Content of Periodicals Mail, 47717-47720 [2010-19619]
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves regulations establishing,
disestablishing, or changing Regulated
navigation areas and security or safety
zones. The rule fits this category
because the Coast Guard is establishing
a safety zone from mile 56.7 to 57.6 on
the Kanawha River.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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(a) Location. The waters of the
Kanawha River beginning at mile 56.7
(C&O Railroad) and ending at mile 57.6
(Interstate Route 64 Bridge), extending
the entire width of the river.
(b) Enforcement periods. This section
of this rule will be enforced from 12
p.m. to 6 p.m. on August 20, 2010, and
from 6 a.m. to 5:30 p.m. on the dates of
August 21 and 22, 2010.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Ohio Valley.
(2) Persons or vessels requiring entry
into or passage through this zone must
request permission from the Captain of
the Port Ohio Valley, or a designated
representative. They may be contacted
on VHF–FM Channels 13 or 16, or by
telephone at 800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated on-scene U.S. Coast Guard
patrol personnel.
(4) On-scene U.S. Coast Guard patrol
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
Dated: July 21, 2010.
A.E. Tucci,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Ohio Valley.
[FR Doc. 2010–19520 Filed 8–6–10; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICETM
39 CFR Part 111
Content of Periodicals Mail
Postal ServiceTM
Final rule; revised.
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 707.3, to update ‘‘content
requirements’’ on materials eligible for
mailing at Periodicals prices with
authorized Periodicals publications.
DATES: Effective Date: August 9, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry
Lease, 202–268–7264.
SUPPLEMENTARY INFORMATION: The final
rule titled ‘‘Content of Periodicals Mail’’
published by the Federal Register on
SUMMARY:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
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§ 165.T08–0208 Safety Zone; Kanawha
River Mile 56.7 to Mile 57.6 Charleston, WV.
ACTION:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
13:27 Aug 06, 2010
2. Add § 165.T08–0208 is added to
read as follows:
■
AGENCY:
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
VerDate Mar<15>2010
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
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July 20, 2010 (75 FR 41989–41991) is
revised to incorporate minor changes in
text and an earlier effective date. The
DMM standards will be updated during
its regular monthly update on
September 7, 2010.
After discussions with Periodicals
customers, the Postal Service agreed to
review the standards governing contents
of Periodicals mail, and decided to
update several standards. This rule
removes the current advertising
limitation on loose supplements, except
for unwrapped copies of loose
addressed supplements included in a
mailing for an authorized Periodicals
publication. The final rule also revises
the regulations on pages, specifically
multi-layer pages, giving publishers
more latitude in page design. The
provisions concerning the mailing of
products and product samples have
been updated and simplified. Finally,
the standards governing protective
covers and attachments have been
updated for consistency with past
rulings. This final rule was developed in
collaboration with numerous publishers
and Periodicals industry associations.
Background
In the 1980s, and again in the 1990s,
the Postal Service undertook extensive
reviews of the standards governing
content that could be mailed as part of
a periodical publication at Periodicals
prices (formerly second-class rates).
Advances in technology, and difficulty
in applying the standards, were key
factors in those reviews. On March 27,
1995, the Postal Service published a
final rule in the Federal Register (60 FR
10021–10029) revising the standards.
Since that time, the standards
governing contents of a publication
eligible for Periodicals prices have not
changed, except for several minor
modifications. In addition, there has
been no discernable movement of
printed advertising materials, or other
matter, from Standard Mail to
Periodicals mail.
The changes to the standards reflected
in this final rule concentrate on four
areas of ‘‘content’’ provisions and
mailpiece construction:
• DMM 707.3.3.1, Pages.
• DMM 707.3.3.5, Supplements.
• DMM 707.3.4.3, Products.
• DMM 707.3.5, Mailpiece
Construction.
Æ Specifically DMM 707.3.5.4,
Without Mailing Wrapper.
Æ and DMM 707.3.5.6, Cover Page
and Protective Cover.
Pages
A requirement for all Periodicals
publications is that they be comprised
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
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of ‘‘printed sheets.’’ In the March 27,
1995 rulemaking, however, the printed
sheet requirement was relaxed to allow
small amounts of ‘‘fastening’’ material,
such as grommets, string, and rubber
bands, used to assemble a page. The
Postal Service concluded at that time
allowing such materials was not a
significant deviation from the ‘‘printed
sheet’’ rule because the changes were
consistent with the existing practice of
allowing Periodicals publications to be
bound with staples, saddle stitching, or
spiral binding.
More recently, publishers have argued
that the 1995 changes, unduly limit
creativity in designing publications that
appeal to their readers and advertisers.
These publishers also point out
advances in technology enable inclusion
of sound devices and video as part of a
printed page. Finally, they point out
that private delivery companies do not
impose similar restrictions on the
delivery of their publications, nor are
they prohibited from using such
technologies in the newsstand editions
of their publications.
Accordingly, DMM 707.3.3.1a is
revised to replace ‘‘fastening’’ with ‘‘nonpaper’’ in the first sentence to permit
non-paper materials other than fastening
materials in the construction of a
multilayer page. This change would
allow additional creativity in page
design. The sentence ‘‘Not all elements
that make up a multilayer page must be
printed’’ is added to 3.3.1a, for
additional transparency That sentence is
currently incorporated in Customer
Support Ruling (CSR) PS–234, titled
‘‘Multilayer pages in Periodicals
Publications.’’ Finally, the sentence ‘‘In
addition, multilayer pages may contain
novel characteristics such as an LED
display, a sound device, or battery
operated movable parts’’ is added to
3.3.1a, to allow publishers to take
advantage of current technologies,
within the boundaries of mailable
versus nonmailable matter as described
in DMM 601.
In addition, it should be noted that
publishers continue to be required to
adhere to the mailing standards
governing the Periodicals price category
claimed.
Supplement
Many publishers have considered the
25 percent nonadvertising standard for
loose supplements to be burdensome,
and inappropriate as a means of limiting
advertising in Periodicals mail. It is
often viewed as an unnecessary
restriction on a publisher’s ability to
choose whether to place advertising
matter in the host publication or
accompanying loose supplement.
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Moreover, the existing standards are
hard to apply. This problem exists for
customers and postal personnel, as
demonstrated by the numerous requests
for guidance directed to the Pricing and
Classification Service Center (PCSC) and
headquarters Mailing Standards
concerning what is advertising or
nonadvertising matter. Often, when
supplements are produced by third
parties, it becomes particularly difficult
to make such judgments. Contracts must
be reviewed to evaluate the
relationship(s) between parties.
Payment arrangements by outside
parties for the advertising portion of
supplements must be examined in
determining whether the material
qualifies as nonadvertising matter.
The Postal Service agrees that the 25
percent nonadvertising requirement
should be eliminated except for
separately addressed loose supplements
mailed with the host publication
outside a wrapper or polybag. The
Postal Service is revising DMM
707.3.3.5 as follows:
• In the first sentence of 3.3.5a., the
words ‘‘on the front cover/page’’ are
added to ensure that the required
‘‘Supplement to * * * ’’ endorsement is
shown on the front of the supplement.
• The words ‘‘contain at least 25%
nonadvertising material and’’ are deleted
from the first sentence of 3.3.5a.
• The words ‘‘must contain at least
25% nonadvertising material’’ apply
only to loose addressed supplements
when a wrapper is not required.
Product Samples
Product samples in Periodicals are not
new. However, no explicit DMM
standard acknowledges product samples
are mailable at Periodicals prices.
Mailability at Periodicals prices of
product samples is achieved by
‘‘altering’’ a product, such as by
changing the ingredients in fragrance
samples, limiting significantly the size
of a cosmetics sample, and requiring a
disclaimer that the sample ‘‘simulates’’
or is a ‘‘rendition’’ of an actual product.
Preparation guidelines are contained in
Customer Support Ruling (CSR) PS–273.
However, the Postal Service finds these
guidelines difficult to administer, with
documentation and verification of
compliance burdensome on publishers
and postal personnel.
In earlier rulemakings, the Postal
Service expressed the view that
applying the general requirement that
all Periodicals publications must be
formed of printed sheets is a sufficient
standard to limit the inappropriate
mailing of products and products
samples at Periodicals prices (see DMM
707.4.5). Changes to the standards
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described in this rule will continue to
exclude products such as stationery,
cassettes, floppy disks, DVDs, CDs, and
similar media, since they are not printed
sheets.
But allowing de minimis product
samples will reduce the burden of the
current guidelines. Consequently, and
consistent with requests by many
Periodicals publishers and Periodicals
association representatives, the Postal
Service has adopted a new provision in
the DMM allowing product samples in
de minimis form to be included as part
of a printed sheet. This change will
enhance both the value of some
advertisements to the reader, and the
overall value of the publication to the
reader. Although not explicitly required,
including the name of the host
publication and the issue or issue date
on the sample, and relating the sample
to advertising or nonadvertising within
the content of the host publication, will
provide further support that the piece is
properly prepared as a printed page (or
a portion of a multilayer page) in the
publication.
Product samples may not be included
in a Periodicals publication mailed at
letter-sized prices. The combined
weight of product samples in an issue
of a Periodicals publication cannot
exceed 3.3 ounces. Any product sample
that is a ‘‘packet’’ is limited to a weight
of no more than one ounce with a burst
strength minimum of 3,000 pounds per
square inch (PSI). Attachable product
samples, including packets weighing no
more than one ounce, may not be
affixed to either the front or back cover
page of a Periodicals publication, or
permissible component of a Periodicals
publication, even if the publication is
enclosed in a wrapper. Placement of
attachable product samples must
conform to machinability and uniform
thickness standards, and must be placed
no closer than 3⁄4 inch from any open
edge of any interior page.
Publishers are aware that in an
environment of ever-increasing
automated processing by the Postal
Service of all types of mail including
letters, flats, and parcels, it is critical
that Periodicals publications not impede
postal processing or damage postal
processing equipment. Accordingly, it is
reemphasized that any mailpiece to
which a product sample is added under
this new provision must meet the
standards for physical characteristics
related to basic mailability and to the
eligibility for the specific postage prices
claimed. In addition, all of the
mailability restrictions and prohibitions
in DMM 601 apply. See specifically
DMM 601.2.1, Packaging, and 601.10.5,
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
other securely affixed permissible
components.
Mailer Responsibility for Mailing
Hazardous Materials.
*
Products
Under impermissible mailpiece
components, ‘‘products’’ are redefined to
update the examples of impermissible
products in Periodicals.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ 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); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
700
*
*
*
707
*
*
*
*
*
*
*
3.0 Physical Characteristics and Content
Eligibility
*
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3.3
*
*
*
*
Permissible Mailpiece Components
3.3.1 Pages
* * * Pages are also subject to these
standards:
[Revise 3.3.1a. to replace ‘‘fastening’’ with
‘‘non-paper’’ materials in the first sentence
and to include new language to further
describe a multilayer page as follows:]
a. Multilayer pages (including pages
formed by sheets glued together and pages
that have unusual shapes, such as cutouts,
movable flaps, or ‘‘pop-ups’’) may include
small amounts of non-paper material such as
grommets, string, or rubber bands as needed
to assemble the page. Not all elements that
make up a multilayer page must be printed.
In addition, multilayer pages may contain
novel characteristics such as an LED display,
a sound device, or battery operated movable
parts. Multilayer pages may also be formed
as pouches or pockets, but may contain only
permissible loose enclosures (see 3.3.4) or
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*
*
*
*
*
*
[Renumber current 3.3.9 and 3.3.10 as 3.3.10
and 3.3.11 accordingly, and add new 3.3.9 to
provide for ‘‘product samples’’ in Periodicals
publications as follows:]
Periodicals
*
*
*
3.3.5 Supplement
* * * Supplements are also subject to
these conditions as applicable:
[Revise 3.3.5a. to make clear that the
required supplement endorsement must be
shown on the front/cover page. In addition,
the requirement that a supplement to a
bound Periodicals publication contain at
least 25% nonadvertising is eliminated
except for unwrapped loose supplements.]
a. A loose supplement to a bound
Periodicals publication must bear on the
front/cover page the endorsement
‘‘Supplement to’’ followed by one of the
following: The title of the publication, the
name of the publisher, or ‘‘Periodicals
Publication.’’ A bound publication with one
or more supplements must be enclosed in a
wrapper. However, a wrapper is not required
when a loose supplement is included within
the same mailing as the host publication,
bears a proper delivery address, contains at
least 25% nonadvertising material, and
includes on the front/cover page the
endorsement ‘‘Periodicals Supplement to’’
followed by the exact title and issue date of
the host publication. The external
dimensions of such unwrapped supplements
may exceed those of the host publication
provided they are of the same processing
category as the host publication. If a
supplement to a bound publication is formed
of more than one sheet, all sheets making up
the supplement must be bound together.
*
Special Standards
*
*
3.3.9 Product Samples
Subject to the requirements in 3.3.1 and
3.4.5, product samples: Related to print
advertising in the issue and are not offered
for sale within the meaning of 3.4.2a and
3.4.3 may be included in a Periodicals
publication as a page, or part of a multilayer
page. Examples include, but are not limited
to, a swatch of cloth; a paper towel as part
of a printed page, or printed paper towel; a
bandage; and fragrance, cosmetics, lotions, or
edibles in packet form. The combined weight
of product samples in an issue is limited to
3.3 ounces. Any product sample in the form
of a packet is limited in total weight to no
more than one ounce, but does not include
the page weight upon which the packet is
affixed. Packet product samples also must
have a minimum burst strength of 3,000
pounds per square inch (psi). Travel size and
similar small products in commercially
available form or packaging do not qualify as
permissible product samples, even if less
than 3.3 ounces. In addition, CDs, DVDs, and
similar media do not qualify as permissible
product samples. Permissible product
samples:
a. Are not eligible with letter-size pieces;
b. Must comply with hazmat standards
(601.10.5);
c. Must comply with machinability
standards, e.g. uniform thickness (301.1.4);
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d. Must not be attached to the front or back
cover page of the host Periodicals
publication, or any other permissible
component;
e. Must be secured in place (spine or tipon interior page) to prevent shifting (601.2.1);
and,
f. Must be placed at least 3⁄4 inch from all
non-bound edges of any interior page.
*
3.4
*
*
*
*
Impermissible Mailpiece Components
*
*
*
3.4.3
*
*
Products
[Revise 3.4.3 to update examples of
impermissible ‘‘products’’ in Periodicals
publications as follows:]
Except as provided for in 3.3.9, products
may not be mailed at Periodicals prices.
Examples include stationery (such as pads of
paper or blank printed forms); cassettes;
floppy disks; CDs; DVDs; merchandise,
including travel-size merchandise in
commercially available form or packaging;
and wall, desk, and blank calendars. Printed
pages, including oversized pages and
calendars, are not considered products if they
are not offered for sale.
*
3.5
*
*
*
*
Mailpiece Construction
*
*
3.5.4
Without Mailing Wrapper
*
*
*
[Revise the last sentence of 3.5.4 to allow for
3⁄4 inch clearance of any open edge on
attachments to a Periodicals publication as
follows:]
When the mailpiece does not have a
mailing wrapper, all the components of an
unbound publication must be combined with
and inserted inside the publication. Only
enclosures mailable at Periodicals prices
under 3.3.4 may be included loose inside a
bound unwrapped publication. An enclosure
under 3.3.3c, Enclosures at First-Class Mail
or Standard Mail Prices, or 3.3.4, Loose
Enclosures at Periodicals Prices, or a single
sheet prepared as an attachment under
3.3.8c, may be securely attached along the
bound edge on the outside of an unwrapped
publication if it does not exceed any
dimension of the cover of the publication and
comes within 3⁄4 inch of any open edge.
*
*
3.5.6
Cover Page and Protective Cover
*
*
*
[Revise the first sentence of 3.5.6 to allow for
3⁄4 inch clearance of any open edge on a
protective cover to a Periodicals publication
as follows:]
If the piece is not completely enclosed in
a mailing wrapper, then any protective cover
or cover page must cover both the front and
back of the host publication and extend to
within at least 3⁄4 inch of any open edge.
Exception: Flat-size pieces may have short
covers as provided in 301.3.5.2. If the host
publication is bound, the protective cover
must be permanently attached to the
publication.
*
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010–19619 Filed 8–6–10; 8:45 am]
BILLING CODE 7710–12–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2009–0085]
Final Theft Data; Motor Vehicle Theft
Prevention Standard
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Publication of 2007 final theft
data; Correction.
AGENCY:
The National Highway Traffic
Safety Administration (NHTSA)
published in the Federal Register of
March 10, 2010, a document on thefts of
model year (MY) 2007 passenger motor
vehicles that occurred in calendar year
(CY) 2007. The document was
published with several errors. In that
publication, a vehicle line was omitted
from the theft rate data which affected
the overall theft rate calculation, the
number of vehicle lines above the 1990/
1991 median theft rate and the vehicle
rankings. Additionally, vehicle line
names and production numbers were
listed incorrectly. The republishing of
this document in its entirety corrects
those errors.
This document publishes the final
data on thefts of model year (MY) 2007
passenger motor vehicles that occurred
in calendar year (CY) 2007. The final
2007 theft data indicated a decrease in
the vehicle theft rate experienced in
CY/MY 2007. The final theft rate for MY
2007 passenger vehicles stolen in
calendar year 2007 is 1.85 thefts per
thousand vehicles, a decrease of 11.1
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SUMMARY:
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percent from the rate of 2.08 thefts per
thousand in 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Ms. Mazyck’s telephone number is (202)
366–0846. Her fax number is (202) 493–
2990.
SUPPLEMENTARY INFORMATION: This final
notice revises the Federal Register
notice published on March 10, 2010 (75
FR 11005) which omitted a vehicle line
from the theft rate list. This omission
affected the theft rate calculation, the
number of vehicle lines above the 1990/
1991 median theft rate and the vehicle
rankings. Additionally, vehicle line
names and production numbers
erroneously were not listed correctly.
The document has been revised and is
reprinted below in its entirety.
NHTSA administers a program for
reducing motor vehicle theft. The
central feature of this program is the
Federal Motor Vehicle Theft Prevention
Standard, 49 CFR part 541. The
standard specifies performance
requirements for inscribing and affixing
vehicle identification numbers (VINs)
onto certain major original equipment
and replacement parts of high-theft lines
of passenger motor vehicles.
The agency is required by 49 U.S.C.
33104(b)(4) to periodically obtain, from
the most reliable source, accurate and
timely theft data and publish the data
for review and comment. To fulfill this
statutory mandate, NHTSA has
published theft data annually beginning
with MYs 1983/84. Continuing to fulfill
the § 33104(b)(4) mandate, this
document reports the final theft data for
CY 2007, the most recent calendar year
for which data are available.
In calculating the 2007 theft rates,
NHTSA followed the same procedures it
used in calculating the MY 2006 theft
rates. (For 2006 theft data calculations,
see 73 FR 60633, October 14, 2008). As
in all previous reports, NHTSA’s data
were based on information provided to
NHTSA by the National Crime
Information Center (NCIC) of the
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Federal Bureau of Investigation. The
NCIC is a government system that
receives vehicle theft information from
nearly 23,000 criminal justice agencies
and other law enforcement authorities
throughout the United States. The NCIC
data also include reported thefts of selfinsured and uninsured vehicles, not all
of which are reported to other data
sources.
The 2007 theft rate for each vehicle
line was calculated by dividing the
number of reported thefts of MY 2007
vehicles of that line stolen during
calendar year 2007 by the total number
of vehicles in that line manufactured for
MY 2007, as reported to the
Environmental Protection Agency
(EPA).
The final 2007 theft data show a
decrease in the vehicle theft rate when
compared to the theft rate experienced
in CY/MY 2006. The final theft rate for
MY 2007 passenger vehicles stolen in
calendar year 2007 decreased to 1.85
thefts per thousand vehicles produced,
a decrease of 11.1 percent from the rate
of 2.08 thefts per thousand vehicles
experienced by MY 2006 vehicles in CY
2006. The data has shown an overall
decreasing trend in theft rates since CY
1993, with periods of increase from one
year to the next.
For MY 2007 vehicles, out of a total
of 206 vehicle lines, 15 lines had a theft
rate higher than 3.5826 per thousand
vehicles, the established median theft
rate for MYs 1990/1991. (See 59 FR
12400, March 16, 1994). Of the 15
vehicle lines with a theft rate higher
than 3.5826, 13 are passenger car lines,
two are multipurpose passenger vehicle
lines, and none are light-duty truck
lines.
The MY 2007 theft rate reduction is
consistent with the general decreasing
trend of theft rates over the past 15 years
as indicated by Figure 1. We note,
however, that the theft rate from 2003 to
2007 is virtually unchanged (1.84 to
1.85). This suggests that the progress
made since 1992 may have reached the
limits of current approaches to reducing
vehicle thefts, and that some new
approaches should be added.
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Rules and Regulations]
[Pages 47717-47720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19619]
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POSTAL SERVICE\TM\
39 CFR Part 111
Content of Periodicals Mail
AGENCY: Postal Service\TM\
ACTION: Final rule; revised.
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SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) 707.3, to
update ``content requirements'' on materials eligible for mailing at
Periodicals prices with authorized Periodicals publications.
DATES: Effective Date: August 9, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry Lease, 202-268-7264.
SUPPLEMENTARY INFORMATION: The final rule titled ``Content of
Periodicals Mail'' published by the Federal Register on July 20, 2010
(75 FR 41989-41991) is revised to incorporate minor changes in text and
an earlier effective date. The DMM standards will be updated during its
regular monthly update on September 7, 2010.
After discussions with Periodicals customers, the Postal Service
agreed to review the standards governing contents of Periodicals mail,
and decided to update several standards. This rule removes the current
advertising limitation on loose supplements, except for unwrapped
copies of loose addressed supplements included in a mailing for an
authorized Periodicals publication. The final rule also revises the
regulations on pages, specifically multi-layer pages, giving publishers
more latitude in page design. The provisions concerning the mailing of
products and product samples have been updated and simplified. Finally,
the standards governing protective covers and attachments have been
updated for consistency with past rulings. This final rule was
developed in collaboration with numerous publishers and Periodicals
industry associations.
Background
In the 1980s, and again in the 1990s, the Postal Service undertook
extensive reviews of the standards governing content that could be
mailed as part of a periodical publication at Periodicals prices
(formerly second-class rates). Advances in technology, and difficulty
in applying the standards, were key factors in those reviews. On March
27, 1995, the Postal Service published a final rule in the Federal
Register (60 FR 10021-10029) revising the standards.
Since that time, the standards governing contents of a publication
eligible for Periodicals prices have not changed, except for several
minor modifications. In addition, there has been no discernable
movement of printed advertising materials, or other matter, from
Standard Mail to Periodicals mail.
The changes to the standards reflected in this final rule
concentrate on four areas of ``content'' provisions and mailpiece
construction:
DMM 707.3.3.1, Pages.
DMM 707.3.3.5, Supplements.
DMM 707.3.4.3, Products.
DMM 707.3.5, Mailpiece Construction.
[cir] Specifically DMM 707.3.5.4, Without Mailing Wrapper.
[cir] and DMM 707.3.5.6, Cover Page and Protective Cover.
Pages
A requirement for all Periodicals publications is that they be
comprised
[[Page 47718]]
of ``printed sheets.'' In the March 27, 1995 rulemaking, however, the
printed sheet requirement was relaxed to allow small amounts of
``fastening'' material, such as grommets, string, and rubber bands,
used to assemble a page. The Postal Service concluded at that time
allowing such materials was not a significant deviation from the
``printed sheet'' rule because the changes were consistent with the
existing practice of allowing Periodicals publications to be bound with
staples, saddle stitching, or spiral binding.
More recently, publishers have argued that the 1995 changes, unduly
limit creativity in designing publications that appeal to their readers
and advertisers. These publishers also point out advances in technology
enable inclusion of sound devices and video as part of a printed page.
Finally, they point out that private delivery companies do not impose
similar restrictions on the delivery of their publications, nor are
they prohibited from using such technologies in the newsstand editions
of their publications.
Accordingly, DMM 707.3.3.1a is revised to replace ``fastening''
with ``non-paper'' in the first sentence to permit non-paper materials
other than fastening materials in the construction of a multilayer
page. This change would allow additional creativity in page design. The
sentence ``Not all elements that make up a multilayer page must be
printed'' is added to 3.3.1a, for additional transparency That sentence
is currently incorporated in Customer Support Ruling (CSR) PS-234,
titled ``Multilayer pages in Periodicals Publications.'' Finally, the
sentence ``In addition, multilayer pages may contain novel
characteristics such as an LED display, a sound device, or battery
operated movable parts'' is added to 3.3.1a, to allow publishers to
take advantage of current technologies, within the boundaries of
mailable versus nonmailable matter as described in DMM 601.
In addition, it should be noted that publishers continue to be
required to adhere to the mailing standards governing the Periodicals
price category claimed.
Supplement
Many publishers have considered the 25 percent nonadvertising
standard for loose supplements to be burdensome, and inappropriate as a
means of limiting advertising in Periodicals mail. It is often viewed
as an unnecessary restriction on a publisher's ability to choose
whether to place advertising matter in the host publication or
accompanying loose supplement.
Moreover, the existing standards are hard to apply. This problem
exists for customers and postal personnel, as demonstrated by the
numerous requests for guidance directed to the Pricing and
Classification Service Center (PCSC) and headquarters Mailing Standards
concerning what is advertising or nonadvertising matter. Often, when
supplements are produced by third parties, it becomes particularly
difficult to make such judgments. Contracts must be reviewed to
evaluate the relationship(s) between parties. Payment arrangements by
outside parties for the advertising portion of supplements must be
examined in determining whether the material qualifies as
nonadvertising matter.
The Postal Service agrees that the 25 percent nonadvertising
requirement should be eliminated except for separately addressed loose
supplements mailed with the host publication outside a wrapper or
polybag. The Postal Service is revising DMM 707.3.3.5 as follows:
In the first sentence of 3.3.5a., the words ``on the front
cover/page'' are added to ensure that the required ``Supplement to * *
* '' endorsement is shown on the front of the supplement.
The words ``contain at least 25% nonadvertising material
and'' are deleted from the first sentence of 3.3.5a.
The words ``must contain at least 25% nonadvertising
material'' apply only to loose addressed supplements when a wrapper is
not required.
Product Samples
Product samples in Periodicals are not new. However, no explicit
DMM standard acknowledges product samples are mailable at Periodicals
prices. Mailability at Periodicals prices of product samples is
achieved by ``altering'' a product, such as by changing the ingredients
in fragrance samples, limiting significantly the size of a cosmetics
sample, and requiring a disclaimer that the sample ``simulates'' or is
a ``rendition'' of an actual product. Preparation guidelines are
contained in Customer Support Ruling (CSR) PS-273. However, the Postal
Service finds these guidelines difficult to administer, with
documentation and verification of compliance burdensome on publishers
and postal personnel.
In earlier rulemakings, the Postal Service expressed the view that
applying the general requirement that all Periodicals publications must
be formed of printed sheets is a sufficient standard to limit the
inappropriate mailing of products and products samples at Periodicals
prices (see DMM 707.4.5). Changes to the standards described in this
rule will continue to exclude products such as stationery, cassettes,
floppy disks, DVDs, CDs, and similar media, since they are not printed
sheets.
But allowing de minimis product samples will reduce the burden of
the current guidelines. Consequently, and consistent with requests by
many Periodicals publishers and Periodicals association
representatives, the Postal Service has adopted a new provision in the
DMM allowing product samples in de minimis form to be included as part
of a printed sheet. This change will enhance both the value of some
advertisements to the reader, and the overall value of the publication
to the reader. Although not explicitly required, including the name of
the host publication and the issue or issue date on the sample, and
relating the sample to advertising or nonadvertising within the content
of the host publication, will provide further support that the piece is
properly prepared as a printed page (or a portion of a multilayer page)
in the publication.
Product samples may not be included in a Periodicals publication
mailed at letter-sized prices. The combined weight of product samples
in an issue of a Periodicals publication cannot exceed 3.3 ounces. Any
product sample that is a ``packet'' is limited to a weight of no more
than one ounce with a burst strength minimum of 3,000 pounds per square
inch (PSI). Attachable product samples, including packets weighing no
more than one ounce, may not be affixed to either the front or back
cover page of a Periodicals publication, or permissible component of a
Periodicals publication, even if the publication is enclosed in a
wrapper. Placement of attachable product samples must conform to
machinability and uniform thickness standards, and must be placed no
closer than \3/4\ inch from any open edge of any interior page.
Publishers are aware that in an environment of ever-increasing
automated processing by the Postal Service of all types of mail
including letters, flats, and parcels, it is critical that Periodicals
publications not impede postal processing or damage postal processing
equipment. Accordingly, it is reemphasized that any mailpiece to which
a product sample is added under this new provision must meet the
standards for physical characteristics related to basic mailability and
to the eligibility for the specific postage prices claimed. In
addition, all of the mailability restrictions and prohibitions in DMM
601 apply. See specifically DMM 601.2.1, Packaging, and 601.10.5,
[[Page 47719]]
Mailer Responsibility for Mailing Hazardous Materials.
Products
Under impermissible mailpiece components, ``products'' are
redefined to update the examples of impermissible products in
Periodicals.
The Postal Service adopts the following changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), incorporated by reference in the Code of Federal Regulations.
See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
0
Accordingly, 39 CFR part 111 is amended as follows:
PART 111--[AMENDED.]
0
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM) as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
700 Special Standards
* * * * *
707 Periodicals
* * * * *
3.0 Physical Characteristics and Content Eligibility
* * * * *
3.3 Permissible Mailpiece Components
3.3.1 Pages
* * * Pages are also subject to these standards:
[Revise 3.3.1a. to replace ``fastening'' with ``non-paper''
materials in the first sentence and to include new language to
further describe a multilayer page as follows:]
a. Multilayer pages (including pages formed by sheets glued
together and pages that have unusual shapes, such as cutouts,
movable flaps, or ``pop-ups'') may include small amounts of non-
paper material such as grommets, string, or rubber bands as needed
to assemble the page. Not all elements that make up a multilayer
page must be printed. In addition, multilayer pages may contain
novel characteristics such as an LED display, a sound device, or
battery operated movable parts. Multilayer pages may also be formed
as pouches or pockets, but may contain only permissible loose
enclosures (see 3.3.4) or other securely affixed permissible
components.
* * * * *
3.3.5 Supplement
* * * Supplements are also subject to these conditions as
applicable:
[Revise 3.3.5a. to make clear that the required supplement
endorsement must be shown on the front/cover page. In addition, the
requirement that a supplement to a bound Periodicals publication
contain at least 25% nonadvertising is eliminated except for
unwrapped loose supplements.]
a. A loose supplement to a bound Periodicals publication must
bear on the front/cover page the endorsement ``Supplement to''
followed by one of the following: The title of the publication, the
name of the publisher, or ``Periodicals Publication.'' A bound
publication with one or more supplements must be enclosed in a
wrapper. However, a wrapper is not required when a loose supplement
is included within the same mailing as the host publication, bears a
proper delivery address, contains at least 25% nonadvertising
material, and includes on the front/cover page the endorsement
``Periodicals Supplement to'' followed by the exact title and issue
date of the host publication. The external dimensions of such
unwrapped supplements may exceed those of the host publication
provided they are of the same processing category as the host
publication. If a supplement to a bound publication is formed of
more than one sheet, all sheets making up the supplement must be
bound together.
* * * * *
[Renumber current 3.3.9 and 3.3.10 as 3.3.10 and 3.3.11 accordingly,
and add new 3.3.9 to provide for ``product samples'' in Periodicals
publications as follows:]
3.3.9 Product Samples
Subject to the requirements in 3.3.1 and 3.4.5, product samples:
Related to print advertising in the issue and are not offered for
sale within the meaning of 3.4.2a and 3.4.3 may be included in a
Periodicals publication as a page, or part of a multilayer page.
Examples include, but are not limited to, a swatch of cloth; a paper
towel as part of a printed page, or printed paper towel; a bandage;
and fragrance, cosmetics, lotions, or edibles in packet form. The
combined weight of product samples in an issue is limited to 3.3
ounces. Any product sample in the form of a packet is limited in
total weight to no more than one ounce, but does not include the
page weight upon which the packet is affixed. Packet product samples
also must have a minimum burst strength of 3,000 pounds per square
inch (psi). Travel size and similar small products in commercially
available form or packaging do not qualify as permissible product
samples, even if less than 3.3 ounces. In addition, CDs, DVDs, and
similar media do not qualify as permissible product samples.
Permissible product samples:
a. Are not eligible with letter-size pieces;
b. Must comply with hazmat standards (601.10.5);
c. Must comply with machinability standards, e.g. uniform
thickness (301.1.4);
d. Must not be attached to the front or back cover page of the
host Periodicals publication, or any other permissible component;
e. Must be secured in place (spine or tip-on interior page) to
prevent shifting (601.2.1); and,
f. Must be placed at least \3/4\ inch from all non-bound edges
of any interior page.
* * * * *
3.4 Impermissible Mailpiece Components
* * * * *
3.4.3 Products
[Revise 3.4.3 to update examples of impermissible ``products'' in
Periodicals publications as follows:]
Except as provided for in 3.3.9, products may not be mailed at
Periodicals prices. Examples include stationery (such as pads of
paper or blank printed forms); cassettes; floppy disks; CDs; DVDs;
merchandise, including travel-size merchandise in commercially
available form or packaging; and wall, desk, and blank calendars.
Printed pages, including oversized pages and calendars, are not
considered products if they are not offered for sale.
* * * * *
3.5 Mailpiece Construction
* * * * *
3.5.4 Without Mailing Wrapper
[Revise the last sentence of 3.5.4 to allow for \3/4\ inch clearance
of any open edge on attachments to a Periodicals publication as
follows:]
When the mailpiece does not have a mailing wrapper, all the
components of an unbound publication must be combined with and
inserted inside the publication. Only enclosures mailable at
Periodicals prices under 3.3.4 may be included loose inside a bound
unwrapped publication. An enclosure under 3.3.3c, Enclosures at
First-Class Mail or Standard Mail Prices, or 3.3.4, Loose Enclosures
at Periodicals Prices, or a single sheet prepared as an attachment
under 3.3.8c, may be securely attached along the bound edge on the
outside of an unwrapped publication if it does not exceed any
dimension of the cover of the publication and comes within \3/4\
inch of any open edge.
* * * * *
3.5.6 Cover Page and Protective Cover
[Revise the first sentence of 3.5.6 to allow for \3/4\ inch
clearance of any open edge on a protective cover to a Periodicals
publication as follows:]
If the piece is not completely enclosed in a mailing wrapper,
then any protective cover or cover page must cover both the front
and back of the host publication and extend to within at least \3/4\
inch of any open edge. Exception: Flat-size pieces may have short
covers as provided in 301.3.5.2. If the host publication is bound,
the protective cover must be permanently attached to the
publication.
* * * * *
[[Page 47720]]
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010-19619 Filed 8-6-10; 8:45 am]
BILLING CODE 7710-12-P
