[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41989-41991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17459]
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POSTAL SERVICE
39 CFR Part 111
Content of Periodicals Mail
AGENCY: Postal ServiceTM.
ACTION: Final rule.
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SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) 707.3, to
update present ``content requirements'' on materials eligible for
mailing at Periodicals prices with authorized Periodicals publications.
DATES: Effective September 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry Lease, 202-268-7264.
SUPPLEMENTARY INFORMATION: After discussions with the Periodicals
mailing industry, the Postal Service agreed to review the standards
governing contents of Periodicals mail, and decided to update several
standards. This rule removes the current advertising limitation on
loose supplements, except for unwrapped copies of loose addressed
supplements included in a mailing for an authorized Periodicals
publication. The final rule also revises the regulations on pages,
specifically multi-layer pages, giving publishers more latitude in page
design. The provisions concerning the mailing of products and product
samples have been updated and simplified. Finally, the standards
governing protective covers and attachments have been updated for
consistency with past rulings. This final rule contains only those DMM
revisions that are consistent with the expressed wishes of numerous
publishers and Periodicals association representatives.
Background
In the 1980s, and again in the 1990s, the Postal Service undertook
extensive reviews of the standards governing what could be mailed as
part of a periodical publication at Periodicals prices (formerly
second-class rates). Advances in technology, and difficulty in applying
the standards, were key underlying factors in those reviews. On March
27, 1995, the Postal Service published a final rule in the Federal
Register (60 FR 10021-10029) revising the standards.
Since that time, the standards governing contents of a publication
eligible for Periodicals prices have not changed, except for several
minor modifications. There has been no discernable undesired movement
of printed advertising materials, or other matter, from Standard Mail
to Periodicals mail.
The changes to the standards reflected in this final rule
concentrate on four areas of ``content'' provisions and mailpiece
construction:
DMM 707.3.3.1, Pages.
DMM 707.3.3.5, Supplements.
DMM 707.3.4.3, Products.
DMM 707.3.5, Mailpiece Construction.
[cir] Specifically DMM 3.5.4, Without Mailing Wrapper.
[cir] and DMM 3.5.6, Cover page and Protective Cover.
Pages
A basic requirement for all Periodicals publications is that they
be comprised of ``printed sheets.'' In the March 27, 1995 rulemaking,
however, the printed sheet requirement was relaxed to allow small
amounts of ``fastening'' material, such as grommets, string, and rubber
bands, used to assemble a page. The Postal Service concluded at that
time allowing such materials was not a significant deviation from the
``printed sheet'' rule because the changes were consistent with the
existing practice of allowing Periodicals publications to be bound with
staples, saddle stitching, or spiral binding.
More recently, publishers have argued that the 1995 changes,
although welcome, unduly limit creativity in designing publications
that appeal to their readers and advertisers. These publishers also
point out advances in technology that they are restricted from using
such as the inclusion of sound devices and video as part of a printed
page. Finally, they point out that private delivery companies do not
impose similar restrictions on the delivery of their publications, nor
are they prohibited from using such technologies in the newsstand
editions of their publications.
Accordingly, DMM 707.3.3.1a is revised to replace ``fastening''
with ``non-paper'' in the first sentence to permit non-paper materials
other than fastening materials in the construction of a multilayer
page. This change would allow additional creativity in page design. The
sentence ``Not all elements that make up a multilayer page must be
printed'' is added to 3.3.1a, for additional transparency. That
sentence is currently incorporated in Customer Support Ruling (CSR) PS-
234, titled ``Multilayer pages in Periodicals Publications.'' Finally,
the sentence ``In addition, multilayer pages may contain novel
characteristics such as an LED display, a sound device, or battery
operated movable parts'' is added to 3.3.1a, to allow publishers to
take advantage of current technologies, within the boundaries of
mailable versus nonmailable matter as described in DMM 601.
In addition, it should be noted that publishers continue to be
required to adhere to the mailing standards governing the Periodicals
price category claimed.
Supplement
Many publishers have considered the 25 percent nonadvertising
standard for loose supplements to be burdensome, and inappropriate as a
means of limiting advertising in Periodicals mail. It is often viewed
as an unnecessary restriction on a publisher's ability to choose
whether to place advertising matter in the host publication or
accompanying loose supplement.
Moreover, the existing standards are hard to apply. This problem
exists for customers and postal personnel, as demonstrated by the
numerous requests for guidance directed to the Pricing and
Classification Service Center (PCSC) and headquarters Mailing Standards
personnel concerning what is advertising or nonadvertising matter.
Often, when supplements are produced by third parties, it becomes
particularly difficult to make such judgments. Contracts must be
reviewed to evaluate the relationship(s) between parties. Payment
arrangements by outside parties for the advertising portion of
supplements must be examined in determining whether the material
qualifies as nonadvertising matter.
The Postal Service agrees with many publishers and their
association representatives that the 25 percent nonadvertising
requirement should be
[[Page 41990]]
eliminated except for separately addressed loose supplements mailed
with the host publication outside a wrapper or polybag. The Postal
Service is revising DMM 707.3.3.5 as follows:
In the first sentence of 3.3.5a., the words ``on the front
cover/page'' are added to ensure that the required ``Supplement to * *
*'' endorsement is shown on the front of the supplement.
The words ``contain at least 25% nonadvertising material
and'' are deleted from the first sentence of 3.3.5a.
The words ``must contain at least 25% nonadvertising
material'' apply only to loose addressed supplements when a wrapper is
not required.
Product Samples
Product samples in Periodicals are not new. However, no explicit
DMM standard acknowledges product samples are mailable at Periodicals
prices. Mailability at Periodicals prices of product samples is
achieved by ``altering'' a product, such as by changing the ingredients
in fragrance samples, limiting significantly the size of a cosmetics
sample, and requiring a disclaimer that the sample ``simulates'' or is
a ``rendition'' of an actual product. Preparation guidelines are
contained in Customer Support Ruling (CSR) PS-273. However, the Postal
Service finds these guidelines difficult to administer, with
documentation and verification of compliance burdensome on publishers
and postal personnel alike.
In earlier rulemakings, the Postal Service expressed the view that
applying the general requirement that all Periodicals publications must
be formed of printed sheets is a sufficient standard to limit the
inappropriate mailing of products and products samples at Periodicals
prices (see DMM 707.4.5). Changes to the standards described in this
rule will continue to exclude products such as stationery, cassettes,
floppy disks, DVDs, CDs, and similar media, since they are not printed
sheets.
But specifically allowing de minimis product samples will reduce
the burden of the current guidelines. Consequently, and consistent with
requests by many Periodicals publishers and Periodicals association
representatives, the Postal Service has adopted a new provision in the
DMM allowing product samples in de minimis form to be included as part
of a printed sheet. This change will enhance both the value of some
advertisements to the reader, and the overall value of the publication
to the reader. Although not explicitly required, including the name of
the host publication and the issue or issue date on the sample, and
relating the sample to advertising or nonadvertising within the content
of the host publication, will provide further support that the piece is
properly prepared as a printed page (or a portion of a multilayer page)
in the publication.
Product samples may not be included in a Periodicals publication
mailed at letter-sized prices. The combined weight of product samples
in an issue of a Periodicals publication cannot exceed 3.3 ounces. Any
product sample that is a ``packet'' is limited to a weight of no more
than one ounce with a burst strength minimum of 3,000 pounds per square
inch (PSI). Attachable product samples, including packets weighing no
more than one ounce, may not be affixed to either the front or back
cover page of a Periodicals publication, or permissible component of a
Periodicals publication, even if the publication is enclosed in a
wrapper. Placement of attachable product samples must conform to
machinability and uniform thickness standards, and must be placed no
closer than \3/4\ inch of any open edge of any interior page.
Publishers are aware that in an environment of ever-increasing
automated processing by the Postal Service of all types of mail
including letters, flats, and parcels, it is critical that Periodicals
publications not impede postal processing or damage postal processing
equipment. Accordingly, it is reemphasized that any mailpiece to which
a product sample is added under this new provision must meet the
standards for physical characteristics related to basic mailability and
to the eligibility for the specific postage prices claimed. In
addition, all of the mailability restrictions and prohibitions in DMM
601 apply. See specifically DMM 601.2.1, Packaging, and 601.10.5,
Mailer Responsibility for Mailing Hazardous Materials.
Products
Under impermissible mailpiece components, ``products'' are
redefined to update the examples of impermissible products in
Periodicals.
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.
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); 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:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
700 Special Standards
* * * * *
707 Periodicals
* * * * *
3.0 Physical Characteristics and Content Eligibility
* * * * *
3.3 Permissible Mailpiece Components
3.3.1 Pages
* * * Pages are also subject to these standards:
[Revise 3.3.1a. to replace ``fastening'' with ``non-paper'' materials
in the first sentence and to include new language to further describe a
multilayer page as follows:]
a. Multilayer pages (including pages formed by sheets glued
together and pages that have unusual shapes, such as cutouts, movable
flaps, or ``pop-ups'') may include small amounts of non-paper material
such as grommets, string, or rubber bands as needed to assemble the
page. Not all elements that make up a multilayer page must be printed.
In addition, multilayer pages may contain novel characteristics such as
an LED display, a sound device, or battery operated movable parts.
Multilayer pages may also be formed as pouches or pockets, but may
contain only permissible loose enclosures (see 3.3.4) or other securely
affixed permissible components.
* * * * *
3.3.5 Supplement
* * * Supplements are also subject to these conditions as
applicable:
[Revise 3.3.5a. to make clear that the required supplement endorsement
must be shown on the front/cover page. In addition, the requirement
that a supplement to a bound Periodicals publication contain at least
25% nonadvertising is eliminated except for unwrapped loose
supplements.]
[[Page 41991]]
a. A loose supplement to a bound Periodicals publication must bear
on the front/cover page the endorsement ``Supplement to'' followed by
one of the following: the title of the publication, the name of the
publisher, or ``Periodicals Publication.'' A bound publication with one
or more supplements must be enclosed in a wrapper. However, a wrapper
is not required when a loose supplement is included within the same
mailing as the host publication, bears a proper delivery address,
contains at least 25% nonadvertising material, and includes on the
front/cover page the endorsement ``Periodicals Supplement to'' followed
by the exact title and issue date of the host publication. The external
dimensions of such unwrapped supplements may exceed those of the host
publication provided they are of the same processing category as the
host publication. If a supplement to a bound publication is formed of
more than one sheet, all sheets making up the supplement must be bound
together.
* * * * *
[Renumber current 3.3.9 and 3.3.10 as 3.3.10 and 3.3.11 accordingly,
and add new 3.3.9 to provide for ``product samples'' in Periodicals
publications as follows:]
3.3.9 Product Samples
Subject to the requirements in 3.3.1 and 3.4.5, product samples:
Related to print advertising in the issue and are not offered for sale
within the meaning of 3.4.2a and 3.4.3 may be included in a Periodicals
publication as a page, or part of a multilayer page. Examples include,
but are not limited to, a swatch of cloth; a paper towel as part of a
printed page, or printed paper towel; a band-aid; and fragrance,
cosmetics, lotions, or eatables in packet form. The combined weight of
product samples in an issue is limited to 3.3 ounces. Any product
sample in the form of a packet is limited in total weight to no more
than one ounce, but does not include the page weight upon which the
packet is affixed. Packet product samples also must have a minimum
burst strength of 3,000 pounds per square inch (psi). Travel size and
similar small products in commercially available form or packaging do
not qualify as permissible product samples, even if less than 3.3
ounces. In addition, CDs, DVDs, and similar media do not qualify as
permissible product samples. Permissible product samples:
a. Are not eligible with letter-size pieces;
b. Must comply with hazmat standards (601.10.5);
c. Must comply with machinability standards, e.g. uniform thickness
(301.1.4);
d. Must not be attached to the front or back cover page of the host
Periodicals publication, or any other permissible component;
e. Must be secured in place (spine or tip-on interior page) to
prevent shifting (601.2.1); and,
f. Must be placed at least \3/4\ inch from all non-bound edges of
any interior page.
* * * * *
3.4 Impermissible Mailpiece Components
* * * * *
3.4.3 Products
[Revise 3.4.3 to update examples of impermissible ``products'' in
Periodicals publications as follows:]
Except as provided for in 3.3.9, products may not be mailed at
Periodicals prices. Examples include stationery (such as pads of paper
or blank printed forms); cassettes; floppy disks; CDs; DVDs;
merchandise, including travel-size merchandise in commercially
available form or packaging; and wall, desk, and blank calendars.
Printed pages, including oversized pages and calendars, are not
considered products if they are not offered for sale.
* * * * *
3.5 Mailpiece Construction
* * * * *
3.5.4 Without Mailing Wrapper
[Revise the last sentence of 3.5.4 to allow for \3/4\ inch clearance of
any open edge on attachments to a Periodicals publication as follows:]
When the mailpiece does not have a mailing wrapper, all the
components of an unbound publication must be combined with and inserted
inside the publication. Only enclosures mailable at Periodicals prices
under 3.3.4 may be included loose inside a bound unwrapped publication.
An enclosure under 3.3.3c, Enclosures at First-Class Mail or Standard
Mail Prices, or 3.3.4, Loose Enclosures at Periodicals Prices, or a
single sheet prepared as an attachment under 3.3.8c, may be securely
attached along the bound edge on the outside of an unwrapped
publication if it does not exceed any dimension of the cover of the
publication and comes within \3/4\ inch of any open edge.
* * * * *
3.5.6 Cover Page and Protective Cover
[Revise the first sentence of 3.5.6 to allow for \3/4\ inch clearance
of any open edge on a protective cover to a Periodicals publication as
follows:]
If the piece is not completely enclosed in a mailing wrapper, then
any protective cover or cover page must cover both the front and back
of the host publication and extend to within at least \3/4\ inch of any
open edge. Exception: Flat-size pieces may have short covers as
provided in 301.3.5.2. If the host publication is bound, the protective
cover must be permanently attached to the publication.
* * * * *
We will publish an appropriate amendment to 39 CFR Part 111 to
reflect these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010-17459 Filed 7-19-10; 8:45 am]
BILLING CODE 7710-12-P