[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Proposed Rules]
[Pages 5470-5471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2374]
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POSTAL SERVICE
39 CFR Part 111
Periodicals--Recognition of Distribution of Periodicals via
Electronic Copies
AGENCY: Postal ServiceTM.
ACTION: Proposed rule.
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SUMMARY: The Postal Service proposes to revise the Mailing Standards of
the United States Postal Service, Domestic Mail Manual (DMM[supreg])
707.6, to allow publishers who use electronic distribution methods to
report such circulation as paid or requested distribution, as
applicable.
DATES: We must receive your comments on or before March 5, 2012. Early
comments are encouraged.
ADDRESSES: Mail or deliver written comments to the Manager, Product
Classification, U.S. Postal Service[supreg], 475 L'Enfant Plaza SW.,
Room 4446, Washington, DC 20260-5015. You may inspect and photocopy all
written comments at USPS[supreg] Headquarters Library, 475 L'Enfant
Plaza SW., 11th Floor N, Washington, DC by appointment only between the
hours of 9 a.m. and 4 p.m., Monday through Friday by calling 1-202-268-
2906 in advance. Email comments, containing the name and address of the
commenter, may be sent to: Product [email protected], with a
subject line of ``epublications.'' Faxed comments are not accepted.
FOR FURTHER INFORMATION CONTACT: Susan Thomas at (202) 268-8069.
SUPPLEMENTARY INFORMATION: Recent advances in technology allow
distribution of Periodicals publications through various electronic
media channels. According to the standards that govern the Periodicals
class, all paid circulation for publications authorized in the General
category, and all requested circulation for publications authorized in
the Requestor category may be counted toward the publication's
eligibility for Periodicals prices.
Efforts to identify the conditions that would allow electronic
copies of Periodicals (e-pubs) to be counted with other distribution
outside the mails have been ongoing for the past two years. During that
time, the transition from traditional printed copies of Periodicals to
electronic copies of the same publications has grown. Many factors
contributed to this migration including the proliferation of electronic
reading devices and the desire of subscribers to read news immediately
upon publication.
The proposed effective date is September 30, 2012.
Although we are exempt from the notice and comment requirements of
the Administrative Procedure Act [5 U.S.C. of 553(b), (c)] regarding
proposed rulemaking by 39 U.S.C. 410(a), we invite public comments on
the following proposed revisions 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 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is proposed to be amended as follows:
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
700 Special Standards
* * * * *
707 Periodicals
* * * * *
6.0 Qualification Categories
6.1 General Publication
* * * * *
6.1.2 Circulation Standards
General publications must meet these circulation standards:
* * * * *
[Revise the first sentence in item 6.1.2c as follows:]
Persons whose subscriptions are obtained at a nominal price and
those whose copies bear an alternative form of address (except as
allowed for electronic copies in 6.5) must not be included in the
legitimate list of subscribers. * * *
* * * * *
6.4 Requester Publications
* * * * *
6.4.2 Circulation Standards
Requester publications must meet these circulation standards:
* * * * *
[Revise the second sentence in 6.4.2e as follows:]
e. * * * Copies addressed using an alternative address format
(except as
[[Page 5471]]
allowed for electronic copies under 6.5) are not considered requested
copies, and persons are not considered to have requested the
publication if their copies are addressed in that manner.
* * * * *
[Renumber current 6.5 through 6.6 as new 6.6 through 6.7 and add
new 6.5 as follows:]
6.5 Electronic Copies
Copies of Periodicals publications distributed through email or by
accessing a password protected Web site (e-pubs) may be counted toward
an approved or pending general or requester publications' eligibility
for Periodicals prices. The following conditions additionally apply:
a. Copies of e-pubs that may be counted toward a publications
eligibility for Periodicals prices:
1. Must be paid at a price above nominal rate for publications
approved in the General category.
2. Must be requested in writing or by electronic correspondence for
publications approved in the Requester category.
b. Access to electronic copies of a Periodicals publication offered
in conjunction with printed copies of the same issues may not be
counted when determining total circulation for the publication.
c. At least 40% of the total circulation of each issue must consist
of printed copies.
d. Publications for which at least 60% of total circulation
consists of printed copies to subscribers or requesters, as applicable,
will be exempt from annual circulation audits.
e. If less than 60% of a Periodicals publication's total
circulation consists of printed copies distributed to subscribers or
requesters, as applicable, annual Postal audits must be conducted by a
certified audit bureau
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 if our
proposal is adopted.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2012-2374 Filed 2-2-12; 8:45 am]
BILLING CODE 7710-12-P