[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Rules and Regulations]
[Pages 15380-15384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7570]


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

POSTAL SERVICE

39 CFR Part 111


New Standards for Domestic Mailing Services

AGENCY: Postal Service \TM\.

ACTION: Final rule.

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

SUMMARY: The Postal Service is revising Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM[supreg]) to reflect 
changes to the prices and standards for the products now referred to as 
Mailing Services.

DATES: Effective Date: May 11, 2009.

FOR FURTHER INFORMATION CONTACT: Bill Chatfield, 202-268-7278.

SUPPLEMENTARY INFORMATION: On January 29, 2009 the Postal Service 
published a proposed rule in the Federal Register (Volume 74, Number 
18, pages 5130-5137) that included several mail classification changes, 
modifications to mailpiece characteristics, and changes in 
classification terminology. A supplemental proposed rule was published 
in the Federal Register on February 6, 2009 (Volume 74, Number 24, 
pages 6250-6257) amending and clarifying certain standards. This final 
rule contains revisions that will be effective on May 11, 2009. We 
additionally describe those standards that were proposed for May 11, 
2009 for which we will delay implementation until September 8, 2009.
    For May 2010, we proposed: elimination of the Standard Mail[supreg] 
Not Flat-Machinable category, restriction on inserts in flats, and a 
new flexibility or foldability standard for flats. These items will be 
included in a new, separate proposal at a later date.
    In the sections below, we identify each revision, and summarize and 
respond to comments regarding May 11, 2009 implementation.

Overview of Changes for Letters and Flats for May 2009

Letters

    We align standards for commercial machinable and automation letters 
so all machinable letters have the same physical characteristics 
required of automation letters, with the exception of

[[Page 15381]]

a qualifying barcode. We make slight revisions to the list of 
nonmachinable characteristics. We received comments in support of this 
alignment. Several commenters requested clarification of some of the 
elements that would render letters nonmachinable. Questions were raised 
about the effect of window envelopes or attachments on the addition of 
nonpaper surfaces to the list of nonmachinable characteristics. Several 
commenters questioned if this new nonmachinable characteristic would 
render laminated paper cards nonmachinable. The intent of this change 
is the alignment of machinable and automation letter standards. Current 
standards require automation letters to be ``made of paper.'' Mailers 
who have been able to establish that their laminated paper cards are 
made of paper and not plastic, have been able to mail those items at 
automation prices and will continue to be able to do so. Letters with 
nonpaper surfaces, other than envelope windows or attachments that are 
allowed in a class of mail, are not machinable. Several commenters 
asked for clarification of when letters with enclosed keys, coins or 
similar objects are nonmachinable. If coins or similar objects are 
either loose or make the letter nonuniform in thickness, the piece is 
nonmachinable. This revision aligns with current standards in DMM 
201.3.10 and with Customer Support Ruling PS-328, available online at 
pe.usps.com. Commercial letters that are not machinable are eligible to 
be mailed as nonmachinable letters.
    We proposed a new minimum 0.009 inch thickness standard for 
automation and machinable letters. We received a few comments in favor 
of this proposal and a few opposed. We continue to require automation 
and machinable letters larger than postcard size to be at least 0.009 
inch thick, and we continue the current minimum thickness of 0.007 inch 
for letters and cards up to postcard size (4\1/4\ inches high by 6 
inches long).
    We received several comments about the difficulty in determining 
excessive static charge or meeting coefficient of friction standards. 
As announced in a DMM Advisory notice on February 3, 2009, we postpone 
implementation of new static charge and coefficient of friction 
standards for automation and machinable letters, while new methods are 
explored to measure the standards. Some mailers indicated that they 
have methods to reduce effective static charge. We recommend that 
mailers try to measure and reduce the static charge created by their 
mailpieces to no more than two kilovolts and meet the paper-to-paper 
coefficient of friction recommendations between 0.24 and 0.36. As we 
stated in a DMM Advisory notice on January 28, 2009, we also postpone 
new standards for window envelopes.
    Mailers have the option to prepare First-Class Mail[reg] and 
Standard Mail automation letters and Standard Mail machinable letters 
to all applicable sort levels, with prices matching the level of 
sortation chosen. We received several comments objecting to this change 
and one in favor of the change. Claims were made that if a mailer chose 
to only prepare mixed AADC trays, that we would effectively be granting 
a discount for nonpresorted letters. There are other requirements for 
this mail, such as Move Update compliance, CASS \TM\-certification for 
barcoded letters, and ZIP[reg] Code accuracy--all of which help us 
process and deliver mixed AADC mail more efficiently than single-piece 
mail. Some commenters stated that processing plants urged mailers to 
bring in ``residual'' mail as early as possible; they were also 
concerned that the USPS[supreg] might impose earlier critical entry 
times for this mail. The USPS has the operational capacity to enable 
timely processing without changing critical entry times.

Flats

    We will retain the current preparation options for automation 
First-Class Mail flats of either bundle-based or tray-based sortation 
with applicable prices. We received many comments opposed to the 
proposal to eliminate bundle-based sortation, ranging from recent 
investments in bundling equipment to potentially less access to lower 
prices. We are postponing implementation of this change, and will 
reconsider it for later implementation.
    Rigid flat-size mailpieces that are not able to meet the 
flexibility standards in DMM 301.1.3 may be eligible for automation 
prices if they are determined to have flats machine-compatibility 
through a Pricing and Classification Service Center (PCSC)-administered 
testing process. Eligibility for such pieces will be valid until May 
2010. Mailers coordinate testing requests via district managers of 
business mail entry. Those pieces that do not meet the published 
flexibility standards for flats, but are authorized to mail at flats 
prices by PCSC approval, must be marked ``Automation Flat.''

Postponed Until September 8, 2009--Flats Changes

    The following changes for flats will have a September 8, 2009 
implementation date to provide additional time for mailers to make the 
adjustments to their operations.
    Polywrap standards, currently applicable only to automation flats, 
will apply to all flat-size mailpieces using polywrap, except for flats 
mailed at saturation and high-density Periodicals or Standard Mail 
prices. We received a few comments asking for exemption of saturation 
and high-density flats, which we have accommodated in our revisions. We 
received some comments requesting more time to comply with this change 
and some comments in favor of the change. In response to requests for 
more time, the delayed implementation will allow mailers who have not 
been using approved polywrap to make the transition. Detailed 
specifications for polywrap approved for use on flats, as well as a 
list of approved products, is available at ribbs.usps.gov. The use of 
automation-compatible polywrap on all flat-size mailpieces improves 
mail processing efficiency and applies standardization and consistency 
for mailers of polywrapped flats.
    The polywrap selvage (overhang) on a polywrapped flat will be 
included when a flat is measured for maximum dimensions, because 
selvage that extends beyond the maximum height or length interferes 
with efficient processing. Several commenters thought this restriction 
would render their larger flats ineligible for flats prices. When our 
flats-sorting equipment attempts to process pieces that are larger than 
the maximum length or height of a mailpiece, the pieces are often 
culled out. As an accommodation, we will increase the maximum length of 
a polywrapped flat to 15.75 inches (inclusive of selvage) from the 
current 15 inches to accommodate some additional selvage for larger 
publications. As a reminder, we continue to allow no more than 1\1/2\ 
inches of selvage in the length and no more than \1/2\ inch in the 
height. We will not include selvage when measuring for minimum 
dimensions because the selvage is not substantial enough for it to be 
considered part of a uniformly thick flat. We received no comments 
related to selvage and minimum dimensions.
    We extend the deflection standards currently applicable to 
automation flats, to all flat-size mailpieces, except those mailed at 
saturation and high-density Periodicals or Standard Mail prices. The 
deflection standards also change to allow one inch less of vertical 
deflection (droop) than is currently allowed. We also eliminate the 
current exception for oblong flats (those with a bound edge on the 
shorter side) so all flats are tested with the length placed 
perpendicular to the edge of a flat surface. A few

[[Page 15382]]

commenters asked that the exception to deflection standards apply to 
high-density as well as saturation flats. We agree to make that 
accommodation. Several commenters disagreed with the more restrictive 
deflection standards on all flats. Some commenters also objected to the 
change in the testing procedure for oblong flats, stating that those 
flats would not pass the new test administered by placing the bound 
edge parallel to the edge of the flat surface. As a reminder, the USPS 
reduced the deflection standards in 2007, permitting up to a 4-inch 
drop for pieces at least 10 inches long. The new standards will allow a 
3-inch drop for pieces at least 10 inches long, compared to a maximum 
of 2\3/8\ inch drop before May 2007. Our difficulties in processing 
oblong flats, and those that come close to the current maximum 
deflection, made it clear that the previous reduction was too 
extensive. Some oblong flats may be able to meet the new standards by 
adding a tab to the open edges opposite the bound edge or by other 
methods. Our delayed implementation offers mailers the opportunity to 
make changes to slightly stiffen their ``floppy'' flats to meet the new 
standards. The new standards, by allowing more deflection for flats 
over 10 inches long than for shorter pieces, provide flexibility to the 
mailing community while ensuring efficient processing of the mail.

Parcels

    For consolidation purposes, we remove definitions of irregular 
parcels from the mail preparation standards in DMM 465, 475, and 485, 
and provide references to the current definition of irregular parcels 
in DMM 401, Physical Standards. This does not change the current 
definition of irregular parcels.

Overview of Proposed Changes for 2010

Summary

    All changes originally proposed for 2010 will be reissued in a 
subsequent proposed rule. As information, we briefly discuss those 
changes below.

Flats

    We proposed to merge standards for nonautomation and automation 
flats in May 2010; requiring all machinable flats, whether or not they 
are barcoded, to have the same physical characteristics. The 
terminology would change the categories to: machinable; barcoded 
machinable; and irregular flats. Irregular flats would encompass two 
types of flat-size mailpieces. One is a flat-size piece that is 
machinable, but with parcel-like characteristics that affect 
deliverability, such as pieces with rigid contents because the pieces 
cannot be folded. Another type of irregular flat is foldable with 
favorable delivery characteristics, but is not machinable, such as 
flimsy pieces that are difficult to process on automation equipment.
    Current flexibility standards in DMM 301.1.3 describe minimum 
flexibility as demonstrated by ``tabletop'' flexibility tests. 
Effective May 2009, rigid flat-size mailpieces not able to meet the 
flexibility standards in 301.1.3 may be eligible for automation prices 
if they demonstrate flat machine-compatibility through a PCSC-
administered testing process. Delivery of rigid pieces is often more 
costly than delivery of foldable flats. Rigid pieces that do not fit in 
smaller mail receptacles often result in Postal employees having to 
leave non-delivery notices. This is similar to delivery constraints for 
parcels.
    For May 2010, we proposed a single flexibility standard that would 
require all machinable flat-size mailpieces with rigid contents to be 
foldable, parallel to the length, to a height no greater than 5 inches. 
Flat-size pieces failing to meet this level of flexibility may be 
categorized as irregular flats. Quite a few commenters objected to the 
5-inch restriction, suggesting that allowing a 6-inch height would 
accommodate the contents that they mail in substantial quantities, 
while others requested that we allow pieces to be folded in either 
direction.
    We will provide revised DMM language for new flexibility standards 
and any new categorization of flats for 2010 in a subsequent Federal 
Register proposal.
    We are postponing our proposal to restrict inserts in flats. We 
received many comments requesting reconsideration due to the prevalence 
of inserts that advertisers rely on as part of their mailing strategy. 
We recognize that mailers rely on loose inserts for advertising 
purposes and understand that we share common ground in taking steps to 
be sure that inserts reach the addressees and do not fall out of 
mailpieces. Therefore, we will work with mailers to identify 
publications and catalogs with loose inserts that fall out of the 
mailpiece and inhibit our processing and delivery functions. In most 
cases, a simple ``shake'' test may provide a useful demonstration of 
whether inserts are likely to fall out. Pinching a flat with inserts by 
the upper corner of the bound edge and shaking it will tend to dislodge 
those inserts not blown well into the body of the flat. Inserts that 
are inserted or blown well into the body of a flat tend to stay in 
place.

Not Flat-Machinable (NFMs)

    In 2007, we created an NFM category for Standard Mail items that 
could not meet revised automation flats standards. We proposed to 
discontinue the NFM category in May 2010. Since 2007, many mailers have 
converted pieces that might have been subject to NFM or parcel prices, 
into pieces eligible for flats prices. We will include any change in 
the NFM categorization in a subsequent proposal along with other 
proposals to be effective in May 2010.
    The Postal Service adopts the following changes to Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM), 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 Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM), as follows:

100 Retail Mail Letters, Cards, Flats, and Parcels

101 Physical Standards

101.1 Physical Standards for Letters

* * * * *

1.2 Nonmachinable Criteria

    A letter-size piece is nonmachinable (see 6.4) if it has one or 
more of the following characteristics (see 601.1.4 to determine the 
length, height, top, and bottom of a mailpiece):
* * * * *
    [Revise item b to add that any nonpaper exterior surface is 
nonmachinable as follows:]
    b. Is polybagged, polywrapped, enclosed in any plastic material, or 
has an exterior surface made of a material that is not paper. Windows 
in envelopes made of paper do not make mailpieces nonmachinable. 
Attachments allowable under applicable eligibility standards do not 
make mailpieces nonmachinable.
* * * * *
    [Revise item d to clarify that letters are nonmachinable when 
certain items

[[Page 15383]]

are loose or when they cause the thickness to be uneven, as follows:]
    d. Contains items such as pens, pencils, keys, or coins that cause 
the thickness of the mailpiece to be uneven; or loose keys or coins or 
similar objects not affixed to the contents within the mailpiece. Loose 
items may cause a letter to be nonmailable when mailed in paper 
envelopes; see 601.2.3, Odd-Shaped Items in Paper Envelopes.
* * * * *
    [Revise item h by referring to sealing standards in 201.3.14.1 for 
all self-mailers as follows:]
    h. Is a self-mailer that is not prepared according to 201.3.14.1.
    [Revise item i by referring to sealing standards in 201.3.14.2 for 
all booklets as follows:]
    i. Is a booklet that is not prepared according to 201.3.14.2.
* * * * *

200 Commercial Mail Letters and Cards

201 Physical Standards

1.0 Physical Standards for Machinable Letters and Cards

1.1 Physical Standards for Machinable Letters

1.1.1 Dimensional Standards for Letters

    [Revise introductory sentence as follows:]
    Machinable letter-size mail is:
* * * * *
    [Add new item d as follows:]
    d. Within an aspect ratio (length divided by height) of 1.3 to 2.5, 
inclusive. See 601.1.4.
* * * * *

1.1.3 All Machinable Letters

    [Revise the first sentence of 1.1.3 as follows:]
    All pieces of First-Class Mail and Standard Mail machinable letters 
must meet the standards for automation-compatible letters in 201.3.0. * 
* *
* * * * *

2.0 Physical Standards for Nonmachinable Letters

2.1 Criteria for Nonmachinable Letters

    [Revise 2.1 by noting that letters with exterior surfaces not made 
of paper or that do not meet automation-compatibility standards are 
nonmachinable; that all letters over 3.3 ounces must have a barcode and 
claim an automation letter price to avoid a surcharge; and by removing 
the individual listed items as follows:]
    A letter-size piece is nonmachinable if it has an exterior surface 
that is not made of paper or if it does not meet the standards in 
201.3.0. Windows in envelopes made of paper do not make mailpieces 
nonmachinable. Attachments do not render mailpieces nonmachinable if 
allowed by eligibility standards according to the class of mail and if 
not prohibited in 201.3.0. In addition, a letter-size piece is 
nonmachinable if it weighs more than 3.3 ounces (up to 3.5 ounces) 
unless it has a barcode and is eligible for and claims automation 
letter prices or Standard Mail Carrier Route letter prices.
* * * * *
    [Revise title of 3.0 as follows:]

3.0 Physical Standards for Machinable and Automation Letters and Cards

* * * * *
    [Revise title of 3.2 as follows:]

3.2 Dimensions and Shape Standards for Machinable and Automation 
Letters

* * * * *

230 First-Class Mail

* * * * *

235 Mail Preparation

* * * * *
    [Revise heading of 6.0 as follows:]

6.0 Preparing Automation Letters

* * * * *

6.6 Tray Preparation

    * * * Preparation sequence, tray size, and Line 1 labeling:
* * * * *
    [Revise items b through d to allow optional preparation and modify 
grouping requirement as follows:]
    b. 3-digit/scheme: optional, but required for 3-digit price (150-
piece minimum except no minimum for origin or entry 3-digit/scheme); 
overflow allowed; for Line 1, use L002, Column B.
    c. AADC: optional, but required for AADC price (150-piece minimum); 
overflow allowed; group pieces by 3-digit (or 3-digit scheme) ZIP Code 
when overflow pieces from 3-digit trays are placed in AADC trays. For 
Line 1, use L801, Column B.
    d. Mixed AADC: required (no minimum); group pieces by AADC when 
overflow pieces from AADC trays are placed in mixed AADC trays. For 
Line 1 use L201; for mail originating in ZIP Code areas in Column A, 
use ``MXD'' followed by city, state, and 3-digit ZIP Code prefix in 
Column C (use ``MXD'' instead of ``OMX'' in the destination line and 
ignore Column B).
* * * * *

240 Standard Mail

* * * * *

245 Mail Preparation

* * * * *

5.0 Preparing Nonautomation Letters

* * * * *

5.3 Machinable Preparation

* * * * *
    [Revise introductory paragraph of 5.3.2 as follows:]

5.3.2 Traying and Labeling

    Instead of preparing overflow AADC trays with fewer than 150 
pieces, mailers may include these pieces in mixed AADC trays when a 
tray of 150 or more pieces can be made. Mailers must note these trays 
on standardized documentation (see 708.1.2). Pieces that are placed in 
the next tray level must be grouped by destination and placed in the 
front or back of that tray. Preparation sequence, tray size, and 
labeling:
* * * * *
    [Revise first sentence of 5.3.2 b to allow optional preparation as 
follows:]
    b. AADC (optional, but required for AADC price); 150-piece minimum 
(overflow allowed); group pieces by AADC when overflow pieces from AADC 
trays are placed in mixed AADC trays; labeling: * * *
* * * * *
    [Revise heading of 7.0 as follows:]

7.0 Preparing Automation Letters

* * * * *

7.5 Tray Preparation

    * * * Preparation sequence, tray size, and Line 1 labeling:
* * * * *
    [Revise items b through d to allow optional preparation and modify 
grouping requirement as follows:]
    b. 3-digit/scheme; optional, but required for 3-digit price (150-
piece minimum, except no minimum for optional origin/entry 3-digit/
scheme(s)); overflow allowed; for Line 1, use L002, Column B.
    c. AADC: optional, but required for AADC price (150-piece minimum); 
overflow allowed; group pieces by 3-digit (or 3-digit scheme) ZIP Code 
prefix when overflow pieces from 3-digit/scheme trays are placed in 
AADC trays. For Line 1, use L801, Column B.
    d. Mixed AADC: required (no minimum); group pieces by AADC when 
overflow pieces from AADC trays are placed in mixed AADC trays. For 
Line 1 labeling: use L011, Column B. Use L010, Column B if entered at 
an

[[Page 15384]]

ASF or BMC or for mail placed on an ASF, BMC, or SCF pallet under the 
option in 705.8.10.3.
* * * * *

300 Commercial Mail Flats

301 Physical Standards

* * * * *

3.0 Physical Standards for Automation Flats

* * * * *
    [Renumber 3.3 through 3.7 as new 3.4 through 3.8, and add new 3.3 
as follows:]

3.3 Flats--Machine Compatibility

    Flat-size mailpieces meeting the standards in 1.0 and 3.0, but 
unable to meet the minimum flexibility standards described in 1.3, are 
not eligible for automation prices unless the mailpieces demonstrate 
flats-machine compatibility. Rigid flat-size mailpieces in paper, 
polywrap or similar packaging that allows for the pieces to be grasped 
and inducted into USPS flat-sorting equipment may qualify for 
automation prices when meeting the following standards:
    a. Mailpieces must be enclosed in envelopes or similar packaging 
capable of withstanding normal processing on USPS flat-sorting 
equipment.
    b. Mailpieces must be approved for automation flats pricing by the 
USPS. Mailers seeking approval for mailpieces under this standard must 
contact their local manager, business mail entry for instructions on 
submitting sample mailpieces to the Pricing and Classification Service 
Center (PCSC) (see 608.8.0 for address) for analysis and possible 
testing. Mailpieces having a previous approval from the PCSC for 
automation flats prices, granted after May 2007, are not required to be 
resubmitted for a new approval. These and all other approvals granted 
under 3.3 expire in May 2010.
    c. Mailpieces approved for automation flats pricing under this 
standard must print the endorsement ``Automation Flat'' directly under 
or to the left of the postage imprint.
* * * * *

302 Elements on the Face of a Mailpiece

* * * * *

4.0 Barcode Placement

* * * * *

4.6 Barcode in Address Block

    When the barcode is included as part of the address block:
* * * * *
    [Revise 4.6d by adding a new last sentence as follows:]
    d. * * * Window envelopes also must meet the specifications in 
601.6.3.
* * * * *

400 Commercial Parcels

* * * * *

460 Bound Printed Matter

* * * * *

465 Mail Preparation

* * * * *

5.0 Preparing Presorted Parcels

5.1 Basic Standards

5.1.1 General Preparation Requirements

    All mailings of Presorted Bound Printed Matter (BPM) are subject to 
these general standards:
* * * * *
    [Revise item b as follows:]
    b. All pieces in a mailing must be within the same processing 
category. See 401.1.0 for definitions of machinable and irregular 
parcels.
* * * * *

470 Media Mail

* * * * *

475 Mail Preparation

* * * * *

5.0 Preparing Media Mail Parcels

    [Revise introductory paragraph of 5.1 as follows:]

5.1 Basic Standards

    All mailings of Presorted Media Mail are subject these general 
requirements:
* * * * *
    [Revise item b as follows:]
    b. All parcels in a mailing must be within the same processing 
category. See 401.1.0 for definitions of machinable and irregular 
parcels.
* * * * *

480 Library Mail

* * * * *

485 Mail Preparation

* * * * *

5.0 Preparing Library Mail Parcels

    [Revise introductory paragraph of 5.1 as follows:]

5.1 Basic Standards

    All mailings of Presorted Library Mail are subject to these general 
standards:
* * * * *
    [Revise item b as follows:]
    b. All pieces in a mailing must be within the same processing 
category. See 401.1.0 for definitions of machinable and irregular 
parcels.
* * * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9-7570 Filed 4-3-09; 8:45 am]
BILLING CODE 7710-12-P