Eligibility for Commercial Flats Failing Deflection, 12981-12988 [2010-5738]
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations
AIRAC date
State
City
Airport
FDC No.
FDC date
8–Apr–10 ......
AL
TUSCALOOSA .......
TUSCALOOSA REGIONAL ....
0/6915
2/23/10
8–Apr–10 ......
MI
SAGINAW ...............
MBS INTL ................................
0/7049
2/23/10
[FR Doc. 2010–5284 Filed 3–17–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 520
[Docket No. FDA–2010–N–0002]
Oral Dosage Form New Animal Drugs;
Tetracycline Powder
AGENCY:
Food and Drug Administration,
HHS.
ACTION: Final rule; technical
amendment.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by
Alpharma, Inc. The supplemental
NADA provides for revised labeling for
a 25 gram per pound concentration of
tetracycline hydrochloride soluble
powder used to make medicated
drinking water for calves, swine,
chickens, and turkeys for the treatment
and control of various bacterial diseases.
DATES: This rule is effective March 18,
2010.
FOR FURTHER INFORMATION CONTACT:
Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV–130), Food
and Drug Administration, 7500 Standish
Pl., Rockville, MD 20855, 240–276–
8341, e-mail:
cindy.burnsteel@fda.hhs.gov.
Alpharma,
Inc., 440 Rte. 22, Bridgewater, NJ 08807
filed a supplement to NADA 65–140
that provides for revised labeling for
DURAMYCIN–10 (tetracycline
hydrochloride), a soluble powder
containing 25 grams of tetracycline
hydrochloride per pound used to make
medicated drinking water for calves,
swine, chickens, and turkeys for the
treatment and control of various
bacterial diseases. The supplemental
application is approved as of January
12, 2010, and the regulations are
amended in 21 CFR 520.2345d to reflect
the approval.
In addition, FDA has noticed that this
approved concentration of tetracycline
soluble powder has not been codified
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SUPPLEMENTARY INFORMATION:
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for this sponsor. At this time, the
regulations are being amended to reflect
approval of this product. This change is
being made to improve the accuracy of
the animal drug regulations.
Approval of this supplemental NADA
did not require review of additional
safety or effectiveness data or
information. Therefore, a freedom of
information summary is not required.
The agency has determined under 21
CFR 25.33 that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 520
Animal drugs.
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
2. In § 520.2345d, revise paragraphs
(b)(2) and (b)(3); remove paragraph
(b)(4); and redesignate paragraph (b)(5)
as paragraph (b)(4) to read as follows:
■
§ 520.2345d
Tetracycline powder.
*
*
*
*
*
(b)* * *
(2) No. 000010: 102.4 and 324 grams
per pound as in paragraph (d) of this
section.
(3) No. 046573: 25, 102.4, and 324
grams per pound as in paragraph (d) of
this section.
*
*
*
*
*
Dated: March 5, 2010.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 2010–5925 Filed 3–17–10; 8:45 am]
BILLING CODE 4160–01–S
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12981
Subject
VOR OR TACAN RWY
AMDT 14C.
ILS RWY 23, AMDT 4A.
22,
POSTAL SERVICE
39 CFR Part 111
Eligibility for Commercial Flats Failing
Deflection
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Postal Service published
a proposed rule regarding eligibility for
commercial flats failing deflection in the
Federal Register on December 14, 2009.
This final rule provides revised mailing
standards and price eligibility for
commercial flats of all classes that fail
to meet the deflection standard.
DATES: Basic standards effective June 7,
2010, with price consequences effective
October 3, 2010.
FOR FURTHER INFORMATION CONTACT: Bill
Chatfield, 202–268–7278.
SUPPLEMENTARY INFORMATION: This final
rule contains modifications to the
original proposal, in response to
customer comments. The final rule does
not include changes to the deflection
standards, but to the pricing eligibility.
In response to the original deflection
proposal and scheduled implementation
in May 2009, customers expressed
concerns about the potential additional
postage due for pieces failing the
deflection standards. Based on these
concerns and to align with other quality
efforts, in December 2009 the Postal
Service proposed to change the price
eligibilities applicable for pieces that
fail the deflection standards.
In this final rule notice we provide
background, summary of the comments
received, our response to the comments,
a summary of the changes and revisions
to the applicable prices for pieces that
do not meet the deflection standards,
followed by changes to the mailing
standards in Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®).
Background
The Postal Service’s final rule for new
mailing standards to be effective in May
2009 was published in the Federal
Register (74 FR 15380–15384) on April
6, 2009. The final rule included new
deflection standards, previously
applicable only to automation flats, for
all commercial flat-size mail except
saturation and high-density Periodicals
and Standard Mail® flats, as a basic
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations
eligibility standard for categorization as
a flat. The implementation of the new
deflection standards was postponed
from the May 2009 date and was
subsequently deferred further to June
2010.
As a reminder, the USPS® relaxed the
deflection standards in 2007 by
increasing the permitted deflection to
up to 4″ for flat-size pieces at least 10″
long. Our difficulties in processing flats
that came close to that new maximum
deflection, and in processing oblongshaped flats, made it clear that the
change did not allow consistent,
successful processing and handling of
flats with the new maximum deflection.
Our delayed implementation of June 7,
2010 offered mailers the opportunity to
make changes to slightly stiffen or
redesign their ‘‘droopy’’ flats to meet the
new standards. The new deflection
standards allow 1 inch less of vertical
deflection (droop) than is currently
allowed; as an example, 3 inches of
deflection will be allowed for flats 10
inches or longer.
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Comments
We received 35 comments from
customers, including publishers, mailer
associations, and consumers. Some of
the commenters agreed with the general
intent of the pricing eligibility, to
encourage production of flats that we
are reliably able to process efficiently;
however even these commenters stated
that the proposed increase was too high
to be readily absorbed by mailers.
Commenters provided various
calculations—stating the increase for InCounty carrier route newspapers as 78
percent, the range of increase across
affected pieces as being from 8 percent
to 78 percent, and the increase for
Bound Printed Matter pieces from flats
to parcel prices as ‘‘excessive.’’ Many
commenters advocated exempting basic
carrier-route flats from the standard
altogether, or at least exempting carrierroute flats which also are dropshipped
to destination delivery units (DDUs).
Many of the commenters focused their
comments on the likely negative effect
on newspapers, which were generally
categorized by the commenters as
inherently unable to meet the new
deflection standards. Several
commenters noted that the increase for
the most part was proportional to the
sort level, the anomaly being the higher
percentage increase for basic carrier
route flats from carrier route to 5-digit
prices. Additional customer comments
and suggestions received:
• Many commenters were concerned
about inconsistent testing at acceptance;
some of those commenters suggested the
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need for a more objective verification
process or tool.
• A few commenters asked for an
error tolerance for flats in copalletized
or comailed mailings.
• Several commenters requested
sampling procedures for mailings of
nonidentical pieces, perhaps similar to
current manifest mailing sampling.
• The resultant increase in postage
costs was characterized as
discriminatory to newspapers.
• The resultant increase in postage
would be too cost prohibitive to
continue to mail and mailers may revert
to electronic, hand, or other private
delivery methods.
• The 5-digit price for carrier route
pieces failing deflection negates the
value of the sortation.
• The 5-digit price also negates the
DDU discount for carrier route flats
failing deflection (an apparent
consequence since there are no DDU
discount prices related to 5-digit
sortation).
• Some commenters asked for pricing
consequences similar to those for pieces
that fail Move Update tests.
• Several commenters suggested that
pieces receiving scans should be eligible
for full-service IMb® pricing. If
automation prices are denied, pieces
that are prepared to be part of fullservice IMb mailings would be
ineligible for full-service IMb.
• Quarter-folding newspapers may
bring flats into compliance, but at
additional cost; and quarter-folding
would not work well with any inserts.
Also, there was concern that quarterfolded papers might not process well
and may not provide a long-term
solution.
• Several commenters advocated a
prequalification process whereby
sample pieces would be submitted and
prequalified to pass deflection, to limit
mailers’ risk in producing pieces which
may be found to fail deflection at
acceptance. Linked with this suggestion
was a request for a tolerance of up to 1⁄2
inch from the standards.
• Some commenters were concerned
about their publications being drawn
into the Flats Sequencing Sortation
(FSS) workflow and possible negative
effects on service.
There were a few general comments
suggesting that the USPS should:
• Find the ability to accept pieces
with a wider array of designs rather than
limiting the designs of pieces that can
be accepted as ‘‘machinable’’ flats.
• Develop better advance
communication methods and
implement more thorough
communication to a wider spectrum of
mailers.
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• Provide intensive feedback about
failed pieces to mailers between now
and June 2010.
• Retain current deflection standards
for six more months and enlist the
assistance of a Lean Six-Sigma group.
Response to Comments
The prices proposed in our December
2009 proposal were developed in
response to concerns about the
previously proposed parcel price
consequences. If we had not proposed
these prices, most of the prices for
commercial flats failing deflection
would have been much higher than
those proposed in the December 2009
proposal. Because of the postponement
of price increases (for the affected
classes of mail) from May 2010 until
2011, we were limited to existing prices
in our establishment of prices for flimsy
or droopy flat-size pieces. For most
mailers, these prices can be avoided by
changing the design or production of
their mailpieces.
Flat-size pieces that do not meet
deflection standards are not currently
eligible for any automation flats prices,
including full-service Intelligent Mail
prices. Changes in mailing standards for
flats over the last few years have
brought the characteristics of mailpieces
mailed at nonautomation flats prices
more in line with automation flats
characteristics, to better enable us to
handle flats with or without a barcode.
There is ample evidence that flimsy flatsize pieces that fail to meet deflection
standards cannot be processed without
incurring many feeding and jamming
problems. Therefore, we cannot
continue to accept those pieces at prices
that are based on our ability to process
such pieces via automated processing.
Based on comments received, we are
making modifications to improve the
objectivity of the testing process. Also,
we are developing a random sampling
procedure to test mailings of
nonidentical pieces, including comailed
and copalletized mailings.
Some commenters requested a
prequalification process to ensure that
tested mailpiece designs would qualify
for automation or other specific prices
regardless of whether they actually
passed the deflection test at the time of
acceptance. We will not be
implementing a prequalification
process. Flats as they are produced and
presented for live mailing need to meet
all the standards for the applicable
prices. Just as we do today for a variety
of other standards, we have procedures
in place that encourage mailers to work
closely with local postal employees to
improve the quality of their mailpieces,
thereby reducing the possibility of
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incurring additional postage costs. We
will be expanding that evaluation
process to provide guidance as to
whether a sample mailpiece is likely to
meet the deflection standards. This
evaluation will allow mailers the
opportunity to adjust the mailpiece as
necessary to be eligible for machinable
or automation prices.
To additionally assist the mailing
community with feedback on their flatsize pieces, the USPS will continue to
use our electronic mail improvement
reporting (eMIR) system between now
and implementation to alert mailers
with problematic flats so that they may
adjust their mailpiece design and avoid
paying additional postage.
We strongly encourage mailers who
are considering quarter-folding their
flats to work with their local Mailpiece
Design Analyst to discuss all options.
We understand mailers’ concerns
about DDU entry, but this notice will
not address service implications related
to DDU entry or to FSS processing.
After consideration of the comments,
in recognition of the continued
allowance of flats entry to DDUs for
basic carrier route flats (Periodicals,
Standard Mail, and Bound Printed
Matter flats), we are exempting all basic
carrier route flats dropshipped to DDUs
from the deflection standards. This
exemption includes Periodicals
publications that are entered directly at
delivery units via specificallyauthorized exceptional dispatch
procedures. We may re-evaluate this
decision in the future and strongly
encourage customers with this type of
12983
mail to work toward meeting the
deflection standards.
We will not be exempting basic
carrier route flats that are not entered at
DDUs.
Recap of Pricing Eligibility
Effective October 3, 2010, for
commercial flats that fail to meet the
deflection standards, price eligibility by
class of mail is described in the tables
below. For all classes of mail, if the
mailing is determined not to meet the
deflection standards, the sortation for
failed pieces may remain as prepared.
However, for First-Class Mail presorted
flats that will pay single-piece prices,
the presorted marking must be
obliterated or corrected via the addition
of a ‘‘single-piece’’ marking.
FIRST-CLASS MAIL AUTOMATION
Eligibility with
failed deflection
Eligibility as presented
Automation
Automation
Automation
Automation
5-digit flat ..........................................................................................................................
3-digit ................................................................................................................................
ADC ..................................................................................................................................
MADC ...............................................................................................................................
Presorted
Presorted
Presorted
Presorted
flat.
flat.
flat.
flat.
FIRST-CLASS MAIL PRESORTED (NONAUTOMATION)
Eligibility with
failed deflection
Eligibility as presented
Presorted flat .......................................................................................................................................
Single-piece flat or presorted parcel.
PERIODICALS OUTSIDE COUNTY
Piece price eligibility as presented
Piece price eligibility with failed deflection
Basic Carrier Route flat, if not entered at a DDU ...............................................................................
Machinable barcoded 5-digit flat .........................................................................................................
Machinable barcoded 3-digit flat .........................................................................................................
Machinable barcoded ADC flat ............................................................................................................
Machinable barcoded MADC flat .........................................................................................................
Machinable nonbarcoded 5-digit flat ...................................................................................................
Machinable nonbarcoded 3-digit flat ...................................................................................................
Machinable nonbarcoded ADC flat ......................................................................................................
Machinable nonbarcoded MADC flat ...................................................................................................
Nonmachinable barcoded or nonbarcoded flat ...................................................................................
Machinable 5-digit flat.
Nonmachinable barcoded 5-digit flat.
Nonmachinable barcoded 3-digit flat.
Nonmachinable barcoded ADC flat.
Nonmachinable barcoded MADC flat.
Nonmachinable nonbarcoded 5-digit flat.
Nonmachinable nonbarcoded 3-digit flat.
Nonmachinable nonbarcoded ADC flat.
Nonmachinable nonbarcoded MADC flat.
Price claimed, if otherwise eligible.
PERIODICALS IN-COUNTY
Piece price eligibility with failed
deflection
Piece price eligibility as presented
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Basic Carrier Route flat, if not entered at a DDU ...............................................................................
Automation 5-digit flat ..........................................................................................................................
Automation 3-digit flat ..........................................................................................................................
Automation basic flat ...........................................................................................................................
Nonautomation
5-digit flat.
Nonautomation
Nonautomation
Nonautomation
(or automation, if barcoded)
5-digit flat.
3-digit flat.
basic flat.
STANDARD MAIL
Eligibility with
failed deflection
Eligibility as presented
Basic Carrier Route flat, if not entered at a DDU ...............................................................................
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Nonautomation 5-digit flat.
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations
STANDARD MAIL—Continued
Eligibility with
failed deflection
Eligibility as presented
Automation 5-digit flat ..........................................................................................................................
Automation 3-digit flat ..........................................................................................................................
Automation ADC flat ............................................................................................................................
Automation MADC flat .........................................................................................................................
Nonautomation flat (all sort levels) ......................................................................................................
Nonautomation
Nonautomation
Nonautomation
Nonautomation
Nonautomation
5-digit flat.
3-digit flat.
ADC flat.
MADC flat.
MADC flat.
BOUND PRINTED MATTER
Eligibility with
failed deflection
Eligibility as presented
Carrier Route flat, if not entered at a DDU .........................................................................................
Barcoded presorted flat .......................................................................................................................
Nonbarcoded presorted flat .................................................................................................................
Nonbarcoded nonpresorted flat ...........................................................................................................
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.
300
Commercial Mail Flats
*
*
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ Accordingly, 39 CFR part 111 is
amended as follows:
*
PART 111—[AMENDED]
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.
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)
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*
*
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*
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*
*
301
Physical Standards
1.0
Physical Standards for Flats
*
*
*
*
[Renumber current 1.6 and 1.7 as new
1.7 and 1.8.] [Move 301.3.2.3 in its
entirety, renumber as new 1.6, revise
heading and text and graphics to extend
revised maximum deflection standards
to all flat-size mailpieces, and delete
item c as follows:]
■
*
*
1.6 Maximum Deflection for Flat-Size
Mailpieces
Flat-size mailpieces must be flexible
(see 1.3) and must meet maximum
deflection standards. Flat-size pieces
mailed as high density or saturation
carrier route pieces, and basic carrier
route pieces entered by the mailer at
destination delivery units (DDUs), are
not required to meet these deflection
standards. Flat-size pieces mailed as
basic carrier route pieces that are not
entered at DDUs are not exempt from
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Carrier Route parcel.
Presorted parcel.
Presorted parcel.
Price as claimed, if otherwise eligible.
meeting the standards. Test deflection
as follows:
a. For pieces 10 inches or longer (see
Exhibit 1.5a):
1. Place the piece on a flat, straightedge surface with the length
perpendicular to the edge of the surface
and extend the piece 5 inches off the
edge of the surface. Test square-shaped
bound flats by placing the bound edge
parallel to the edge.
2. Place a flat 12-inch ruler (or other
similar flat object 12 inches or longer)
on top of the mailpiece with the length
parallel to the edge of the surface and
as close to the edge as possible so that
the 5-pound weight (see 1.6a3) does not
extend past the edge.
3. Place a certified 5-pound weight on
the center of the ruler to hold the piece
in place.
4. Determine the vertical deflection in
inches.
5. Turn the piece around 180 degrees
and repeat the process.
6. The piece is mailable as a flat if it
does not droop more than 3 inches
vertically at either end.
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on top of the mailpiece with the length
parallel to the edge of the surface and
as close to the edge as possible so that
the 5-pound weight (see 1.6b3) does not
extend past the edge.
3. Place a certified 5-pound weight on
the center of the ruler to hold the piece
in place.
4. Determine the vertical deflection in
inches.
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5. Turn the piece around 180 degrees
and repeat the process.
6. The piece is mailable as a flat if it
does not droop more than 2 inches less
than the extended length at either end.
For example, a piece 8 inches long
would be extended 4 inches
horizontally off a flat surface. It must
not droop more than 2 inches vertically
at either end.
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b. For pieces less than 10 inches long
(see Exhibit 1.6b):
1. Place the piece on a flat, straightedge surface with the length
perpendicular to the edge of the surface
and extend the piece one-half of its
length off the edge of the surface. Test
square-shaped bound flats by placing
the bound edge parallel to the edge.
2. Place a flat 12-inch ruler (or other
similar flat object 12 inches or longer)
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1.7 Flat-Size Pieces Not Eligible for
Flat-Size Prices
[Revise text of 1.7 to read as follows:]
Effective October 3, 2010, flat-size
mailpieces that do not meet the
standards in 1.3 through 1.5 or the
standards in 302.2.0 must pay
applicable higher prices as noted in
either 1.7a or 1.7b below.
a. Flat-size pieces that do not meet
flexibility, uniform thickness, or
polywrap standards in 1.3 through 1.5
must pay these applicable prices:
1. First-Class Mail—parcel prices.
2. Periodicals—parcel prices.
3. Standard Mail—Not FlatMachinable or parcel prices.
4. Bound Printed Matter—parcel
prices.
b. Flats that do not meet deflection
standards in 1.6 must pay the applicable
prices as noted in exhibit 1.7b. Under
the column heading ‘‘eligibility as
presented,’’ flats will be considered to be
presented as automation flats only if
they meet all other eligibility standards
for automation flats.
Exhibit 1.7b Pricing for Flats
Exceeding Maximum Deflection
The price consequences in this
exhibit are effective October 3, 2010 for
pieces failing the deflection standard in
1.6.
FIRST-CLASS MAIL AUTOMATION
Eligibility with
failed deflection
Eligibility as presented
Automation
Automation
Automation
Automation
5-digit flat ..........................................................................................................................
3-digit ................................................................................................................................
ADC ..................................................................................................................................
MADC ...............................................................................................................................
Presorted
Presorted
Presorted
Presorted
flat.
flat.
flat.
flat.
Eligibility as presented
Eligibility with failed deflection
Presorted flat .......................................................................................................................................
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Single-piece flat or presorted parcel.
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FIRST-CLASS MAIL PRESORTED (NONAUTOMATION)
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12987
PERIODICALS OUTSIDE COUNTY
Piece price eligibility as presented
Piece price eligibility with failed deflection.
Basic Carrier Route flat, if not entered at a DDU ...............................................................................
Machinable barcoded 5-digit flat .........................................................................................................
Machinable barcoded 3-digit flat .........................................................................................................
Machinable barcoded ADC flat ............................................................................................................
Machinable barcoded MADC flat .........................................................................................................
Machinable nonbarcoded 5-digit flat ...................................................................................................
Machinable nonbarcoded 3-digit flat ...................................................................................................
Machinable nonbarcoded ADC flat ......................................................................................................
Machinable nonbarcoded MADC flat ...................................................................................................
Nonmachinable barcoded or nonbarcoded flat ...................................................................................
Machinable 5-digit flat.
Nonmachinable barcoded 5-digit flat.
Nonmachinable barcoded 3-digit flat.
Nonmachinable barcoded ADC flat.
Nonmachinable barcoded MADC flat.
Nonmachinable nonbarcoded 5-digit flat.
Nonmachinable nonbarcoded 3-digit flat.
Nonmachinable nonbarcoded ADC flat.
Nonmachinable nonbarcoded MADC flat.
Price claimed, if otherwise eligible.
PERIODICALS IN-COUNTY
Piece price eligibility as presented
Piece price eligibility with failed deflection
Basic Carrier Route flat, if not entered at a DDU ...............................................................................
Nonautomation
5-digit flat.
Nonautomation
Nonautomation
Nonautomation
Automation 5-digit flat ..........................................................................................................................
Automation 3-digit flat ..........................................................................................................................
Automation basic flat ...........................................................................................................................
(or automation, if barcoded)
5-digit flat.
3-digit flat.
basic flat.
STANDARD MAIL
Eligibility as presented
Eligibility with failed deflection
Basic Carrier Route flat, if not entered at a DDU ...............................................................................
Automation 5-digit flat ..........................................................................................................................
Automation 3-digit flat ..........................................................................................................................
Automation ADC flat ............................................................................................................................
Automation MADC flat .........................................................................................................................
Nonautomation flat (all sort levels) ......................................................................................................
Nonautomation
Nonautomation
Nonautomation
Nonautomation
Nonautomation
Nonautomation
5-digit flat.
5-digit flat.
3-digit flat.
ADC flat.
MADC flat.
MADC flat.
BOUND PRINTED MATTER
Eligibility as presented
Eligibility with failed deflection
Carrie Route flat, if not entered at a DDU ..........................................................................................
Barcoded presorted flat .......................................................................................................................
Nonbarcoded presorted flat .................................................................................................................
Nonbarcoded nonpresorted flat ...........................................................................................................
*
*
*
*
*
2.1.2 Applying Outside-County Piece
Prices
3.0 Physical Standards for
Automation Flats
*
*
*
*
*
3.2 Additional Criteria for
Automation Flats
[Current 3.2.3 was previously
renumbered as new 1.6.]
*
*
*
*
*
Periodicals
*
mstockstill on DSKH9S0YB1PROD with RULES
707
*
*
*
*
2.0 Price Application and
Computation
2.1
Price Application
*
*
*
VerDate Nov<24>2008
*
*
17:27 Mar 17, 2010
Carrier Route parcel.
Presorted parcel.
Presorted parcel.
Price as claimed, if
otherwise eligible.
Jkt 220001
26.0 Physical Criteria for
Nonmachinable Flat-Size Periodicals
* * * Apply piece prices for OutsideCounty mail as follows:
*
*
*
*
*
[Revise item c1 to read as follows:]
c. Nonmachinable flats.
1. Apply the ‘‘Nonmachinable Flats—
Barcoded’’ prices to pieces that meet all
of the alternative standards for flats in
26.0 and include a barcode. Exception:
Barcoded pieces prepared under 26.0
and placed in 5-digit bundles pay the
‘‘Machinable Flats—Barcoded’’ 5-digit
price. Effective October 3, 2010,
‘‘nonmachinable’’ barcoded flats
claiming the machinable flats-barcoded
5-digit price must meet the deflection
standards in 301.1.0.
*
*
*
*
*
*
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
26.3
*
*
*
*
Flexibility and Deflection
[Revise the text of 26.3 to read as
follows:]
Pieces prepared under 26.0 are not
subject to the standards for flexibility in
301.1.3 or the standards for deflection in
301.3.2.3, except pieces claiming
machinable 5-digit prices under 2.1.
Effective October 3, 2010,
nonmachinable flats in 5-digit bundles
claiming 5-digit machinable flats prices
must meet the deflection standards in
301.1.0.
*
*
*
*
*
E:\FR\FM\18MRR1.SGM
18MRR1
12988
Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations
We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–5738 Filed 3–17–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2009–0027; FRL–9128–1]
RIN 2060–AO94
National Emission Standards for
Hazardous Air Pollutants for Area
Sources: Asphalt Processing and
Asphalt Roofing Manufacturing;
Technical Correction
ACTION:
Final rule; technical correction.
SUMMARY: On December 2, 2009, EPA
promulgated national emissions
standards for the control of emissions of
Hazardous Air Pollutants (HAP) from
the asphalt processing and asphalt
roofing manufacturing area source
category (74 FR 63236). Following
signature of this final rule, EPA
discovered three inadvertent
typographical errors in the numbering of
paragraphs and is correcting those errors
in this action.
DATES: This correction is effective on
April 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Warren Johnson at (919) 541–5124.
SUPPLEMENTARY INFORMATION:
I. Summary of Amendments
We promulgated national emissions
standards for the control of emissions of
HAP from the asphalt processing and
asphalt roofing manufacturing area
AGENCY: Environmental Protection
Agency (EPA).
source category on December 2, 2009
(40 CFR part 63, subpart AAAAAAA).
Following signature of the final asphalt
processing and asphalt roofing
manufacturing area source standards in
subpart AAAAAAA, we discovered
three inadvertent typographical errors in
the lettering of paragraphs in section
63.11563, entitled, ‘‘What are my
Monitoring Requirements?’’ We are
correcting those errors in this action.
Also, in section 63.11564, entitled,
‘‘What are my Notification,
Recordkeeping, and Reporting
Requirements?’’ we are amending cross
references to the paragraphs we are
correcting in section 63.11563 to satisfy
these cross references. A red line
version of the corrected rule language is
available in docket EPA–HQ–OAR–
2009–0027. Table 1 of this preamble
describes the five technical corrections
to 40 CFR part 63, subpart AAAAAAA.
TABLE 1—TECHNICAL CORRECTIONS TO 40 CFR PART 63, SUBPART AAAAAAA, SECTIONS 63.11563 AND 63.11564
Technical correction
Reason
In section 63.11563, replace paragraph letter ‘‘(l)’’ with paragraph letter
‘‘(g)’’.
To have this paragraph follow paragraph 63.11563(f) in proper sequence, and to satisfy the cross reference in section
63.11563(c)(2)(iii).
To have this paragraph follow corrected paragraph (g) in proper sequence.
To have this paragraph follow corrected paragraph (h) in proper sequence.
To satisfy the cross reference in section 63.11564(c)(8).
mstockstill on DSKH9S0YB1PROD with RULES
In section 63.11563, replace paragraph letter ‘‘(m)’’ with paragraph letter ‘‘(h)’’.
In section 63.11563, replace paragraph letter ‘‘(n)’’ with paragraph letter
‘‘(i)’’.
In section 63.11564(c)(8), replace cross reference to section
‘‘63.11563(b) or (l)’’ with ‘‘63.11563(b) or (g)’’.
In section 63.11564(c)(9), replace cross reference to section
‘‘63.11563(m)’’ with ‘‘63.11563(h)’’.
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the Agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making this technical
correction final without prior proposal
and opportunity for comment because
only simple typographical errors are
being corrected that do not substantially
change the Agency actions taken in the
final rule. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(3)(B). (See also the final
sentence of section 307(d)(1) of the
Clean Air Act (CAA), 42 U.S.C.
307(d)(1), indicating that the good cause
provisions in subsection 553(b) of the
APA continue to apply to this type of
VerDate Nov<24>2008
17:27 Mar 17, 2010
Jkt 220001
To satisfy the cross reference in section 63.11564(c)(9).
rulemaking under section 307(d) of the
CAA.)
II. Statutory and Executive Order
Reviews
Under Executive Order 12866,
Regulatory Planning and Review (58
F.R. 51735, October 4, 1993), this action
is not a ‘‘significant regulatory action’’
and is therefore not subject to review by
the Office of Management and Budget.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). The
technical corrections do not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Because EPA has made a ‘‘good cause’’
finding that this action is not subject to
notice and comment requirements
under the APA or any other statute (see
Section I of this preamble), it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act [5 U.S.C. 601 et seq.], or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) [Pub. L.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
104–4]. In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of the
UMRA.
This technical correction does not
have substantial direct effects on the
States, or on the relationship between
the national Government and the States,
or on the distribution of power and
responsibilities among the various
levels of Government, as specified in
Executive Order 13132, Federalism (64
FR 43255, August 10, 1999).
This action does not significantly or
uniquely affect the communities of
tribal governments, as specified by
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000). This correction also is not
subject to Executive Order 13045,
Protection of Children from
Environmental Health and Safety Risks
(62 FR 19885, April 23, 1997) because
it is not economically significant.
E:\FR\FM\18MRR1.SGM
18MRR1
]]>Agencies
[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 12981-12988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5738]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Eligibility for Commercial Flats Failing Deflection
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service published a proposed rule regarding
eligibility for commercial flats failing deflection in the Federal
Register on December 14, 2009. This final rule provides revised mailing
standards and price eligibility for commercial flats of all classes
that fail to meet the deflection standard.
DATES: Basic standards effective June 7, 2010, with price consequences
effective October 3, 2010.
FOR FURTHER INFORMATION CONTACT: Bill Chatfield, 202-268-7278.
SUPPLEMENTARY INFORMATION: This final rule contains modifications to
the original proposal, in response to customer comments. The final rule
does not include changes to the deflection standards, but to the
pricing eligibility. In response to the original deflection proposal
and scheduled implementation in May 2009, customers expressed concerns
about the potential additional postage due for pieces failing the
deflection standards. Based on these concerns and to align with other
quality efforts, in December 2009 the Postal Service proposed to change
the price eligibilities applicable for pieces that fail the deflection
standards.
In this final rule notice we provide background, summary of the
comments received, our response to the comments, a summary of the
changes and revisions to the applicable prices for pieces that do not
meet the deflection standards, followed by changes to the mailing
standards in Mailing Standards of the United States Postal Service,
Domestic Mail Manual (DMM[supreg]).
Background
The Postal Service's final rule for new mailing standards to be
effective in May 2009 was published in the Federal Register (74 FR
15380-15384) on April 6, 2009. The final rule included new deflection
standards, previously applicable only to automation flats, for all
commercial flat-size mail except saturation and high-density
Periodicals and Standard Mail[supreg] flats, as a basic
[[Page 12982]]
eligibility standard for categorization as a flat. The implementation
of the new deflection standards was postponed from the May 2009 date
and was subsequently deferred further to June 2010.
As a reminder, the USPS[supreg] relaxed the deflection standards in
2007 by increasing the permitted deflection to up to 4 for
flat-size pieces at least 10 long. Our difficulties in
processing flats that came close to that new maximum deflection, and in
processing oblong-shaped flats, made it clear that the change did not
allow consistent, successful processing and handling of flats with the
new maximum deflection. Our delayed implementation of June 7, 2010
offered mailers the opportunity to make changes to slightly stiffen or
redesign their ``droopy'' flats to meet the new standards. The new
deflection standards allow 1 inch less of vertical deflection (droop)
than is currently allowed; as an example, 3 inches of deflection will
be allowed for flats 10 inches or longer.
Comments
We received 35 comments from customers, including publishers,
mailer associations, and consumers. Some of the commenters agreed with
the general intent of the pricing eligibility, to encourage production
of flats that we are reliably able to process efficiently; however even
these commenters stated that the proposed increase was too high to be
readily absorbed by mailers. Commenters provided various calculations--
stating the increase for In-County carrier route newspapers as 78
percent, the range of increase across affected pieces as being from 8
percent to 78 percent, and the increase for Bound Printed Matter pieces
from flats to parcel prices as ``excessive.'' Many commenters advocated
exempting basic carrier-route flats from the standard altogether, or at
least exempting carrier-route flats which also are dropshipped to
destination delivery units (DDUs).
Many of the commenters focused their comments on the likely
negative effect on newspapers, which were generally categorized by the
commenters as inherently unable to meet the new deflection standards.
Several commenters noted that the increase for the most part was
proportional to the sort level, the anomaly being the higher percentage
increase for basic carrier route flats from carrier route to 5-digit
prices. Additional customer comments and suggestions received:
Many commenters were concerned about inconsistent testing
at acceptance; some of those commenters suggested the need for a more
objective verification process or tool.
A few commenters asked for an error tolerance for flats in
copalletized or comailed mailings.
Several commenters requested sampling procedures for
mailings of nonidentical pieces, perhaps similar to current manifest
mailing sampling.
The resultant increase in postage costs was characterized
as discriminatory to newspapers.
The resultant increase in postage would be too cost
prohibitive to continue to mail and mailers may revert to electronic,
hand, or other private delivery methods.
The 5-digit price for carrier route pieces failing
deflection negates the value of the sortation.
The 5-digit price also negates the DDU discount for
carrier route flats failing deflection (an apparent consequence since
there are no DDU discount prices related to 5-digit sortation).
Some commenters asked for pricing consequences similar to
those for pieces that fail Move Update tests.
Several commenters suggested that pieces receiving scans
should be eligible for full-service IMb[supreg] pricing. If automation
prices are denied, pieces that are prepared to be part of full-service
IMb mailings would be ineligible for full-service IMb.
Quarter-folding newspapers may bring flats into
compliance, but at additional cost; and quarter-folding would not work
well with any inserts. Also, there was concern that quarter-folded
papers might not process well and may not provide a long-term solution.
Several commenters advocated a prequalification process
whereby sample pieces would be submitted and prequalified to pass
deflection, to limit mailers' risk in producing pieces which may be
found to fail deflection at acceptance. Linked with this suggestion was
a request for a tolerance of up to \1/2\ inch from the standards.
Some commenters were concerned about their publications
being drawn into the Flats Sequencing Sortation (FSS) workflow and
possible negative effects on service.
There were a few general comments suggesting that the USPS should:
Find the ability to accept pieces with a wider array of
designs rather than limiting the designs of pieces that can be accepted
as ``machinable'' flats.
Develop better advance communication methods and implement
more thorough communication to a wider spectrum of mailers.
Provide intensive feedback about failed pieces to mailers
between now and June 2010.
Retain current deflection standards for six more months
and enlist the assistance of a Lean Six-Sigma group.
Response to Comments
The prices proposed in our December 2009 proposal were developed in
response to concerns about the previously proposed parcel price
consequences. If we had not proposed these prices, most of the prices
for commercial flats failing deflection would have been much higher
than those proposed in the December 2009 proposal. Because of the
postponement of price increases (for the affected classes of mail) from
May 2010 until 2011, we were limited to existing prices in our
establishment of prices for flimsy or droopy flat-size pieces. For most
mailers, these prices can be avoided by changing the design or
production of their mailpieces.
Flat-size pieces that do not meet deflection standards are not
currently eligible for any automation flats prices, including full-
service Intelligent Mail prices. Changes in mailing standards for flats
over the last few years have brought the characteristics of mailpieces
mailed at nonautomation flats prices more in line with automation flats
characteristics, to better enable us to handle flats with or without a
barcode. There is ample evidence that flimsy flat-size pieces that fail
to meet deflection standards cannot be processed without incurring many
feeding and jamming problems. Therefore, we cannot continue to accept
those pieces at prices that are based on our ability to process such
pieces via automated processing.
Based on comments received, we are making modifications to improve
the objectivity of the testing process. Also, we are developing a
random sampling procedure to test mailings of nonidentical pieces,
including comailed and copalletized mailings.
Some commenters requested a prequalification process to ensure that
tested mailpiece designs would qualify for automation or other specific
prices regardless of whether they actually passed the deflection test
at the time of acceptance. We will not be implementing a
prequalification process. Flats as they are produced and presented for
live mailing need to meet all the standards for the applicable prices.
Just as we do today for a variety of other standards, we have
procedures in place that encourage mailers to work closely with local
postal employees to improve the quality of their mailpieces, thereby
reducing the possibility of
[[Page 12983]]
incurring additional postage costs. We will be expanding that
evaluation process to provide guidance as to whether a sample mailpiece
is likely to meet the deflection standards. This evaluation will allow
mailers the opportunity to adjust the mailpiece as necessary to be
eligible for machinable or automation prices.
To additionally assist the mailing community with feedback on their
flat-size pieces, the USPS will continue to use our electronic mail
improvement reporting (eMIR) system between now and implementation to
alert mailers with problematic flats so that they may adjust their
mailpiece design and avoid paying additional postage.
We strongly encourage mailers who are considering quarter-folding
their flats to work with their local Mailpiece Design Analyst to
discuss all options.
We understand mailers' concerns about DDU entry, but this notice
will not address service implications related to DDU entry or to FSS
processing.
After consideration of the comments, in recognition of the
continued allowance of flats entry to DDUs for basic carrier route
flats (Periodicals, Standard Mail, and Bound Printed Matter flats), we
are exempting all basic carrier route flats dropshipped to DDUs from
the deflection standards. This exemption includes Periodicals
publications that are entered directly at delivery units via
specifically-authorized exceptional dispatch procedures. We may re-
evaluate this decision in the future and strongly encourage customers
with this type of mail to work toward meeting the deflection standards.
We will not be exempting basic carrier route flats that are not
entered at DDUs.
Recap of Pricing Eligibility
Effective October 3, 2010, for commercial flats that fail to meet
the deflection standards, price eligibility by class of mail is
described in the tables below. For all classes of mail, if the mailing
is determined not to meet the deflection standards, the sortation for
failed pieces may remain as prepared. However, for First-Class Mail
presorted flats that will pay single-piece prices, the presorted
marking must be obliterated or corrected via the addition of a
``single-piece'' marking.
First-Class Mail Automation
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Automation 5-digit flat.................... Presorted flat.
Automation 3-digit......................... Presorted flat.
Automation ADC............................. Presorted flat.
Automation MADC............................ Presorted flat.
----------------------------------------------------------------------------------------------------------------
First-Class Mail Presorted (Nonautomation)
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Presorted flat............................. Single-piece flat or presorted parcel.
----------------------------------------------------------------------------------------------------------------
Periodicals Outside County
----------------------------------------------------------------------------------------------------------------
Piece price eligibility as presented Piece price eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Basic Carrier Route flat, if not entered at Machinable 5-digit flat.
a DDU.
Machinable barcoded 5-digit flat........... Nonmachinable barcoded 5-digit flat.
Machinable barcoded 3-digit flat........... Nonmachinable barcoded 3-digit flat.
Machinable barcoded ADC flat............... Nonmachinable barcoded ADC flat.
Machinable barcoded MADC flat.............. Nonmachinable barcoded MADC flat.
Machinable nonbarcoded 5-digit flat........ Nonmachinable nonbarcoded 5-digit flat.
Machinable nonbarcoded 3-digit flat........ Nonmachinable nonbarcoded 3-digit flat.
Machinable nonbarcoded ADC flat............ Nonmachinable nonbarcoded ADC flat.
Machinable nonbarcoded MADC flat........... Nonmachinable nonbarcoded MADC flat.
Nonmachinable barcoded or nonbarcoded flat. Price claimed, if otherwise eligible.
----------------------------------------------------------------------------------------------------------------
Periodicals In-County
----------------------------------------------------------------------------------------------------------------
Piece price eligibility as presented Piece price eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Basic Carrier Route flat, if not entered at Nonautomation (or automation, if barcoded) 5-digit flat.
a DDU.
Automation 5-digit flat.................... Nonautomation 5-digit flat.
Automation 3-digit flat.................... Nonautomation 3-digit flat.
Automation basic flat...................... Nonautomation basic flat.
----------------------------------------------------------------------------------------------------------------
Standard Mail
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Basic Carrier Route flat, if not entered at Nonautomation 5-digit flat.
a DDU.
[[Page 12984]]
Automation 5-digit flat.................... Nonautomation 5-digit flat.
Automation 3-digit flat.................... Nonautomation 3-digit flat.
Automation ADC flat........................ Nonautomation ADC flat.
Automation MADC flat....................... Nonautomation MADC flat.
Nonautomation flat (all sort levels)....... Nonautomation MADC flat.
----------------------------------------------------------------------------------------------------------------
Bound Printed Matter
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Carrier Route flat, if not entered at a DDU Carrier Route parcel.
Barcoded presorted flat.................... Presorted parcel.
Nonbarcoded presorted flat................. Presorted parcel.
Nonbarcoded nonpresorted flat.............. Price as claimed, if otherwise eligible.
----------------------------------------------------------------------------------------------------------------
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); 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)
* * * * *
300 Commercial Mail Flats
* * * * *
301 Physical Standards
1.0 Physical Standards for Flats
* * * * *
[Renumber current 1.6 and 1.7 as new 1.7 and 1.8.] [Move 301.3.2.3
in its entirety, renumber as new 1.6, revise heading and text and
graphics to extend revised maximum deflection standards to all flat-
size mailpieces, and delete item c as follows:]
1.6 Maximum Deflection for Flat-Size Mailpieces
Flat-size mailpieces must be flexible (see 1.3) and must meet
maximum deflection standards. Flat-size pieces mailed as high density
or saturation carrier route pieces, and basic carrier route pieces
entered by the mailer at destination delivery units (DDUs), are not
required to meet these deflection standards. Flat-size pieces mailed as
basic carrier route pieces that are not entered at DDUs are not exempt
from meeting the standards. Test deflection as follows:
a. For pieces 10 inches or longer (see Exhibit 1.5a):
1. Place the piece on a flat, straight-edge surface with the length
perpendicular to the edge of the surface and extend the piece 5 inches
off the edge of the surface. Test square-shaped bound flats by placing
the bound edge parallel to the edge.
2. Place a flat 12-inch ruler (or other similar flat object 12
inches or longer) on top of the mailpiece with the length parallel to
the edge of the surface and as close to the edge as possible so that
the 5-pound weight (see 1.6a3) does not extend past the edge.
3. Place a certified 5-pound weight on the center of the ruler to
hold the piece in place.
4. Determine the vertical deflection in inches.
5. Turn the piece around 180 degrees and repeat the process.
6. The piece is mailable as a flat if it does not droop more than 3
inches vertically at either end.
[[Page 12985]]
[GRAPHIC] [TIFF OMITTED] TR18MR10.002
b. For pieces less than 10 inches long (see Exhibit 1.6b):
1. Place the piece on a flat, straight-edge surface with the length
perpendicular to the edge of the surface and extend the piece one-half
of its length off the edge of the surface. Test square-shaped bound
flats by placing the bound edge parallel to the edge.
2. Place a flat 12-inch ruler (or other similar flat object 12
inches or longer) on top of the mailpiece with the length parallel to
the edge of the surface and as close to the edge as possible so that
the 5-pound weight (see 1.6b3) does not extend past the edge.
3. Place a certified 5-pound weight on the center of the ruler to
hold the piece in place.
4. Determine the vertical deflection in inches.
5. Turn the piece around 180 degrees and repeat the process.
6. The piece is mailable as a flat if it does not droop more than 2
inches less than the extended length at either end. For example, a
piece 8 inches long would be extended 4 inches horizontally off a flat
surface. It must not droop more than 2 inches vertically at either end.
[[Page 12986]]
[GRAPHIC] [TIFF OMITTED] TR18MR10.003
1.7 Flat-Size Pieces Not Eligible for Flat-Size Prices
[Revise text of 1.7 to read as follows:]
Effective October 3, 2010, flat-size mailpieces that do not meet
the standards in 1.3 through 1.5 or the standards in 302.2.0 must pay
applicable higher prices as noted in either 1.7a or 1.7b below.
a. Flat-size pieces that do not meet flexibility, uniform
thickness, or polywrap standards in 1.3 through 1.5 must pay these
applicable prices:
1. First-Class Mail--parcel prices.
2. Periodicals--parcel prices.
3. Standard Mail--Not Flat-Machinable or parcel prices.
4. Bound Printed Matter--parcel prices.
b. Flats that do not meet deflection standards in 1.6 must pay the
applicable prices as noted in exhibit 1.7b. Under the column heading
``eligibility as presented,'' flats will be considered to be presented
as automation flats only if they meet all other eligibility standards
for automation flats.
Exhibit 1.7b Pricing for Flats Exceeding Maximum Deflection
The price consequences in this exhibit are effective October 3,
2010 for pieces failing the deflection standard in 1.6.
First-Class Mail Automation
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Automation 5-digit flat.................... Presorted flat.
Automation 3-digit......................... Presorted flat.
Automation ADC............................. Presorted flat.
Automation MADC............................ Presorted flat.
----------------------------------------------------------------------------------------------------------------
First-Class Mail Presorted (Nonautomation)
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Presorted flat............................. Single-piece flat or presorted parcel.
----------------------------------------------------------------------------------------------------------------
[[Page 12987]]
Periodicals Outside County
----------------------------------------------------------------------------------------------------------------
Piece price eligibility as presented Piece price eligibility with failed deflection.
----------------------------------------------------------------------------------------------------------------
Basic Carrier Route flat, if not entered at Machinable 5-digit flat.
a DDU.
Machinable barcoded 5-digit flat........... Nonmachinable barcoded 5-digit flat.
Machinable barcoded 3-digit flat........... Nonmachinable barcoded 3-digit flat.
Machinable barcoded ADC flat............... Nonmachinable barcoded ADC flat.
Machinable barcoded MADC flat.............. Nonmachinable barcoded MADC flat.
Machinable nonbarcoded 5-digit flat........ Nonmachinable nonbarcoded 5-digit flat.
Machinable nonbarcoded 3-digit flat........ Nonmachinable nonbarcoded 3-digit flat.
Machinable nonbarcoded ADC flat............ Nonmachinable nonbarcoded ADC flat.
Machinable nonbarcoded MADC flat........... Nonmachinable nonbarcoded MADC flat.
Nonmachinable barcoded or nonbarcoded flat. Price claimed, if otherwise eligible.
----------------------------------------------------------------------------------------------------------------
Periodicals In-County
----------------------------------------------------------------------------------------------------------------
Piece price eligibility as presented Piece price eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Basic Carrier Route flat, if not entered at Nonautomation (or automation, if barcoded) 5-digit flat.
a DDU.
Automation 5-digit flat.................... Nonautomation 5-digit flat.
Automation 3-digit flat.................... Nonautomation 3-digit flat.
Automation basic flat...................... Nonautomation basic flat.
----------------------------------------------------------------------------------------------------------------
Standard Mail
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Basic Carrier Route flat, if not entered at Nonautomation 5-digit flat.
a DDU.
Automation 5-digit flat.................... Nonautomation 5-digit flat.
Automation 3-digit flat.................... Nonautomation 3-digit flat.
Automation ADC flat........................ Nonautomation ADC flat.
Automation MADC flat....................... Nonautomation MADC flat.
Nonautomation flat (all sort levels)....... Nonautomation MADC flat.
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Bound Printed Matter
----------------------------------------------------------------------------------------------------------------
Eligibility as presented Eligibility with failed deflection
----------------------------------------------------------------------------------------------------------------
Carrie Route flat, if not entered at a DDU. Carrier Route parcel.
Barcoded presorted flat.................... Presorted parcel.
Nonbarcoded presorted flat................. Presorted parcel.
Nonbarcoded nonpresorted flat.............. Price as claimed, if
otherwise eligible.
----------------------------------------------------------------------------------------------------------------
* * * * *
3.0 Physical Standards for Automation Flats
* * * * *
3.2 Additional Criteria for Automation Flats
[Current 3.2.3 was previously renumbered as new 1.6.]
* * * * *
707 Periodicals
* * * * *
2.0 Price Application and Computation
2.1 Price Application
* * * * *
2.1.2 Applying Outside-County Piece Prices
* * * Apply piece prices for Outside-County mail as follows:
* * * * *
[Revise item c1 to read as follows:]
c. Nonmachinable flats.
1. Apply the ``Nonmachinable Flats--Barcoded'' prices to pieces
that meet all of the alternative standards for flats in 26.0 and
include a barcode. Exception: Barcoded pieces prepared under 26.0 and
placed in 5-digit bundles pay the ``Machinable Flats--Barcoded'' 5-
digit price. Effective October 3, 2010, ``nonmachinable'' barcoded
flats claiming the machinable flats-barcoded 5-digit price must meet
the deflection standards in 301.1.0.
* * * * *
26.0 Physical Criteria for Nonmachinable Flat-Size Periodicals
* * * * *
26.3 Flexibility and Deflection
[Revise the text of 26.3 to read as follows:]
Pieces prepared under 26.0 are not subject to the standards for
flexibility in 301.1.3 or the standards for deflection in 301.3.2.3,
except pieces claiming machinable 5-digit prices under 2.1. Effective
October 3, 2010, nonmachinable flats in 5-digit bundles claiming 5-
digit machinable flats prices must meet the deflection standards in
301.1.0.
* * * * *
[[Page 12988]]
We will publish an appropriate amendment to 39 CFR Part 111 to
reflect these changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-5738 Filed 3-17-10; 8:45 am]
BILLING CODE 7710-12-P
