[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Rules and Regulations]
[Pages 47717-47720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19619]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE\TM\
39 CFR Part 111
Content of Periodicals Mail
AGENCY: Postal Service\TM\
ACTION: Final rule; revised.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) 707.3, to
update ``content requirements'' on materials eligible for mailing at
Periodicals prices with authorized Periodicals publications.
DATES: Effective Date: August 9, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry Lease, 202-268-7264.
SUPPLEMENTARY INFORMATION: The final rule titled ``Content of
Periodicals Mail'' published by the Federal Register on July 20, 2010
(75 FR 41989-41991) is revised to incorporate minor changes in text and
an earlier effective date. The DMM standards will be updated during its
regular monthly update on September 7, 2010.
After discussions with Periodicals customers, 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 was
developed in collaboration with numerous publishers and Periodicals
industry associations.
Background
In the 1980s, and again in the 1990s, the Postal Service undertook
extensive reviews of the standards governing content that 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 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. In addition, there has been no discernable
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 707.3.5.4, Without Mailing Wrapper.
[cir] and DMM 707.3.5.6, Cover Page and Protective Cover.
Pages
A requirement for all Periodicals publications is that they be
comprised
[[Page 47718]]
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, unduly
limit creativity in designing publications that appeal to their readers
and advertisers. These publishers also point out advances in technology
enable 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
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 that the 25 percent nonadvertising
requirement should be 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.
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 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 from 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,
[[Page 47719]]
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.]
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 bandage;
and fragrance, cosmetics, lotions, or edibles 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.
* * * * *
[[Page 47720]]
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010-19619 Filed 8-6-10; 8:45 am]
BILLING CODE 7710-12-P