate provisions limiting the number of
nonsubscriber or nonrequester copies that may be mailed at the new
Limited Circulation and Limited Circulation Science-of-Agriculture
rates as follows:]
7.9.3 Preferred Rates
For In-County rates, Nonprofit, Classroom, Science-of-Agriculture,
Limited Circulation, and Limited Circulation Science-of-Agriculture
publications, nonsubscriber (for Periodicals except requester
publications) or nonrequester (for requester publications) copies up to
10% of the total number of copies mailed to subscribers or requesters
during the calendar year may be mailed at the applicable Preferred
rates or Preferred rate discount, provided that the nonsubscriber or
nonrequester copies would qualify as Preferred rate or Preferred rate
discount publications if mailed to subscribers or requesters and if the
copies are presorted under applicable standards. Nonsubscriber or
nonrequester copies mailed over the 10% limit are not eligible for
Preferred rates or the Preferred rate discount. To qualify for regular
Outside-County rates, the nonsubscriber or nonrequester copies over the
10% limit must be part of a presorted, commingled mailing (one that
includes subscriber or requester copies). Subject to 11.3,
nonsubscriber or nonrequester copies may be mailed at In-County rates
up to a 10% limit of the total number of subscriber or requester copies
of the publication mailed at In-County rates during the calendar year.
Once the 10% calendar year limit is exceeded for the number of
nonsubscriber or nonrequester copies that may be mailed at Preferred
rates or the Preferred rate discount, the nonsubscriber or nonrequester
copies may not then be mailed at In-County rates even if the 10% limit
separately applied to those rates is not exceeded.
* * * * *
11.0 Basic Rate Eligibility
* * * * *
11.1 Outside-County Rates
* * * * *
[Add new 11.1.4 as follows:]
11.1.4 Limited Circulation Discount
Publications, excluding Nonprofit, Classroom, and Limited
Circulation Science-of-Agriculture publications, receive a 5% discount
off the total Outside-County postage, excluding the postage for
advertising pounds, if eligible copies are mailed at In-County rates
and the total number of Outside-County copies mailed for that issue is
less than 5,000. Nonsubscriber or nonrequester copies claiming the
Limited Circulation discount are subject to the standards in 7.0.
11.2 Outside-County Science-of-Agriculture Rates
* * * * *
[Revise the first sentence in 11.2.2 to include the words ``or
requesters'' as follows:]
11.2.2 General
Science-of-Agriculture rates apply to Outside-County copies of
authorized Periodicals publications mailed by publishers or news agents
when the total copies provided during any 12-month period to
subscribers or requesters residing in rural areas are at least 70% of
the total number of copies distributed by any means for any purpose.
[Revise heading and text of 11.2.3 as follows:]
[[Page 9199]]
11.2.3 Limited Circulation Science-of-Agriculture Discount
Publications meeting the requirements of 11.2.2, receive a 5%
discount off the total Outside-County postage, excluding the postage
for advertising pounds, if eligible copies are mailed at In-County
rates and the total number of Outside-County copies mailed for that
issue is less than 5,000. Nonsubscriber or nonrequester copies claiming
the Limited Circulation Science-of-Agriculture discount are subject to
the standards in 7.0.
* * * * *
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E8-2921 Filed 2-19-08; 8:45 am]
BILLING CODE 7710-12-P