[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Rules and Regulations]
[Pages 10021-10029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4333]
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POSTAL SERVICE
39 CFR Part 111
Contents of Second-Class Mail
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: On July 20, 1994, the Postal Service published a proposed rule
for public comment in the Federal Register (59 FR 37011-37018) that
would revise the current standards in the Domestic Mail Manual (DMM) on
materials eligible for mailing at second-class rates with authorized
second-class publications. This final rule adopts most of the proposed
changes to the standards governing the contents and characteristics of
second-class mail.
The final rule adopts the proposed objective criteria for
determining which materials may be mailed at second-class rates,
revises the regulations on pages with``novel characteristics,'' and
liberalizes the standards governing the mailing of products and product
samples. The final rule adds instructions specifying how advertising
content is measured and a new definition of public service
announcements. The Postal Service has decided not to adopt the proposal
to remove the current advertising [[Page 10022]] limitation on loose
supplements to bound publications.
EFFECTIVE DATE: March 27, 1995.
FOR FURTHER INFORMATION CONTACT: Jerome M. Lease, (202) 268-5188, or
Alixe M. Johnson, (312) 765-5487.
SUPPLEMENTARY INFORMATION: The proposed rule discussed in detail
efforts on the part of the Postal Service in recent years to adopt
standards that satisfy and protect the interests of both the mailing
public and the Postal Service regarding the mailing of additional
materials, such as supplements, at second-class rates. Changes in
technology, such as a publisher's ability to enclose a publication with
supplemental materials in a polybag, have led to a renewed debate over
the limits to which the standards should allow loose pieces, such as
advertising supplements, to be mailed with a publication at second-
class rates. Difficulty in consistent interpretation of the current
standards has been a major concern for the Postal Service. This
difficulty has required the need for additional Postal Service
resources for training and mail acceptance and has compromised the
ability of the Postal Service to consistently collect the correct
postage on second-class mail.
At the behest of the second-class mailing industry, the Postal
Service agreed to review the standards governing the contents of
second-class mail and solicit public comment on proposed changes. As a
result, the Postal Service published the proposed rule on July 20,
1994.
The comment period ended on September 19, 1994, and 27 written
comments were received from interested associations, publishers, and
individuals. Having given thorough consideration to these comments, the
Postal Service is now publishing its final rule. This final rule
completely reorganizes and renumbers DMM C200, using a format with four
main headings (as described in the proposed rule): 1.0 Permissible
Mailpiece Components, 2.0 Impermissible Mailpiece Components, 3.0
Mailpiece Construction, and 4.0 Printed Features. Following this new
format, each section and the comments applicable to that section are
summarized and discussed below. Affected sections of modules A, E, and
P of the DMM are also listed and discussed in detail.
Not specifically discussed below is one comment received that
stated general acceptance of the entire proposal. In addition, one
comment was received requesting that the Postal Service amend the
mailing standards governing carrier route second-class mail. This
comment is outside the scope of this rulemaking and is not addressed in
the final rule. One commenter noted an error in proposed C200.4.3
referring to an exception in C200.1.4d although no subsection C200.1.4d
was shown in the proposal. This omission is corrected in the final
rule.
Discussion of Comments
Additional Standards for Second-Class Mail (A010.7.0)
1. Preparation (A010.7.1)
This section, which provides the basic standards for addressing
second-class mail, is moved intact from current A200.1.1. No comments
were received. The proposal is adopted.
2. Address Labels (A010.7.2)
Current text from A200.1.2 forms this new section. No comments were
received. The proposal is adopted.
3. Address Placement (A010.7.3)
Current A200.1.3 is also relocated to these general standards for
addressing second-class mail. The section is revised for clarity. No
comments were received. The proposal is adopted.
4. Return Address (A010.7.4)
Instructions on mail requiring a return address when it is endorsed
``Return Postage Guaranteed'' are relocated from current A200.1.4. No
comments were received. The proposal is adopted.
Permissible Mailpiece Components (C200.1.0)
5. Pages (C200.1.1)
One commenter expressed concern over the proposed language that
states, in part, ``no page may have dimensions (when folded, if folded)
that exceed the dimensions of the cover of the publication.'' This
commenter was concerned about covers that are slightly shorter than the
full dimensions of the publication. The Postal Service believes that
this commenter's concern has merit. The Postal Service has removed the
reference to the cover of the publication. The pertinent phrase now
reads ``that exceed the dimensions of the publication.'' Three
commenters remarked favorably on proposed language that would allow
small amounts of fastening material such as grommets, string, or rubber
bands when used to assemble a page. No negative comments were received.
The proposed language is adopted with the revision noted above.
6. Parts and Sections (C200.1.2)
Although no substantive change concerning parts or sections was
proposed, four commenters offered remarks on the reorganized language
that carries forward the standards governing parts and sections. These
commenters suggested that the language providing that ``parts or
sections produced by someone other than the publisher may not be mailed
at second-class rates if these parts or sections are prepared by or for
advertisers or if they are provided to the publisher free or at a
nominal charge'' is unnecessary and/or confusing and should be
eliminated. This language essentially prohibits parts or sections
produced for advertising purposes. Such parts or sections have
historically been restricted from second-class eligibility and that
restriction remains in place. The Postal Service believes that the
language in question is useful in making it clear that pieces that are
not eligible as supplements may not be prepared as parts or sections in
order to qualify for mailing at second-class rates. The language is
also useful in providing a clear distinction between parts and sections
and other components such as supplements. The proposed language is
adopted with a minor revision providing that any postal official, not
just the rates and classification service centers, may request
publishers to submit contracts entered into with producers of parts or
sections.
7. Enclosures at First- or Third-Class Rates (C200.1.3)
This section clarifies the standards governing enclosures at First-
or third-class rates. No comments were received. The proposal is
adopted.
8. Enclosures at Second-Class Rates (C200.1.4)
Three commenters favored the proposed language clarifying that
permissible enclosures allowable at second-class rates are not counted
when determining the percentage of advertising in a second-class
publication, but instead are included in the total weight of the
publication reported on the mailing statement, either PS Form 3541-R or
PS Form 3541-N. Another commenter suggested that the section allowing a
receipt or request for a subscription to be accompanied by a single
sheet of printed matter containing information related exclusively to
it (proposed C200.1.4b) be revised to permit two separate sheets rather
than one. The revision to DMM language that allowed for a separate
single sheet was in [[Page 10023]] response to industry requests for
production flexibility, particularly to allow extended forms to be
divided into two separate sheets (e.g., order form and related
promotional information). See Postal Bulletin 21848 (August 19, 1993).
The Postal Service believes that it is inconsistent with the limited
nature of loose enclosures to consider allowing any additional material
as enclosures. The section is adopted as proposed.
9. Supplements (C200.1.5)
The proposed rule explained in detail the concerns expressed by
many publishers over a course of several years regarding the mailing
standard requiring that 25% nonadvertising content be included in all
loose supplements to bound second-class publications. Publishers have
asserted that this requirement is a burden to the industry and
unnecessarily restricts publishers from including desired advertising
and other supplemental materials with the host publication. At the
urging of those publishers, the Postal Service agreed to propose, for
public comment, elimination of the 25% nonadvertising requirement for
loose supplements to bound second-class publications. Two commenters
offered historical reviews of the regulations concerning second-class
supplements to support their position that relaxing the current
standard would damage the integrity of second-class mail. These
commenters were joined by eight other commenters who also opposed
eliminating the 25% nonadvertising requirement. Most often the reason
given was that the elimination of this requirement could diminish the
distinction between second-class and other classes of mail and
eliminate the preferential rate treatment accorded to second-class
mail. In one commenter's opinion, postal operations would also be
negatively impacted because more publishers would use polywrapping.
On the other hand, seven commenters offered support for the
elimination of the 25% nonadvertising requirement, although some
expressed concern about the continued viability of second-class mail if
safeguards are not taken to monitor second-class mailings strictly to
ensure that typical third-class matter not be allowed to be mailed at
second-class rates. For the most part, these seven commenters viewed
the elimination of the 25% nonadvertising requirement as an improvement
and believed that the overall limit on advertising is adequate to
protect the integrity of second-class mail.
The comments received on the elimination of the 25% nonadvertising
requirement indicate that there is no consensus within the second-class
industry on this proposal. Based on this lack of consensus, the Postal
Service has concluded that there is insufficient support for a change
to the existing standards at this time. Thus, the Postal Service will
retain the 25% nonadvertising requirement for loose supplements to
bound second-class publications.
Eight commenters supported the retention of the ``Supplement to''
endorsement requirement as a safeguard against the inclusion of third-
class material being carried as a supplement. One commenter favored the
complete elimination of the ``Supplement to'' endorsement. The Postal
Service believes that it is necessary to retain the ``Supplement to''
requirement as an indication that the material was designed for
inclusion with the publication. Therefore, this part of the rule is
adopted as proposed. Six commenters requested that the Postal Service
clarify that supplements to unbound publications do not require the
endorsement ``Supplement to'' unless the supplement is included loose
outside the publication. This final rule does so.
Three commenters expressed a concern that the proposed definition
of supplements would exclude from second-class eligibility special
supplemental advertising materials that are bound into a second-class
publication. The Postal Service considers such an advertisement to be
an integral part of the publication. It is not a ``supplement'' within
the meaning of this section. Six other commenters requested that the
Postal Service better define the term ``supplement'' to avoid any
misunderstanding over its use. Although, as indicated, some publishers
use the term ``supplement'' to refer to items that are either bound
into a bound publication or included loose with a bound publication,
the Postal Service considers the definition in the proposal to be less
confusing than prior definitions and a more accurate description of
what is acceptable as a supplement. The proposed definition is adopted
in the final rule.
One commenter disagreed with the requirement that the external
dimensions of a supplement (its length and height) may not exceed the
dimensions of the host publication. The commenter suggested that this
restriction be dropped if the publication and its supplement or
supplements are polybagged. The Postal Service considers the height and
length restriction on supplements to be a necessary requirement to aid
in recognizing the second-class piece as the host piece to ensure
proper handling as a time-value publication. Additionally, this
restriction promotes the production of a mailpiece (i.e., host and
supplement) that is easier to process. The proposal is adopted.
10. Covers (C200.1.6)
No comments were received concerning the proposed language in this
section. The proposal is adopted.
11. Mailing Wrappers (C200.1.7)
One commenter suggested that the definition of a wrapper include
the words ``partial wrapper,'' consistent with the use of this term
elsewhere in these standards (see C200.3.4). The Postal Service agrees.
This wording is added and the proposal is adopted.
12. Attachments (C200.1.8)
The rule as proposed in C200.1.8a allows for stickers of any size
and shape to be attached to the cover, protective cover, or mailing
wrapper if no portion of the publication name is obscured. One
commenter requested that this reference to stickers as attachments be
clarified to state that stickers attached to a page using any
manufacturing process are allowable. The Postal Service believes that
the suggested reference to ``any manufacturing process'' is too broad
and all inclusive and that the proposed language is sufficiently clear
and accommodating. No other comments were received. This section is
adopted as proposed.
13. Printed Additions (C200.1.9)
This section consolidates the list of words, characters, figures,
and phrases that may be added to a copy of a second-class publication
after it is printed or placed on the protective cover or mailing
wrapper. No comments were received. The proposal is adopted.
14. Label Carriers (C200.1.10)
One commenter suggested that a label carrier should be permitted
with publications enclosed within polywrap or a partial wrapper (such
as a sleeve). The Postal Service believes that there is merit in this
suggestion and has amended this section accordingly in the final rule.
Impermissible Components (C200.2.0)
15. General Standard (C200.2.1)
This section describes materials not eligible for second-class
rates. No comments were received. The proposal is adopted.
16. Prohibited Matter (C200.2.2)
This section describes those materials that are prohibited from
being mailed at [[Page 10024]] second-class rates whether as a loose
supplement, as a bound-in ``preprint,'' or as a run-of-press (ROP)
page. One commenter stated that the prohibitions should be applicable
to loose supplements only and not to preprints or ROP pages. The Postal
Service considers that, by definition, certain materials are not
eligible to be mailed at second-class rates. Further, the Postal
Service does not find the manner in which matter would be incorporated
in a host publication (e.g., as a loose supplement or bound-in
advertisement) to be a relevant factor in determining second-class
eligibility. The Postal Service believes that the listed elements for
prohibited matter should apply to all material offered for entry at the
second-class rates.
It was further suggested by a commenter that a USPS number be added
to the list of prohibited matter. Although separate second-class
publications may be combined under certain specified conditions, the
Postal Service believed that it was understood that a second-class
publication could not be mailed as a supplement. Seeing some merit in
this suggestion, the Postal Service has added a USPS number to the list
of prohibited matter (see C200.2.2e) to clarify this point.
Two commenters strongly favored the Postal Service's new list of
objective criteria for defining those independent publications that are
ineligible to be mailed at second-class rates. One commenter stated
that the list of prohibited items does not go far enough to ensure that
prohibited independent publications not be allowed to mail at second-
class rates, and suggested that the standards be revised to retain a
specific prohibition against ``independent publications'' and to treat
the list of components as creating a strong presumption that the item
is (or is not) an independent publication. The commenter also suggested
that the list be expanded to include a separate table of contents,
pagination, and masthead as indicators of a publication's possible
independence. Eliminating the confusion surrounding what constitutes an
independent publication is a major objective of this rulemaking. The
Postal Service believes that the proposed rule as written serves to
eliminate such confusion and that it is not necessary to adopt
requirements more stringent than those in the proposed rule, especially
because the 25% nonadvertising requirement for loose supplements to a
bound publication has been retained. Therefore, except for the
aforementioned amendment, the proposal is adopted.
17. Products (C200.2.3)
The following proposed language concerning products drew numerous
comments: ``Printed pages, including oversized pages and calendars, are
not considered products if they are not separately distributed or
offered for sale, bear the name of the host publication and the issue
date, and relate to other advertising or nonadvertising content of the
host publication.'' Five commenters objected to this language as being
both too vague and too stringent (except for the prohibition against
such pages as calendars being offered for sale). Seven commenters were
in favor of the Postal Service's position that noncommercially
available oversized pages and calendars be permitted to be mailed at
second-class rates. The Postal Service intended this proposed revision
to allow pages (specifically pages prepared as posters) and calendars
that are not commercially sold or offered for sale by the publisher to
be included in publications mailed at the second-class rates. The
requirement for including the host publication name, issue date, and
the relation of the page or calendar to other advertising or
nonadvertising content of the host publication was intended to
demonstrate the piece's relationship to the host piece, thereby
reinforcing its acceptability. To minimize the likelihood of
misinterpretation, however, the Postal Service has reworded portions of
this section for greater clarity.
One commenter suggested that publishers should be allowed to sell
their own reprints and other reader service items to their subscribers
without paying a ``postage penalty.'' The Postal Service does not
believe that it is appropriate to allow publishers to obtain
preferential second-class rates for material that is also designed for
separate sale. This view is consistent with the exclusion from
eligibility for second-class rates of items bearing a separate price
(see C200.2.2a). Three commenters suggested that the word ``Poster'' be
included. The Postal Service does not wish to limit oversized pages to
posters because other items (e.g., maps, wall charts, and patterns)
will also be acceptable at second-class rates if not commercially
available or offered for sale.
18. Fourth-Class Mail (C200.2.4)
One commenter suggested that this section be revised to allow
second-class matter to be mailed with fourth-class matter at fourth-
class rates. However, the proposed section pertains to what may be
mailed at second-class rates. The comment goes beyond the scope of this
rulemaking. No other comments concerning this portion of the proposal
were received. The proposal is adopted as written.
19. Nonprinted Sheets (C200.2.5)
This section makes clear that any matter not formed of printed
sheets (except for small amounts of fastening material such as
grommets, string, or rubber bands needed to assemble the page [see
C200.1.1b]) is not eligible for second-class rates. No comments were
received. The proposal is adopted.
Mailpiece Construction (C200.3.0)
20. Bound/Unbound (C200.3.1)
This section defines bound and unbound publications for the
purposes of second-class mail. No comments were received. The proposal
is adopted.
21. Physical Size (C200.3.2)
This section explains that publications claimed at certain rates
may need to comply with other DMM standards regarding size or weight.
Additionally, it provides that requester publications must contain at
least 24 pages per issue. No comments were received. The proposal is
adopted.
22. Without Wrapper (C200.3.3)
One commenter suggested that the tolerance for protective covers
(i.e., \3/4\ inch of the edge opposite the fold or binding) in C200.3.5
be allowed for attachments to covers as well. The Postal Service agrees
that the standards governing protective covers and attachments to
covers should be consistent and has added language to permit acceptable
attachments to covers (as outlined in C200.1.8b) that come within \3/4\
inch opposite the fold or binding to be mailed without a wrapper. The
proposal is adopted with this clarification.
23. With Wrapper (C200.3.4)
No comments were received concerning the proposed language in this
section. The proposal is adopted.
24. Protective Cover (C200.3.5)
Two commenters supported the proposed language in C200.3.5, which
would allow a protective cover to be up to \3/4\ inch shorter than the
cover of the edge opposite the fold or binding. No negative comments
were received. The proposal is adopted.
25. APO/FPO Copies (C200.3.6)
This section requires that any single copy of an unbound
publication that includes any enclosures, supplements, or more than one
part or section and that is mailed to an APO/FPO address
[[Page 10025]] to be completely enclosed in a wrapper. No comments were
received. The proposal is adopted.
26. Sealing (C200.3.7)
This section explains that second-class mail must be prepared so
that it can be easily examined. No comments were received. The proposal
is adopted.
Printed Features (C200.4.0)
27. Publication Name; Notices (C200.4.1)
This section details how and where the publication name and any
notices must be displayed on the publication and any protective cover
or mailing wrapper. No comments were received. The proposal is adopted.
28. Endorsements (C200.4.2)
This section pertains to endorsement placement on second-class
mailing wrappers. No comments were received. The proposal is adopted.
29. Advertising (C200.4.3)
This section explains that, regardless of location, an
advertisement must be prepared as an integral part of the publication.
This section also details acceptable preparation standards for
advertisements. No comments were received. The proposal is adopted.
30. Marking of Paid Reading Matter (18 U.S.C. 1734) (C200.4.4)
This section on the marking of paid reading matter is carried word
for word from the current DMM. No comments were received. The proposal
is adopted.
Standards Applicable to All Second-Class Mail (E211)
31. Printed Sheets (E211.3.0)
Two commenters opposed the revision to this section, with one
commenter suggesting that the additional language would ``limit the
types of publications included within `printed sheet' and would exclude
publications printed on computer-readable plastic or metal sheets from
second-class eligibility.'' The language in E211.3.0 was not revised,
but taken word for word from current module C, Characteristics and
Content, of the DMM. The Postal Service did not propose to make any
change in its policy or interpretation concerning what constitutes a
printed sheet. Rather, the proposal was solely intended to move this
provision to a more appropriate position in module E, Eligibility. Four
commenters suggested that the section be revised to include ``plastic''
to describe permissible sheets mailed at second-class rates, and one
commenter suggested that the section be revised to include ``a small
swatch of cloth, fabric, wallpaper, or plastic.'' The current language
does not exclude materials such as plastic, and the Postal Service
believes that retention of the words ``or other similar materials'' is
preferable to an attempt to set forth a complete list of eligible
materials. The language is adopted as proposed.
32. Contents (E211.7.3)
Five commenters suggested that this section be revised to include
``buyers' guides'' as permissible contents to issues of a second-class
publication. The Postal Service believes that this is a reasonable
suggestion and has revised the wording accordingly. The proposal is
adopted with this change.
33. Back Numbers and Reprints (E211.9.0)
This section rewords for clarity current DMM requirements governing
back numbers and reprints. No comments were received. The proposal is
adopted.
34. Public Service (E211.11.2)
One comment was received concerning the Postal Service's proposed
definition of what constitutes a public service announcement,
expressing the concern that material on behalf of advertisers might be
published as part of a public service announcement. The Postal
Service's definition of advertising states, in part, ``articles, items,
and notices in the form of reading matter inserted by custom or
understanding that textual matter is to be inserted for the advertiser
or the advertiser's products in the publication in which a display
advertisement appears is `advertising.''' The Postal Service believes
that this provision is adequate to protect against the commenter's
concerns. Therefore, the definition as proposed is adopted.
Mixed Classes (P070)
35. Enclosures in Second-Class Publications (P070.2.0)
This section contains the general rule for postage payment on
enclosures in second-class mail. Current P070.2.4, which contains
instructions on how to mark mail including First- or third-class
enclosures, is moved from module P, Postage and Payment Methods, to the
revised module C (see C200.2.8b). No comments were received. The
proposal is adopted.
36. Computing Permit Imprint Postage (P070.2.8)
This section clarifies the procedures to follow when computing
permit imprint postage. No comments were received. The proposal is
adopted.
Basic Information (P200.1.0)
37. Measuring Advertising (P200.1.7)
One commenter asserted that this section is ``self-contradictory''
because some advertising space (e.g., columns as well as borders) is
required to be counted twice under these instructions. The proposed
standard does not require that advertising be counted twice. Consistent
with past practice, this provision provides that the publisher must use
the same method to compute the advertising/nonadvertising percentage
(e.g., column inches, square inches, or pages) consistently throughout
the measurement process. Instructions concerning the measurement of
portions of a page or blank borders are only meant to ensure that if an
advertising rate is paid for the material, it must be included in the
advertising percentage. For example, if an advertiser who pays for a
full page of advertising to be measured in column inches chooses to
produce a small advertisement surrounded by blank space on a full page
that contains 27 column inches, the entire 27 column inches must be
claimed at the advertising rate even though a majority of the page is
blank space. The Postal Service believes, therefore, that the standard
as proposed should be adopted.
Two commenters found the final sentence confusing in the section
that reads ``[w]hen two or more sheets or parts thereof are glued
together, the surface area of each sheet (front and back) is included
when measuring the advertising or nonadvertising portion.'' The Postal
Service agrees with this assessment and has changed the language to
read ``[w]hen two or more sheets are permanently glued together to form
a single sheet, the surface area of the resulting sheet (front and
back) is included when measuring the advertising or nonadvertising
portion.'' The proposal is adopted with this minor clarification.
List of Subjects in 39 CFR Part 111
Postal Service.
In view of the considerations discussed above, the Postal Service
hereby adopts the following amendments to the Domestic Mail Manual,
which is incorporated by reference in the Code of Federal Regulations
(see 39 CFR part 111.1).
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
[[Page 10026]] Authority: 5 U.S.C. 552(a), 39 U.S.C. 101, 401,
403, 404, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. Renumber existing Domestic Mail Manual A200.1.0 (including
Exhibit 1.3) as A010.7.0; renumber subsections accordingly and revise
as shown below; delete remainder of existing A200.
A010 General Information
* * * * *
7.0 ADDITIONAL STANDARDS FOR SECOND-CLASS MAIL
7.1 Preparation
[Insert text of existing A200.1.1.]
7.2 Address Labels
[Insert text of existing A200.1.2.]
7.3 Address Placement
The delivery address must be clearly visible on or through the
outside of the mailpiece, whether placed on a label or directly on the
host publication, a component, or the mailing wrapper. If placed on the
mailing wrapper, the address must be on a flat side, not on a fold (see
Exhibit 7.3). If a polybag is used, the address must not appear on a
component that rotates within the bag, and the address must remain
visible throughout the addressed component's range of motion.
7.4 Return Address
The return address must appear on any mailing wrapper that is
endorsed ``Return Postage Guaranteed.''
3. Replace current Domestic Mail Manual C200, Second-Class Mail,
with the following:
C200 Second-Class Mail
1.0 PERMISSIBLE MAILPIECE COMPONENTS
1.1 Pages
Pages are the printed sheets forming the publication or one of the
mailpiece's components, bearing advertising, nonadvertising, or both,
including pages having textual and graphic matter (see E211), blank
spaces for writing or marking, and material to be completed or used by
the reader. A minor portion of the pages in a second-class mailpiece
may have unusual characteristics, such as a different size, shape, or
construction, or portions that may be wholly or partially separable;
and pages prepared for folding out. No page may have dimensions (when
folded, if folded) that exceed the dimensions of the publication. Pages
are also subject to these standards:
a. A detachable coupon, application, or order form must relate
directly to advertising or nonadvertising matter printed on the page of
which it is a part or to which it is attached.
b. 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 fastening material
such as grommets, string, or rubber bands as needed to assemble the
page. Multilayer pages may also be formed as pouches or pockets but may
contain only permissible loose enclosures (see 1.4) or other securely
affixed permissible components.
c. Multiple pages may be held together by staples or other means
separate from and in addition to the regular binding of the
publication.
d. Oversized pages may be used for illustrations, charts, maps, and
other advertising and nonadvertising content.
1.2 Parts and Sections
Parts and sections are pages (subject to 1.1) that are physically
separate subdivisions of the publication, as identified by the
publisher. Each part or section must show the publication name, and the
number of parts or sections in the issue must be stated on the cover of
the first part or section. Parts or sections produced by someone other
than the publisher may not be mailed at second-class rates if these
parts or sections are prepared by or for advertisers or if they are
provided to the publisher free or at a nominal charge. On request,
publishers must submit contracts entered into with producers of parts
or sections.
1.3 Enclosures at First- or Third-Class Rates
Matter to be paid at the applicable First- or third-class rate may
be enclosed in a second-class mailpiece subject to these conditions:
a. The total weight of all enclosed third-class matter must be less
than 16 ounces.
b. Postage and fee payment is subject to P070. A permit imprint
that may appear on a First- or third-class enclosure must not be
visible when the mailpiece is prepared for mailing except as provided
under P070.
c. When enclosing nonincidental First- or any third-class mail,
combination envelopes or containers with separate parts for the two
classes of mail may be used. If both the sender's and addressee's names
and addresses are not on both pieces, the sender's name and address
must be placed on one piece and the addressee's name and address on the
other. Combination containers with inseparable parts may bear the names
and addresses on only one part.
d. The applicable ``First-Class Mail Enclosed'' or ``Third-Class
Mail Enclosed'' marking must be placed on or in the host publication if
it contains a nonincidental First- or any third-class enclosure. If
placed on the outer wrapper, polybag, envelope, or cover of the host
publication, the marking must be set in type no smaller than any used
in the required ``POSTMASTER: Send change of address * * *'' statement.
If placed in the identification statement, the marking must meet the
applicable standards. The marking must not be on or in copies not
accompanied by a First- or third-class enclosure unless additional
information is provided under the applicable postage payment standards
in P070.
1.4 Enclosures at Second-Class Rates
Only the following material may be included loose as an enclosure
in a second-class mailpiece and be paid at second-class rates, subject
to the corresponding conditions:
a. An incidental First-Class piece must be closely related but
secondary to the second-class publication with which it is enclosed and
must consist of matter that, if mailed separately, would require First-
Class postage. Examples of an incidental First-Class enclosure are a
bill for the publication, a statement of account for past publication
purchases, or a personal message or greeting included with the
publication.
b. A receipt, request, or order for a subscription may be printed
or written; prepared as a card or envelope, including business reply,
or as a combination form for the host and one or more second-class
publications issued by the same publisher; arranged to include a coin
receptacle; and inserted in an envelope within the publication. The
receipt or request may be part of or accompanied by a single sheet of
printed matter containing information related exclusively to a receipt
or request or order for a subscription to the host second-class
publication (or a combination of the host and other second-class
publications of the same publisher) if that printed matter does not
advertise, promote, or offer for sale other products or services.
c. A card or form for the recipient's use in providing address
correction information to the publisher may be printed or written;
prepared as a card or envelope, including business reply, or as a
combination form for two or more second-class publications issued by
the same publisher; inserted in an envelope that is attached to, bound
in, or loose within the publication; or prepared as a detachable part
of another permissible enclosure. [[Page 10027]]
d. Enclosures listed in 1.4b and 1.4c are not counted when
determining the percentage of advertising in the publication, but they
are included in the total weight of the publication reported on the
mailing statement. If the publication otherwise consists entirely of
nonadvertising matter, an incidental First-Class enclosure as described
in 1.4a may be treated as nonadvertising matter. In all other cases, an
incidental First-Class enclosure is considered part of the advertising
portion of the publication.
1.5 Supplements
A supplement is one or more pages (subject to 1.1) formed by one or
more printed sheets that are not bound into a publication. A supplement
may be devoted to a single topic and may contain material different
from that in the host publication. The external dimensions of a
supplement (i.e., its length and height) may not exceed those of the
host publication. Supplements are also subject to these conditions as
applicable:
a. A loose supplement to a bound second-class publication must
contain at least 25% nonadvertising matter and bear the endorsement
``Supplement to'' followed by the name of the publication or the
publisher. A bound publication with one or more supplements must be
enclosed in a wrapper under 3.4. If a supplement to a bound publication
is formed of more than one sheet, all sheets making up the supplement
must be bound together.
b. A supplement to an unbound publication must be combined with and
inserted within the publication under 3.3. If the supplement is
included loose outside the unbound publication, the publication and its
supplement must be enclosed in a wrapper or envelope under 3.4 and the
supplement must bear the endorsement ``Supplement to'' followed by the
name of the publication or publisher.
1.6 Covers
A cover may be placed on the outside of a second-class publication.
A protective cover is an additional cover placed around the outside of
a publication; preparation is subject to 3.5. Advertising,
nonadvertising, or both may be printed on the cover or protective
cover. The cover and protective cover on a publication are included
when measuring advertising percentage. Nothing may be attached to the
cover or protective cover except as permitted under 1.8.
1.7 Mailing Wrappers
A mailing wrapper is an envelope, sleeve, partial wrapper, or
polywrap used to enclose the mailpiece. Advertising may be printed on
the mailing wrapper and is included when measuring advertising
percentage. Nothing may be attached to the mailing wrapper except as
permitted under 1.8.
1.8 Attachments
The following may be attached to a page, cover, protective cover,
or mailing wrapper of a publication:
a. Stickers of any size and shape. If stickers are attached to the
cover, protective cover, or mailing wrapper, no portion of the
publication name may be obscured.
b. Material allowed as a loose enclosure described in 1.3 or 1.4.
When nonincidental First- and/or any third-class enclosures (see 1.3)
are attached, the marking ``First-Class'' or ``Letter Enclosed'' must
be on a First-Class attachment; ``Third-Class,'' on a third-class
attachment.
1.9 Printed Additions
Only the following may be printed on a copy of a second-class
publication after it is printed or placed on its cover, protective
cover, or mailing wrapper:
a. The name and address of the intended recipient or of the
publisher or sender.
b. The printed title of the publication and its place of
publication.
c. The expiration date of the subscription.
d. Requests for address-correction information from the addressee.
e. The words ``Sample Copy'' (on a sample), ``Marked Copy'' (when
the copy contains a marked item or article), or ``Return Postage
Guaranteed'' (when the copy is to be returned to the sender if
undeliverable as addressed).
f. The number of copies enclosed (on the outside of a package) or a
package count (e.g., ``2 of 4'') (on a package wrapper).
g. Corrections of typographical errors or a mark, except by written
or printed words, to call attention to a word or passage.
h. Printed messages not required to be mailed as First-Class Mail
or Express Mail.
1.10 Label Carriers
A label carrier is a single unfolded, uncreased sheet of card or
paper stock, securely affixed to the cover of the publication or large
enough so that it does not rotate inside the wrapper (as defined in
1.7) or cover the publication title (if placed over the front cover),
that is used to carry the delivery address for the mailpiece, subject
to these conditions:
a. The label carrier must bear the title of the second-class
publication; the second-class imprint or ``Second-Class'' endorsement
in the upper right corner of the address side (unless ``Second-Class''
is printed on the address side of the polybag); and the address to
which the mailpiece can be returned if undeliverable (if endorsed
``Return Postage Guaranteed'').
b. If the address remains clearly visible, the label carrier may
also bear a request for address correction from the addressee;
information for requesting or subscribing to the publication; or a
subscription or request form.
c. As applicable, the label carrier may show the endorsement
``First-Class Mail Enclosed'' or ``Third-Class Mail Enclosed'' or the
permit imprint used to pay postage for the First- or third-class
enclosure if that permit imprint is below the second-class imprint or
the endorsement ``Second-Class.''
d. Other printed information, whether advertising or
nonadvertising, is permitted only on the back of the label carrier and
is subject to measurement and postage payment accordingly. A single
line of text calling attention to information on the reverse may be
placed on the front of the label carrier. If any information on the
reverse of the label carrier is advertising, the line of text on the
front is also treated as advertising.
2.0 IMPERMISSIBLE COMPONENTS
2.1 General Standard
Regardless of preparation or characteristics, or whether otherwise
meeting the standards in 1.0, the materials described in 2.2 through
2.5 are not eligible for second-class rates.
2.2 Prohibited Matter
Material that contains any one of the following printed items or
that is referred to in a component of the second-class mailpiece (by
the use of one of these items) is ineligible to be mailed at second-
class rates:
a. A separate price or subscription instructions different from
those of the host publication.
b. The word ``Catalog.''
c. A First-, third-, or fourth-class permit imprint.
d. An ISBN (International Standard Book Number).
e. An ISSN (International Standard Serial Number) or USPS number
different from that of the host publication. [[Page 10028]]
2.3 Products
Products may not be mailed at second-class rates. Examples include
stationery (such as pads of paper or blank printed forms); cassettes;
floppy disks; merchandise; envelopes containing enclosures, other than
receipts, orders for subscriptions, and incidental First-Class matter;
and wall, desk, and blank calendars. Printed pages, including oversized
pages and calendars, are not considered products if they are not
offered for sale.
2.4 Fourth-Class Mail
Fourth-class mail may not be combined with a second-class
publication.
2.5 Nonprinted Sheets
Any matter not formed of printed sheets (except as permitted under
1.1b) is not eligible for second-class rates.
3.0 MAILPIECE CONSTRUCTION
3.1 Bound/Unbound
Publications may be prepared in either a bound or unbound form,
with or without wrappers unless required by 3.6. A bound publication is
a publication in which pages are securely held together by two or more
staples, spiral binding, glue, stitching, or other permanent fastening.
All other publications are unbound, including folded multisheet and
single-sheet publications and those in which pages are loose and
collated (``nested'') or in which pages are held together by a single
staple.
3.2 Physical Size
Standards for size or weight may apply to publications claimed at
certain rates. Requester publications must contain at least 24 pages
per issue.
3.3 Without Wrapper
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 second-class rates under 1.4 may be
included loose inside a bound unwrapped publication. An enclosure under
1.3 or 1.4 may be securely attached on the outside of an unwrapped
publication along the bound edge if it does not exceed any dimension of
the cover of the publication and comes within 3/4 inch of the edge
opposite the fold or binding.
3.4 With Wrapper
Except as provided in 1.5, when the mailpiece is completely
enclosed in a mailing wrapper, there are no restrictions on where the
components may be located within that wrapper. When a sleeve or other
partial wrapper is used, the components must be secured so that they do
not fall out during handling. Bound publications carrying loose
supplements or prepared in physically separate parts or sections must
be either completely enclosed in an envelope, plastic wrapper
(polybag), or paper wrapper or inserted within a sleeve so that the
component parts do not become separated while in the mail.
3.5 Protective Cover
If the mailpiece is not completely enclosed in a mailing wrapper,
any protective cover must cover both the front and back of the host
publication and extend to within at least 3/4 inch of the edge opposite
the fold or binding. If the host publication is bound, the protective
cover must be permanently attached to the publication.
3.6 APO/FPO Copies
Any single copy of an unbound publication that includes any
enclosures, supplements, or more than one part or section and that is
mailed to an APO/FPO address must be completely enclosed in a mailing
wrapper.
3.7 Sealing
Second-class mail must be prepared so that it can be easily
examined. The mailing of publications at second-class postage rates
represents consent by the sender to USPS inspection of the contents
whether loose or inserted in envelopes, wrappers, or other covers.
Mailers who want to ensure that publications are not opened for postal
inspection must pay First-Class rates and mark such mail accordingly.
4.0 PRINTED FEATURES
4.1 Publication Name; Notices
The publication name must be displayed prominently on the
publication, and the name must be visible through or displayed
prominently on any protective cover or mailing wrapper. The publication
name, followed immediately by the USPS publication number (or ISSN if
one has been assigned), and the mailing address to which undeliverable
copies or change-of-address notices are to be sent may be shown in the
upper left corner of the address side of a mailing wrapper or directly
on the outside of the host publication if it can be read when the
mailing wrapper is in place. The publication number includes an alpha
prefix and is to be within parentheses, e.g., THE NATIONAL WEEKLY (ISSN
9876-543X) or THE COMMUNITY (USPS 123-456).
4.2 Endorsements
Mailing wrappers that completely enclose the host publication must
bear the words ``Second-Class'' in the upper right corner of the
address area. If a clear plastic wrapper is used, those words may
appear anywhere on the address side of the wrapper or the topmost item
inside.
4.3 Advertising
Advertising (as defined in E211) may be printed on the pages of any
component of a publication, subject to the corresponding standards.
Regardless of location, an advertisement must be prepared as an
integral part of the publication. Except for advertisements in
supplements and on printed matter included as part of a receipt or
order (or request) for a subscription, all advertisements in a bound
publication must be permanently attached. Except as provided in 1.4d,
all advertising must be included in the advertising portion of the
issue measured under P200. Different advertising may occupy the same
space in different editions of the same issue.
4.4 Marking of Paid Reading Matter (18 USC 1734)
If a valuable consideration is paid, accepted, or promised for the
publication or any editorial or other reading matter in a second-class
publication, that matter must be plainly marked ``advertisement'' by
the publisher. When a single item of paid editorial or other reading
matter occupies more than one page, it need only be marked
``advertisement'' on the first page. The word ``advertisement'' may be
included in a statement that explains why the material is marked
``advertisement.'' Such a statement must be prominent on the first page
of the material and the word ``advertisement'' in the statement must be
in bold or italicized print or otherwise emphasized so that it can be
plainly seen. Editors or publishers who print such matter without
plainly marking it ``advertisement'' are subject to a fine of not more
than $500.
4. Revise Domestic Mail Manual E211, Standards Applicable to All
Second-Class Mail, to read as follows:
E211 Standards Applicable to All Second-Class Mail
* * * * *
3.0 PRINTED SHEETS
[Insert the following after the first sentence:]
[[Page 10029]] * * * Sheets may be die cut or deckle-edged and may
be made of paper, cellophane, foil, or other similar materials. * * *
* * * * *
7.0 ISSUES
* * * * *
7.3 Contents
Issues may include annual reports, directories, buyers'' guides,
lists, and similar material prepared as part of the contents if copies
of these issues bear the publication name and are included in the
regular subscription price.
* * * * *
9.0 BACK NUMBERS AND REPRINTS
[Combine 9.1 and 9.2; revise as follows:]
Second-class rates may be paid on mailings of back issues (if the
publication's second-class entry is in effect). Reprint copies of daily
publications printed within 1 week of the issue date and reprint copies
of other than daily publications printed before the next issue is
printed are also mailable at second-class rates. Other mailings of
reprint or back issues, including permanently bound reprint or back
issues, are subject to the applicable First-, third-, or fourth-class
rates.
* * * * *
11.0 ADVERTISING STANDARDS
* * * * *
11.2 Public Service
Public service announcements are announcements for which no
valuable consideration is received by the publisher, which do not
include any matter related to the business interests of the publisher,
and which promote programs, activities, or services of federal, state,
or local governments or of nonprofit organizations, or matters
generally regarded as in the public interest. Public service
announcements are not treated as advertising.
* * * * *
5. Revise Domestic Mail Manual P070, Mixed Classes, to read as
follows:
P070 Mixed Classes
* * * * *
2.0 ENCLOSURES IN SECOND-CLASS PUBLICATIONS
* * * * *
[Delete existing 2.4; renumber succeeding sections accordingly.]
* * * * *
2.8 Computing Permit Imprint Postage
[Renumber as 2.7 and insert the following after the first sentence:]
* * * The enclosure is eligible for the rate for its class of mail
that is most comparable to the presort and destination discounts that
apply to the second-class host piece. For example, a third-class
enclosure is eligible for the SCF entry discount if the publication is
deposited at the destinating SCF. When more than one enclosure of the
same class of mail is enclosed with a publication, the enclosures are
treated as a single enclosure for computing postage. * * *
* * * * *
6. In Domestic Mail Manual P200, Second-Class Mail, renumber
current 1.7 through 1.11 as 1.8 through 1.12, respectively; delete
current 2.3; renumber 2.4 and 2.5 as 2.3 and 2.4, respectively; add new
1.7 to read as follows:
P200 Second-Class Mail
1.0 BASIC INFORMATION
* * * * *
1.7 Measuring Advertising
The total advertising and nonadvertising portions may be determined
by column inches, square inches, pages, or by another recognized unit
of measure if the same unit of measure is used for both portions. One
full page of advertising must equal one full page of nonadvertising
regardless of the amount of blank space between each advertisement or
nonadvertising article on a page. If measured in column inches,
nonadvertising inches are determined by subtracting the total measured
advertising inches from the total column inches of the publication. A
blank page, portion of a page, or blank border or margin is counted as
advertising if consideration was received for the whole page, the blank
portion, or the blank border or margin. The border of a page is
otherwise considered neither advertising nor nonadvertising and is not
measured, but it is included in the total weight of the publication for
purposes of postage calculation. When measuring nonrectangular sheets,
the measurement is based on the smallest rectangle that could contain
the irregular sheet; exact measurement is not attempted. When two or
more sheets are permanently glued together to form a single sheet, the
surface area of the resulting sheet (front and back) is included when
measuring the advertising or nonadvertising portion.
* * * * *
A transmittal letter making these changes in the pages of the
Domestic Mail Manual will be published in the Federal Register as
provided by 39 CFR 111.3.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-4333 Filed 2-22-95; 8:45 am]
BILLING CODE 7710-12-P
