[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Rules and Regulations]
[Pages 27125-27126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11107]
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POSTAL SERVICE
39 CFR Part 111
Periodicals--Recognition of Distribution of Periodicals via
Electronic Copies
AGENCY: Postal Service\TM\.
ACTION: Final rule.
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SUMMARY: The Postal Service will revise the Mailing Standards of the
United States Postal Service, Domestic Mail Manual (DMM[supreg]) 707.6
to permit limited reporting of electronic copies of Periodicals
publications to satisfy the circulation standards for Periodicals
qualification. Standards require that at least 50% of the circulated
copies be distributed to those who subscribe to a general publication
or request a Requester publication.
DATES: Effective Date: May 9, 2012.
FOR FURTHER INFORMATION CONTACT: Susan Thomas 202-268-8069.
SUPPLEMENTARY INFORMATION: On, February 3, 2012, the Postal Service
published a Federal Register proposed rule Periodicals--Recognition of
Distribution of Periodicals via Electronic Copies (77 FR 5470-5471)
revising DMM 707.6 by adding optional reporting of electronic copies of
Periodicals publications as a legitimate form of distribution. 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 Requester category, may
be counted toward the publication's eligibility for Periodicals prices.
Efforts to identify the conditions that allow electronic copies of
Periodicals to be counted with other distribution outside the mails
have been ongoing. 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
subscriber's desire to read news immediately upon publication.
Comments
We received 28 comments. One included a survey conducted by the
National Newspaper Association requesting feedback from publishers of
small circulation publications. 27 individuals and all who responded to
the survey approved this modification and recommended immediate
adoption. One commenter expressed concern stating that this change does
not clearly state the conditions of continuing eligibility. Additional
language has been added to our proposed standards to clarify
eligibility requirements.
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 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
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); 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.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM) as follows:
[[Page 27126]]
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
700 Special Standards
* * * * *
707 Periodicals
* * * * *
6.0 Qualification Categories
6.1 General Publications
* * * * *
6.1.2 Circulation Standards
General publications must meet these circulation standards:
* * * * *
[Revise the first sentence in f as follows:]
f. At least 50% of a publication's distribution must be to persons
who have paid above a nominal price. (For explanation of how electronic
copies may be included, see 6.5.) * * *
* * * * *
6.4 Requester Publications
* * * * *
6.4.2 Circulation Standards
Requester publications must meet these circulation standards:
* * * * *
[Revise item b as follows:]
b. Subscription copies of the publications that are paid for or
promised to be paid for, including those at or below a nominal price,
may be included in the determination of whether the 50% request
requirement is met. (For explanation of how electronic copies may be
included, see 6.5.)
* * * * *
[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 may be counted toward an
approved or pending general or requester publication's eligibility for
Periodicals prices. The following conditions additionally apply:
a. Electronic copies that may be counted toward a publication's
eligibility for Periodicals prices:
1. Must be paid at a price above nominal rate for publications
approved in the General category; or
2. Must be requested in writing or by electronic correspondence for
publications approved in the Requester category.
b. Electronic copies of a Periodicals publication for which access
is offered free 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 distributed to paying subscribers or requesters, as
applicable. Up to 10% of the distributed copies used to qualify or
remain eligible for Periodicals prices may be copies that are paid or
requested to be sent electronically.
d. If less than 60% of a Periodicals publication's total
circulation consists of printed copies distributed to paying
subscribers or requesters, as applicable, annual Postal eligibility
audits must be conducted by a certified audit bureau.
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2012-11107 Filed 5-8-12; 8:45 am]
BILLING CODE 7710-12-P