FR Doc 04-23646
[Federal Register: October 27, 2004 (Volume 69, Number 207)]
[Rules and Regulations]               
[Page 62578-62583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc04-9]                         

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POSTAL SERVICE

39 CFR Part 111

 
Eligibility Requirements for Standard Mail

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: In this final rule the Postal Service adopts an amendment to 
Domestic Mail Manual (DMM) standards concerning material eligible for 
mailing at Standard Mail postage rates. The revised standards clarify 
the circumstances in which mail containing ``personal'' information may 
be eligible for Standard Mail, rather than First-Class Mail, rates. The 
amendment also reorganizes and renumbers other standards for First-
Class Mail and Standard Mail to better describe the service provided 
under each class.

EFFECTIVE DATE: June 1, 2005.

FOR FURTHER INFORMATION CONTACT: Sherry Freda, Manager, Mailing 
Standards, United States Postal Service, 202-268-7261.

SUPPLEMENTARY INFORMATION: In a proposed rule published in the Federal 
Register on April 19, 2004 (69 FR 20841), the Postal Service proposed 
an amendment to Domestic Mail Manual (DMM) standards governing material 
eligible for mailing at Standard Mail postage rates. The Postal Service 
adopts the proposal, with modifications, for the reasons explained 
below.

Background and Summary

    As discussed in the proposal, Postal Service standards for First-
Class Mail and Standard Mail are based, in part, on laws enacted by 
Congress and the specifications in the Domestic Mail Classification 
Schedule (DMCS). These DMCS standards specify that printed material 
weighing less than 16 ounces may be sent as Standard Mail if it is not 
required to be entered as First-Class Mail. Generally, mail wholly or 
partially in handwriting or typewriting, mail sealed against postal 
inspection, material having the character of actual and personal 
correspondence, and bills and statements of account must be mailed as 
First-Class Mail or Express Mail.
    Printed material, much of which is prepared by computer, often 
qualifies at Standard Mail rates, but not always. If it includes 
personal information, printed material may have the character of actual 
and personal correspondence and be subject to First-Class Mail rates. 
However, under certain limited conditions, printed material containing 
personal information may be eligible for Standard Mail rates.
    Over the last several years this provision has become more 
significant as advances in technology enabled mailers to increase the 
amount of ``personal information'' in computer-generated mailings, 
including advertising material typically entered as Standard Mail. In 
turn, this change has led to questions whether these mailings, 
including tax mailings, warranty information, proxy materials, 
financial services mailings such as credit card and equity loan 
advertisements, and others, would qualify as Standard Mail. As a 
result, in response to requests from postal customers for greater 
clarity on Standard Mail eligibility, the Postal Service determined to 
undertake this rulemaking.
    The main focus of the proposal was the adoption of more explicit 
guidance--a ``bright line''--concerning the inclusion of personal 
information in Standard Mail. Other eligibility

[[Page 62579]]

standards are left substantively unchanged, although they were 
reorganized for clarity and to better describe postal services.
    Clarifying the circumstances in which personal information may be 
included in Standard Mail is important for both the Postal Service and 
its customers. All parties--the Postal Service, mailers, and mail 
recipients--benefit from the provision of services that are fairly 
priced and secure. Customers need certainty in the prices they will pay 
for their mail, for budgeting and planning. Customers also need 
assurance that they are charged the same prices as other customers are 
charged for similar mail. From a postal perspective, consistent 
administration of mail acceptance and classification is a vital 
concern, and it is critical that all customers pay the proper rate of 
postage on their mail.
    Nevertheless, the Postal Service recognizes that it does not have 
unlimited rulemaking discretion in this area. The Domestic Mail Manual 
standards must be consistent with the provisions in the DMCS. Those 
provisions are established under procedures set forth in the Postal 
Reorganization Act and require a recommendation from the independent 
Postal Rate Commission (PRC) following a Postal Service request to 
effect changes. Therefore, while some commenters suggested radical 
revisions to the standards in this area, these revisions in many cases 
would require DMCS changes not contemplated in this rulemaking. Other 
commenters raised issues that are beyond the scope of this rulemaking 
and are not addressed here, such as comments concerning the procedures 
for issuing administrative decisions or disclaimers regarding 
solicitations in the guise of bills, invoices, or statements of account 
required by 39 U.S.C. 3001(d)(2)(A).
    This rulemaking is the first on this subject since the Postal 
Service created standards in the early 1980s recognizing technological 
advancements that permitted the inclusion of personal information in 
advertising material historically sent as Standard Mail. Before that 
rulemaking, the inclusion of any personal information in a mailpiece 
caused its classification as First-Class Mail. The examples that 
motivated that rulemaking involved instances where the only reason for 
inclusion of the personal information in the mailpiece was to support 
advertising or a solicitation for funds to a charitable organization. 
As explained in the proposal, the Postal Service continues to stand by 
the principles underlying that rulemaking and the policy that these 
advertising or solicitation mailings should be entitled to entry at 
Standard Mail rates.
    The mailpieces that have prompted concerns among mailers and the 
Postal Service are those that contain personal information that is 
included for a reason other than the support of advertising or a 
charitable solicitation. In some cases, the personal information 
supports an advertisement or solicitation but is also included for 
other reasons. And, in other cases, the personal information is not 
included to support an advertisement or solicitation, but is included 
only for other purposes. As an example, a mailpiece might convey to an 
addressee the specific terms of an insurance policy to which the 
addressee recently subscribed, such as the premiums, coverage, and 
policy conditions. This is personal information and is conveyed to the 
addressee to confirm the coverage he or she purchased. Similar 
mailpieces also might include a request that the addressee consider 
purchasing additional coverage.
    Another example might involve a firm that sells radios, computers, 
and clocks. The firm mails a warranty to customers who purchased 
computers. The mailing includes personal information that specifies the 
computer by model number, serial number, price, manufacturer, and date 
of purchase, and also features specific warranty provisions applicable 
to the product. The mailpiece advises the addressee/purchaser to retain 
the correspondence for his or her records. The specific information in 
the mailpiece associating the addressee to his or her computer purchase 
is considered personal information. Some of the firm's mailings also 
include advertising for radios, clocks, and other products sold by the 
firm.
    Consistent with the principles underlying the rulemaking in the 
1980s, the Postal Service believes it vital to consider the purposes 
for which personal information is included in a mailpiece. Where the 
personal information is included solely to support an advertisement or 
charitable solicitation, the mail will not be considered to have the 
character of actual and personal correspondence and may be eligible for 
Standard Mail rates (assuming it meets other applicable standards). In 
contrast, where the personal information is included for other 
purposes--rather than only to support a related advertisement or 
solicitation--the mailpiece will be considered to have the character of 
actual and personal correspondence and will not be eligible for 
Standard Mail rates. Accordingly, in the examples discussed above, the 
personal information is included to support purposes other than 
advertising, either in whole or in part, and the mailpieces are 
properly classified as First-Class Mail.

Summary of Comments

    The Postal Service received 402 written comments in response to its 
proposal, including several that were received late but were 
considered. The commenters were diverse, including approximately 350 
nonprofit organizations and organizations representing such 
organizations; Congressional representatives; private individuals; 
advocacy and political campaign constituencies; financial industry 
representatives; Periodicals industry representatives; and commenters 
concerned about privacy issues.
    Nearly all comments agreed with the Postal Service's goal to 
provide clearer guidance when mail containing personal information may 
be entered as Standard Mail. There were a variety of views on the 
effectiveness of the proposed changes, and many commenters suggested 
improvements. A small number suggested that the proposal be withdrawn 
and a new proposal considered, possibly following discussions with 
mailer groups. The Postal Service has carefully considered these 
comments and, in some respects, has modified the proposed rule. In 
other areas of concern, we are providing a more thorough explanation in 
this final rule or in other publicly available rulings, such as 
Customer Support Rulings (CSRs) on Postal Explorer (http://pe.usps.gov
). Since we believe that these actions satisfy the concerns 

expressed by commenters, we find that it is not necessary to withdraw 
the proposal and initiate a further rulemaking process.

Comments Analysis

    Many commenters expressed concern that application of the proposed 
``exclusive purpose'' test could cause mailings to be classified as 
First-Class Mail because of the inclusion of nonpersonal information in 
the mailpiece. This concern was most often expressed by nonprofit 
organizations and their representatives, who explained that many 
nonprofit mailings contain educational or other purely informational 
material in addition to solicitations for donations. These comments are 
well taken. Upon reviewing the proposal, the Postal Service agrees that 
a literal application of the proposed standard might result in

[[Page 62580]]

unintended consequences and has determined to revise the language.
    For example, assume a mailpiece entered by an authorized nonprofit 
organization included a cover letter seeking donations from members. 
The letter lists the member's donation from the previous year, which is 
considered personal information, and urges the member to double the 
amount this year. The only purpose for the personal information (the 
amount of the previous donation) is to support the solicitation for 
donations. However, also included in the mailpiece is a preprinted 
flyer outlining the extent of famine conditions internationally and 
explaining the organization's recent efforts concerning disaster 
relief. The purpose of this flyer is, at least in part, educational.
    The Postal Service believes this mailpiece, as described, should be 
eligible for Standard Mail rates, since the inclusion of purely 
nonpersonal, informational printed material should not disqualify it 
from the use of Standard Mail rates. However, that conclusion would be 
open to question under a literal application of the proposed rule, 
particularly proposed E610.3.1c, which considers whether the exclusive 
purpose of the ``mailpiece'' is advertising or a solicitation of 
donations.
    Although the Postal Service agrees that the concerns raised by 
nonprofits have merit, it has determined to adopt a different remedy 
than suggested. The remedy proposed by these commenters would apply 
only to nonprofit organizations. The Postal Service believes that 
excluding other mailers is inappropriate, since the inclusion of purely 
nonpersonal, informational material should not disqualify other mailers 
from using Standard Mail rates.
    Additionally, some commenters suggest a test where advertising or 
solicitation must be the primary (rather than the exclusive) purpose of 
the mailing. We believe that this test would be difficult to 
administer. In the example of the nonprofit mailing above, how would we 
determine the primary purpose of the mailpiece? Additionally, we find 
that a primary purpose test is unnecessary, if not inappropriate, in 
this context, because the amount of purely nonpersonal, printed 
informational material should not disqualify a mailpiece from the use 
of Standard Mail rates. In short, we do not believe the classification 
of a mailpiece should hinge on whether the solicitation or provision of 
nonpersonal information is the primary purpose of the mailpiece, as 
long as all personal information is included only to support the 
advertising or solicitation content.
    This approach is consistent with the principle underlying the early 
1980s rulemaking. Thus, in the nonprofit example described above, if 
the only purpose for including the personal information is to support a 
solicitation for donations, the inclusion of the personal information 
should not cause the piece to be classified as First-Class Mail. 
Further, the inclusion of purely nonpersonal educational or other 
informational content in the mailpiece should not disqualify the 
mailpiece from entry at Standard Mail rates, regardless of the amount 
of such information or its ratio to the amount of advertising content, 
subject to applicable weight limits for Standard Mail. Accordingly, we 
are deleting proposed E610.3.1c and substituting the following: ``The 
exclusive reason for inclusion of all of the personal information is to 
support the advertising or solicitation in the mailpiece.''
    Many of the remaining comments on the proposed rule center on two 
themes: a concern that the proposed rule will be difficult to 
administer or result in inconsistent decisions, and proposals for 
``safe harbors'' for the mail of specific industries. The financial 
industry, represented by seven commenters, requested a safe harbor for 
certain types of financial services mail, such as offers with terms or 
pricing that include pre-approved offers for credit and insurance. 
Another financial industry commenter requested a safe harbor for 
mailings required by regulations of other federal agencies. ``[C]hanges 
to the Title 12--Banks and Banking regulations that have resulted in 
written notification to customers. * * *'' is cited as the example. 
Representatives of authorized Nonprofit Standard Mail mailers offered a 
similar suggestion, proposing to permit the inclusion of personal 
information in nonprofit mail if it ``advances one or more qualifying 
purposes of the organization.''
    A small number of commenters representing an election campaign 
constituency claim that they are the subject of discrimination, on the 
basis that commercial mailings may be eligible for Standard Mail rates 
while sample ballots and other political campaign mail containing 
personal information is not. They support the intent of the proposed 
revisions as they affect commercial mailings but express the opinion 
that election campaign mail does not fit into the same category and any 
revisions ``should specifically exempt political mail.''
    The Postal Service does not believe it proper, nor believe itself 
authorized, to create ``safe harbors'' for the mail of particular 
mailers, particular industries, or types of customers. The standards in 
the Domestic Mail Manual must be consistent with the DMCS and 
applicable statutes. The DMCS creates general standards and does not 
suggest that certain types of mail or mailers be excepted from 
standards. This principle also is consistent with the Postal 
Reorganization Act, which prohibits the Postal Service (except where 
statutorily authorized) from undue or unreasonable discrimination among 
mailers in the provision of services (see 39 U.S.C. 403(c)).
    Moreover, even if the Postal Service had the authority to create 
``safe harbors,'' their adoption could create the type of 
administrative concerns that motivated this rulemaking. We would need 
to define the safe harbors and then apply the standards to determine 
whether a mailing meets that category. For example, if we adopted a 
safe harbor for financial services mailings containing personal 
information, we must define ``financial services'' mail, and then 
determine whether specific mailings fell within that definition. We 
believe that this determination would cause significant administrative 
problems.
    For similar reasons, permitting personal information that supports 
the mission of a nonprofit mailer would be difficult to administer. 
Acceptance decisions as to the nature of the mission of a nonprofit 
organization and whether the use of personal information ``supports'' 
that mission could become highly subjective and lead to inconsistencies 
and contested eligibility for nonprofit rates. We have also decided not 
to adopt the suggestion of mailers who, concerned with consistent 
application of the proposed standard, propose a definitive list of 
specific types of information or mailings required to be sent as First-
Class Mail. We believe that such a list would decrease the amount of 
mail eligible for Standard Mail rates. Moreover, we believe that it 
would create, and not ease, administrative concerns. First, since the 
business of our customers continues to evolve, the Postal Service would 
have to continuously review and revise the list, eliminating the 
certainty the list was intended to create. Second, as explained above 
in a different context, the Postal Service would have to define each 
item and apply it to an individual mailing. Again, we believe that this 
effort would lead to significant administrative problems.

[[Page 62581]]

    A number of commenters also expressed concern with the proposed 
``purpose'' test, believing it might lead to inconsistent decisions. We 
disagree. An ``exclusive purpose'' test should be much more 
consistently applied than a ``primary purpose'' test; there is no need 
to weigh various purposes against each other to determine which is 
predominant or ``primary.'' Instead, the only issue is whether there is 
a purpose for inclusion of the personal information other than the 
support of an advertisement or solicitation.
    Other commenters expressed concern about how postal employees will 
discern such a purpose, apparently believing that employees will 
attempt to do so based on their perception of the mailer's intent, by 
``reading the mind'' of the mailer. If we were asking this task of 
employees we would recognize that the commenters raised a valid 
concern. However, employees will not attempt to make a subjective 
determination of the mailer's intent. As explained in the proposal, 
employees will be trained to ``make a determination of mailpiece 
eligibility based on the mailpiece itself'' (see 69 FR 20843). 
Employees will not attempt to ``read the mailer's mind'' or make 
decisions based on their personal knowledge or belief as to the 
mailer's intention, but will make decisions based on the specific 
contents of the mailpiece.
    For example, a recent case involved summaries of expenditures over 
a specific time period (such as a year or quarter year). Where such 
pieces indicate that the information can be used to assist in tax 
preparation, for planning or budgeting purposes, or simply for the 
addressee's records, that language indicates that the purpose of the 
personal information, at least in part, is not to support an 
advertisement. A second example concerns the nonprofit solicitation 
described above. If the mailpiece stated that the information about the 
addressee's previous donation could serve as a receipt or be used for a 
tax record, that statement would indicate that there is a purpose for 
the information in addition to supporting the charitable solicitation.
    In addition to these administrative concerns, a number of 
commenters requested more guidance as to what constitutes ``personal 
information.'' Some commenters suggest a list of information considered 
``personal.'' Again, such suggestions raise administrative concerns. 
First, if the Postal Service were to publish such a list, it would be 
subject to continuous review and change as mailer practices evolve. 
Second, we suspect that we would be called upon to define each item and 
apply those definitions in the context of individual mailings. Again, 
we believe this application would lead to significant administrative 
problems.
    The proposal (69 FR 20843) did provide significant guidance about 
personal information. It explained that personal information includes 
``any information specific to the addressee'' and need not be unique to 
the addressee. This policy is the same as exists today. Additionally, 
we again point out that employees are trained to determine whether 
information is personal on the basis of the mailpiece itself. Our 
Customer Support Ruling concerning proxy statements (CSR PS-159) 
provides a good example. When a proxy card contains the number of 
shares without identifying the information, postal employees cannot 
determine what the number represents or whether it is personal to the 
addressee. Accordingly, it would not be considered personal 
information. In contrast, when the number is labeled ``shares,'' it is 
clear what the number represents, and that it is personal information 
to the addressee.
    One of the comments by an organization representing the interests 
of nonprofit organizations took issue with the language in the proposed 
rule that requires the advertising or solicitation to be ``explicit.'' 
The commenter argued that mailers may sometimes prefer a subtle sell to 
one that ``yells at the addressee.''
    This comment appears to be based on a misperception of the 
proposal. The Postal Service is not seeking to direct mailers' 
advertisement copy. The rule does not require a sell that ``yells at 
the addressee.'' Rather, it requires that the mailpiece be clear what 
product or service is offered for sale or lease, no matter how hard or 
soft the advertiser's copy. Moreover, if the product or service offered 
is not identified in the mailpiece, it is unlikely that the personal 
information could be directly related to it.
    Although we are not adopting the specific changes to the standards 
suggested by mailers concerned about the consistent application of our 
policies, we remain sensitive to the issues raised by these customers. 
We are taking a number of steps to alleviate these concerns and ensure 
the consistent application of the rules. We will undertake extensive 
training of postal personnel, including training emphasizing that these 
mail classification decisions must be based upon the content of the 
mailpiece, rather than the employee's perception or personal belief 
concerning the purposes of the mailer or the mailpiece. Second, 
consistent with the recommendations of a number of commenters, we are 
reviewing our CSRs on these issues. CSRs are ``case studies'' publicly 
available on the Postal Service's Postal Explorer Web site (http://pe.usps.gov
) and provide specific guidance concerning the application 

of mailing standards. Current CSRs will be updated and re-issued in 
harmony with the effective date of the new standards. Moreover, both in 
advance of and following the effective date of the new standard, the 
Postal Service will consider and issue new CSRs concerning ``cases'' 
that have arisen, or that are expected to arise, under the new 
standards.
    Finally, the Postal Service is willing to provide mailers with 
advance rulings, during the planning or pre-production stages of their 
mailings, so that customers will have certainty regarding the prices 
they will be asked to pay at the acceptance dock. This guidance is 
generally already available to mailers on an informal, local basis, and 
some mailers routinely take advantage of this opportunity. The Postal 
Service plans to expand the availability of these types of rulings.
    Several of the remaining commenters, noting privacy and security 
issues, urged that certain types of mailings not be permitted to be 
entered as Standard Mail to protect highly personal information. One 
such commenter suggested that the Postal Service roll back the use of 
personal information in Standard Mail to the ``permissible written 
additions'' (e.g., name of the addressee and marks, numbers, names, or 
letters describing the contents) customarily allowed in Standard Mail 
prior to the precedent rulemaking of the 1980s upon which this 
clarification is based.
    For the reasons discussed above, the Postal Service will not 
classify mail based on the specific nature of the personal information 
provided in the mailpiece or provide a list of personal information 
required to be sent as First-Class Mail. We note, nonetheless, that one 
effect of this rulemaking will be that more mail will be classified 
properly. That is, mail required by standard to be entered as First-
Class Mail due to the inclusion of personal information will be 
identified and entered as First-Class Mail. Personal information can be 
included in Standard Mail only in limited circumstances, when the 
exclusive reason for inclusion of all of the personal information is to 
support the advertising or solicitation in the mailpiece. Thus, it is 
possible that an additional consequence of this rulemaking will be to 
reduce the

[[Page 62582]]

amount of personal information in Standard Mail.
    A small number of commenters were concerned that the proposed rule 
raises First Amendment issues. For one, on behalf of nonprofit 
organizations, it is argued that ``[C]haritable appeals for funds * * * 
involve a variety of speech interests--communication of information, 
the dissemination and propagation of views and ideas, and the advocacy 
of causes--that are within the protection of the First Amendment.'' 
This argument appears to acknowledge that the proposed standards are 
based on content of the mail and the assertion that the test may not be 
administered consistently.
    It is true that the proposed eligibility standards for First-Class 
Mail and Standard Mail, like those that exist today for all mail 
classes, are based on the content of the mailpiece. These standards are 
based on the DMCS (as well as current and former statutes), and the 
Postal Service is required to follow them in the Domestic Mail Manual. 
The Postal Service is not denying service based on content, but instead 
is classifying the mail.
    We also disagree, for the reasons explained above, that 
administration of the proposed rule, with the modifications adopted 
herein, will be difficult or will lead to inconsistency. On the 
contrary, we believe these changes will ease efforts to classify First-
Class Mail and Standard Mail for both postal customers and postal 
employees.
    For these reasons, the Postal Service adopts the proposed rule with 
the changes stated above.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

0
2. Revise the following sections of the Domestic Mail Manual (DMM) as 
set forth below:

E Eligibility

* * * * *

E100 First-Class Mail

E110 Basic Standards

    [Renumber current 2.0 through 5.0 as 4.0 through 7.0. Replace 
current 1.0 with new 1.0, 2.0, and 3.0, as follows:]
1.0 DESCRIPTION OF SERVICE

1.1 Service Objectives

    First-Class Mail receives expeditious handling and transportation. 
Service objectives for delivery are 1 to 3 days; however, delivery time 
is not guaranteed.

1.2 Rate Options

    First-Class Mail offers the flexibility of single-piece rates, and 
discounted rates for mailings of 500 or more pieces that weigh 13 
ounces or less.

1.3 Mailable Items

    First-Class Mail may be used for any mailable item, including 
postcards, letters, flats, and small packages. Customized MarketMail 
under E660 and other restricted material as described in C020 may not 
be mailed as First-Class Mail.
2.0 DEFINING CHARACTERISTICS

2.1 Inspection of Contents

    First-Class Mail is closed against postal inspection. Federal law 
and Postal Service regulations restrict both opening and reviewing the 
contents of First-Class Mail by anyone other than the addressee.

2.2 Forwarding Service

    The price of First-Class Mail includes forwarding service to a new 
address for up to 12 months.

2.3 Return Service

    The price of First-Class Mail includes return service if the 
mailpiece is undeliverable.

2.4 Extra Services Exclusive to First-Class Mail

    First-Class Mail is the only class of mail eligible to receive the 
following extra services: registered mail service and certified mail 
service.

2.5 Additional Extra Services

    Additional extra services available with First-Class Mail are 
certificate of mailing service, COD service, Delivery Confirmation 
service (parcels only), insured mail service (merchandise only), return 
receipt service, restricted delivery service, Signature Confirmation 
service (parcels only), and special handling. See S900.
3.0 CONTENT STANDARDS

3.1 Bills and Statements of Account

    Bills and statements of account must be mailed as First-Class Mail 
(or Express Mail) as follows:
    a. Bills and statements of account assert a debt in a definite 
amount owed by the addressee to the sender or a third party. In 
addition, bills include a demand for payment; statements of account do 
not include a demand for payment. The debt does not have to be due 
immediately but may become due at a later time or on demand. The debt 
asserted need not be legally collectible or owed.
    b. Bills and statements of account do not need to state the precise 
amount due if they contain information that would enable the debtor to 
determine that amount.

3.2 Personal Information

    Mail containing personal information must be mailed as First-Class 
Mail (or Express Mail). Personal information is any information 
specific to the addressee.

3.3 Handwritten and Typewritten Material

    Mail containing handwritten or typewritten material must be mailed 
as First-Class Mail (or Express Mail).

3.4 Material Not Required to be Mailed as First-Class Mail

    Mail eligible for Standard Mail or Package Services rates under 
E610 or E700 is not required to be mailed as First-Class Mail or 
Express Mail.
* * * * *

E600 Standard Mail

E610 Basic Standards

    [Renumber current 3.0 through 9.0 as 4.0 through 10.0. Replace 
current 1.0 and 2.0 with new 1.0, 2.0, and 3.0, as follows:]
1.0 DESCRIPTION OF SERVICE

1.1 Service Objectives

    Standard Mail may receive deferred handling. Service objectives for 
delivery are 2 to 9 days; however, delivery time is not guaranteed.

1.2 Quantity

    Standard Mail provides economical rates for mailings of 200 or more 
pieces or at least 50 pounds of mail.
2.0 DEFINING CHARACTERISTICS

2.1 Mailpiece Weight Limit

    All Standard Mail pieces--letters, flats, and small packages--must 
weigh less than 16 ounces.

2.2 Preparation Requirements

    Standard Mail is subject to specific volume, marking, and 
preparation requirements.

2.3 Inspection of Contents

    Standard Mail is not sealed against postal inspection.

[[Page 62583]]

2.4 Forwarding Service

    The price of Standard Mail does not include forwarding service. 
Forwarding is available under F010.5.3.

2.5 Return Service

    The price of Standard Mail does not include return service. Return 
service is available under F010.5.3 for an additional fee.

2.6 Extra Services

    Extra services available with Standard Mail are insured mail 
service (bulk insurance only), certificate of mailing service (bulk 
certificate of mailing only), return receipt for merchandise service, 
and Delivery Confirmation service (parcels only). See S900.

2.7 Periodicals

    Authorized Periodicals may not be entered as Standard Mail unless 
permitted by standard.

2.8 Identical Pieces

    The contents of printed matter in a Standard Mail mailing must be 
identical to a piece sent to at least one other addressee. Standard 
Mail may include the addressee's name and address but may not transmit 
personal information except as permitted under 3.0.
3.0 CONTENT STANDARDS

3.1 Personal Information

    Personal information may not be included in a Standard Mail 
mailpiece unless all of the following conditions are met:
    a. The mailpiece contains explicit advertising for a product or 
service for sale or lease or an explicit solicitation for a donation.
    b. All of the personal information is directly related to the 
advertising or solicitation.
    c. The exclusive reason for inclusion of all of the personal 
information is to support the advertising or solicitation in the 
mailpiece.

3.2 Bills and Statements of Account

    Mail containing bills or statements of account as defined in 
E110.3.0 may not be entered as Standard Mail except under the 
conditions described in 5.2.

3.3 Handwritten and Typewritten Matter

    Mail containing handwritten or typewritten matter may not be 
entered as Standard Mail except under the conditions described in 4.0.
    An appropriate amendment to 39 CFR part 111 will be published to 
reflect these changes.

Neva R. Watson,
Attorney, Legislative.
[FR Doc. 04-23646 Filed 10-26-04; 8:45 am]

BILLING CODE 7710-12-P