[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Rules and Regulations]
[Pages 14076-14077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6102]


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POSTAL SERVICE

39 CFR Part 111


Express Mail Open and Distribute and Priority Mail Open and 
Distribute Changes and Updates

AGENCY: Postal Service TM.

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]) 705.16 to 
reflect changes and updates for Express Mail[supreg] Open and 
Distribute and Priority Mail[supreg] Open and Distribute to improve 
efficiencies in processing and to control costs.

DATES: Effective Date: April 5, 2010.

FOR FURTHER INFORMATION CONTACT: Karen Key, 202-268-7492 or Garry 
Rodriguez, 202-268-7281.

SUPPLEMENTARY INFORMATION: On January 29, 2010, the Postal Service 
published a Federal Register proposed rule (75 FR 4741-4742) inviting 
comments on a revision to change the standards for Express Mail Open 
and Distribute and Priority Mail Open and Distribute shipments, to 
discontinue the use of Label 23 and facsimile Tags 190 and 161, and to 
update the mailing standards. After reviewing the comments, and upon 
further consideration of the proposed revisions, the Postal Service 
adopts the proposed rule with minor revisions.

Comments

    The Postal Service received five comments:
    1. One commenter expressed concern about discontinuing the use of 
Label 23 and suggested tray boxes to accommodate EMM trays. The Postal 
Service introduced tray boxes to address Open and Distribute customers' 
concerns on the security of their mail in a letter tray during 
processing. The current tray box sizes were a result of customer 
feedback. The decision to discontinue Label 23 supports our goal to 
provide a secure method for Open and Distribute containers.
    2. One commenter recommended changes to the tray boxes. The Postal 
Service has determined that this suggestion is outside the scope of 
this final rule.
    3. One commenter questioned discontinuing the optional use of 
facsimile Tag 190. The Postal Service's decision to standardize the 
tags and to discontinue the optional use of facsimile Tags 190 and 161 
was made to ensure visibility of the product for accurate and efficient 
processing of Open and Distribute containers. In response to customer 
needs, the Postal Service is investigating the production of a self-
adhesive Tag 190 for DDU shipments made in USPS[supreg]-supplied Flat 
Rate Boxes and envelopes. Customers will be notified of the new self-
adhesive Tag 190 when it becomes available.
    4. One internal commenter brought to our attention that under 
authorization, Open and Distribute containers were allowed to be 
presented sealed. This exception was incorporated into the final rule.
    5. One commenter questioned the 70 pound weight limit. The Postal 
Service has determined that this is outside the scope of this final 
rule.

Summary

    With the introduction of tray boxes, Label 23, once used to 
identify letter-size trays, is no longer needed, and the Postal Service 
is discontinuing its use. Customers now have the option to place their 
trays in either sacks or Open and Distribute tray boxes. The Open and 
Distribute tray boxes are provided free of charge by the Postal Service 
to all Open and Distribute customers and are available for both half-
size and full-size trays.
    The Postal Service also discontinues the optional use of facsimile 
Tags 190 and 161. Customers must use the USPS-supplied tags which are 
easy to identify.
    Additionally, the Postal Service is updating the mailing standards 
to reflect Open and Distribute containers must not exceed the 70-pound 
weight limit and that PS Form 3152, Confirmation Services 
Certification, must be submitted with each mailing. The Postal Service 
also updates the mailing standards to clarify that Open and Distribute 
containers must be presented unsealed, unless accepted under an 
alternate procedure authorized by Business Mailer Support.
    The Postal Service adopts the following changes to 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 111.1.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

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 Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM) as follows:
* * * * *

700 Special Standards

* * * * *

705 Advanced Preparation and Special Postage Payment Systems

* * * * *

16.0 Express Mail Open and Distribute and Priority Mail Open and 
Distribute

16.1 Prices and Fees

16.1.1 Basis of Price

[Add new second sentence to 16.1.1 to clarify the maximum weight as 
follows:]

    * * * The maximum weight for each container is 70 pounds. * * *
* * * * *

16.1.5 Payment Method

[Revise the third sentence of 16.1.5 to eliminate Label 23 as follows:]

    * * * Priority Mail postage must be affixed to or hand-stamped on 
green Tag 161, pink Tag 190, to the Open and Distribute tray box, or be 
part of the address label.
* * * * *

16.5 Preparation

16.5.1 Containers for Expedited Transport

    Acceptable containers for expedited transport are as follows:
* * * * *

[[Page 14077]]

[Revise item B to remove the reference to label 23 as follows:]

    b. A Priority Mail Open and Distribute shipment must be contained 
in either a USPS-approved sack using Tag 161 or Tag 190 or a USPS-
provided Priority Mail Open and Distribute tray box (Tag 161 and 190 
are not required for tray boxes, only the 4x6 address label should be 
applied), except as provided in 16.5.1c and 16.5.1d.
* * * * *

16.5.4 Tags 161 and 190--Priority Mail Open and Distribute

[Revise the first sentence of the introductory paragraph of 16.5.4 to 
remove the optional use of facsimiles as follows:]

    Tag 161 and Tag 190 provide a place to affix Priority Mail postage 
and the address label for the destination facility. * * *
* * * * *

[Revise the second sentence in 16.5.4b to remove the option of a 
facsimile to read as follows:]

    b. * * * This tag also must be affixed to containers used for 
Priority Mail Open and Distribute shipments prepared under 16.5.1c or 
16.5.1d.

[Revise heading of 16.5.5 to read as follows:]

16.5.5 Tray Boxes--Express Mail Open and Distribute and Priority Mail 
Open and Distribute

[Revise 16.5.5 to read as follows:]

    As an alternative to sacks for Express Mail Open and Distribute and 
Priority Mail Open and Distribute shipments, unless prepared under 
16.5.1c or 16.5.1d, mailers may use USPS-supplied tray boxes for this 
service. Mailers must place a 1-foot or 2-foot letter tray into the 
appropriate size tray box.

16.5.6 Address Labels

[Revise the first sentence of 16.5.6 by removing Label 23 as follows:]

    In addition to Tag 157, Tag 161, or Tag 190, USPS-supplied 
containers and envelopes and mailer-supplied containers used for 
Express Mail Open and Distribute or Priority Mail Open and Distribute 
must bear an address label that states ``OPEN AND DISTRIBUTE AT:'' 
followed by the facility name. * * *
* * * * *

16.6 Enter and Deposit

[Revise the heading of 16.6.1 to read as follows:]

16.6.1 Verification

[Delete the second sentence in 16.6.1 and add new second sentence as 
follows:]

    * * * Open and Distribute containers must not be sealed until the 
BMEU verification and acceptance of the contents has been completed, 
unless accepted under an alternate procedure authorized by Business 
Mailer Support.

[Add new 16.6.2, Entry, as follows:]

16.6.2 Entry

    A PS Form 3152, Confirmation Services Certification, must accompany 
each shipment. Mailers must present shipments to the BMEU with enough 
time for acceptance, processing, and dispatch before the facility's 
critical entry time for Express Mail or Priority Mail.
* * * * *
    We will publish an appropriate amendment to 39 CFR Part 111 to 
reflect these changes.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-6102 Filed 3-23-10; 8:45 am]
BILLING CODE 7710-12-P