[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