5130 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 

determined that there are no substantial 

direct effects. The Bureau of Indian 

Affairs is a participating agency in this 

rulemaking. 

Executive Order 13211 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This Executive 

Order requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. This rule is 

not a significant regulatory action under 

Executive Order 13211, affecting energy 

supply, distribution, or use, and no 

Statement of Energy Effects is required. 

Drafting Information 

Theo Matuskowitz drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Additional 

assistance was provided by: 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Drs. Warren Eastland and Glenn 

Chen, Alaska Regional Office, Bureau of 

Indian Affairs; 

• Jerry Berg and Carl Jack, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. Forest Service. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR part 

242 and 50 CFR part 100 for the 2010– 

11 and 2011–12 regulatory years. The 

text of the proposed rule is the same as 

the final rule for the 2008–09 and 2009– 

10 wildlife regulatory years published 

in the Federal Register June 24, 2008 

(73 FR 35726). 

Dated: January 6, 2009. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: January 6, 2009. 

Steve Kessler, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. E9–1593 Filed 1–28–09; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

POSTAL SERVICE 

39 CFR Part 111 

New Standards for Domestic Mailing 

Services 

AGENCY: Postal Service TM. 

ACTION: Proposed rule. 

SUMMARY: In February 2009, the Postal 

Service will file a notice of mailing 

services price adjustments with the 

Postal Regulatory Commission, effective 

in May 2009. This proposed rule 

provides the mailing standards that 

would accompany new prices in 2009 

and 2010. 

DATES: We must receive your comments 

on or before March 2, 2009. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. You may 

inspect and photocopy all written 

comments at USPS Headquarters 

Library, 475 L’Enfant Plaza, SW., 11th 

Floor N, Washington, DC between 9 a.m. 

and 4 p.m., Monday through Friday. Email comments, containing the name 

and address of the commenter, may be 

sent to: MailingStandards@usps.gov, 

with a subject line of ‘‘Price-related 

Proposal Comments.’’ Faxed comments 

are not accepted. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, 202–268–7278. 

SUPPLEMENTARY INFORMATION: The Postal 

Service’s proposed rule includes: 

Several mail classification changes, 

modifications to mailpiece 

characteristics, and changes in 

classification terminology. This 

proposed rule contains the revisions to 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) that we would adopt to 

implement the new prices. Additional 

changes will be included in a separate 

final rule to support prices established 

by the Governors. 

We think it is vital to share proposed 

modifications to mailing standards as 

far in advance as possible; therefore, 

included are additional proposed 

revisions scheduled for implementation 

in May 2010. We summarize the 

revisions by shape for 2009 and 2010, 

and provide proposed changes to the 

mailing standards in the DMM. We 

invite your comments on the proposed 

standards. 

Proposed Changes for Letters and Flats 

for May 2009 

Letters 

In May 2009, we propose alignment of 

standards for commercial machinable 

and automation letters so all machinable 

letters have the physical characteristics 

required of automation letters, with the 

exception of a qualifying barcode. 

Commercial letters that are not 

machinable are mailed as 

nonmachinable letters. 

We propose a new minimum 0.009- 

inch thickness standard for automation 

and machinable letters. 

We propose new static charge and the 

coefficient of friction standards for 

automation and machinable letters to 

ensure they do not produce excessive 

static charge and can be handled 

efficiently when inducted and removed 

from processing equipment. 

Our proposal revises the list of 

nonmachinable characteristics. We 

clarify that letters with nonpaper 

surfaces, and letters with keys, coins or 

similar objects that are either loose or 

thick enough to make a letter 

nonuniform in thickness, render letters 

nonmachinable. Letters that do not meet 

the ‘‘automation-compatible’’ physical 

standards in DMM 201.3.0 would be 

considered nonmachinable letters. 

We propose to allow optional 

sortation of First-Class Mail and 

Standard Mail automation letters and 

Standard Mail machinable letters to all 

applicable sort levels, with prices 

matching the level of sortation chosen. 

We propose to revise standards for 

window envelopes on letter-size 

mailpieces, restricting the size of an 

address block window to extend no 

closer to the bottom edge than 3⁄4 inch 

when the window is within 43⁄4 inches 

of the envelope’s leading edge and no 

closer than 1 inch to any other edge. For 

best compatibility with processing, we 

recommend a window size no greater 

than 2 inches by 41⁄2 inches. 

Flats 

Effective in May 2009, we plan to 

extend the eligibility for automation 

prices to certain flat-size mailpieces that 

are not able to meet the flexibility 

standards in DMM 301.1.3, but that are 

able to demonstrate flats machine 

compatibility through a Pricing and 

Classification Service Center (PCSC)- 

administered testing process. Some flatVerDate Nov<24>2008 15:24 Jan 28, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1

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Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 5131 

size mailpieces containing rigid items 

process adequately on USPS® flatssorting equipment when the surface of 

the mailpiece does not fit too tightly 

around the contents. Once inducted, 

those pieces with rigid contents, but 

with a surface that can be grasped at 

induction, may be processed efficiently. 

Because machine compatibility for these 

mailpieces may be defined by a number 

of characteristics, each type of mailpiece 

must be individually analyzed to ensure 

that it will process efficiently. We 

propose to allow mailers of flat-size 

pieces containing rigid items to mail at 

automation flats prices after they obtain 

PCSC approval. Those pieces that do not 

meet the published flexibility standards 

for flats, but were authorized to mail at 

flats prices by PCSC approval, would be 

required to be marked ‘‘Automation 

Flat.’’ 

We propose that the polywrap 

standards in DMM 301.3.3, currently 

applicable only to automation flats, be 

extended to all flat-size mailpieces 

using polywrap including saturation 

carrier route flats. The use of 

automation-compatible polywrap on all 

flat-size mailpieces improves mail 

processing efficiency and applies 

standardization and consistency for 

mailers of polywrapped flats. We also 

propose to redefine measurement of 

height and length dimensions by 

including polywrap selvage when 

measuring for maximum dimensions 

because selvage that extends beyond the 

maximum height or length may interfere 

with efficient processing. We would not 

include selvage when measuring for 

minimum dimensions, however, 

because the selvage is not substantial 

enough for it to be considered part of a 

uniformly thick flat. Polywrap products 

approved for flats are available from a 

number of independent vendors and the 

approval process for these products is 

described in DMM 301 and on the USPS 

Rapid Information Bulletin Board 

(RIBBS TM) Web site at http:// 

ribbs.usps.gov. 

Effective in May 2009, we propose to 

extend the deflection standards, 

currently applicable to automation flats, 

to all flat-size mailpieces, except those 

mailed at saturation carrier route prices. 

The deflection standards change to 

allow one inch less of vertical deflection 

(droop) than is currently allowed. We 

propose to eliminate the current 

exception for oblong flats (those with a 

bound edge on the shorter side) so all 

flats would be tested with the length 

placed perpendicular to the edge of a 

flat surface. The broader application and 

revision of deflection standards will 

improve processing efficiencies within 

USPS systems, assuring better 

machinability of flat-size mailpieces. 

We propose to simplify mail 

preparation by eliminating the bundling 

requirements for First-Class Mail 

commercial flats. The new tray-based 

standards streamline mail preparation 

and processing and improve efficiency 

for this type of mail. Similar to the 

current tray-based preparation option 

for First-Class Mail flats, prices will be 

based on the sort level of the tray. 

Mailers may improve efficiency by 

eliminating bundling, and the minimum 

number of pieces per tray will be 

changed to 50 pieces within a tray, 

rather than the 90 pieces required today. 

Parcels 

We remove definitions of irregular 

parcels from the mail preparation 

standards in DMM 465, 475, and 485, 

and provide references to the current 

definition of irregular parcels in DMM 

401. 

Overview of Proposed Changes for 2010 

These initial changes proposed for 

May 2010 include modifications that 

enhance processing and delivery 

efficiency while continuing to offer 

mailers choices. 

Flats 

We propose to merge standards for 

nonautomation and automation flats in 

May 2010; requiring all machinable 

flats, whether or not they are barcoded, 

to have the same physical 

characteristics. The terminology would 

likely change to machinable, barcoded 

machinable, and irregular flats. 

We propose new flexibility standards 

for May 2010. Current standards in 

DMM 301.1.3 describe minimum 

flexibility as demonstrated by 

‘‘tabletop’’ flexibility tests. Effective 

May 2009, we are proposing to extend 

automation prices to certain flat-size 

mailpieces not able to meet the 

flexibility standards in 301.1.3, but able 

to demonstrate flat machine 

compatibility through a PCSCadministered testing process. Delivery 

of rigid pieces is often more costly than 

delivery of foldable flats. For May 2010, 

we propose the flexibility standards 

noted above, be replaced with a single 

flexibility standard requiring all 

machinable flat-size mailpieces to be 

foldable, parallel to the length, to a 

height no greater than 5 inches. Flat-size 

pieces failing to meet this level of 

flexibility may be categorized as 

irregular flats. 

We propose to modify standards in 

May 2010 for all flats, except those 

mailed as saturation carrier route, to 

prevent inserts from falling out of the 

host flat-size mailpiece during normal 

sortation and delivery. We propose that 

loose inserts less than 75% of the size 

of a host mailpiece be limited to singleply unfolded cards, when the mailpiece 

is not enclosed in polywrap, an 

envelope, or other wrapper. Allowable 

loose inserts should be injected well 

into the body of the mailpiece. 

Irregular Flats 

For May 2010, we propose a new 

‘‘irregular flats’’ category. This category 

encompasses two types of flat-size 

mailpieces. One example is a flat-size 

piece that is machinable, but with 

parcel-like characteristics that affect 

deliverability, such as pieces with rigid 

contents because the pieces cannot be 

folded. Another type of irregular flat 

would be one that is foldable with 

favorable delivery characteristics, but is 

not machinable, such as flimsy pieces 

that are difficult to process on 

automation equipment. 

Not Flat-Machinable (NFMs) 

In 2007, we created a NFM category 

for Standard Mail items that could not 

meet revised automation flats standards. 

In May 2010, we propose to discontinue 

or redefine the NFM category. Pieces 

that would have been mailed as NFMs 

can likely qualify as Standard Mail 

parcels. Some NFMs, with 

modifications, might be mailable as 

machinable or irregular flats in 2010. 

General 

We encourage customers to comment 

on the May 2010 proposed changes and 

hope that this notice provides the 

opportunity to for mailers prepare for 

possible operation changes ahead of the 

proposed May 2010 effective date. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C 

of 553(b), (c)] regarding proposed 

rulemaking by 39 U.S.C. 410(a), we 

invite public comments on the 

following proposed revisions 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 Part 

111. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED] 

1. The authority citation for 39 CFR 

part 111 continues to read as follows: 


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5132 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 

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: 

100 Retail Mail Letters, Cards, Flats, 

and Parcels 

101 Physical Standards 

101.1 Physical Standards for Letters 

* * * * * 

1.2 Nonmachinable Criteria 

A letter-size piece is nonmachinable 

(see 6.4) if it has one or more of the 

following characteristics (see 601.1.4 to 

determine the length, height, top, and 

bottom of a mailpiece): 

* * * * * 

[Revise item b to add that any 

nonpaper exterior surface is 

nonmachinable as follows:] 

b. Is polybagged, polywrapped, 

enclosed in any plastic material, or has 

an exterior surface made of a material 

that is not paper. Paper envelopes with 

windows prepared under 202.5.8 and 

601.6.3 do not make mailpieces 

nonmachinable. 

* * * * * 

[Revise item d to clarify that letters 

are nonmachinable when certain items 

are loose or when they cause the 

thickness to be uneven, as follows:] 

d. Contains items such as pens, 

pencils, keys, or coins that cause the 

thickness of the mailpiece to be uneven; 

or loose keys or coins or similar objects 

not affixed to the contents within the 

mailpiece. Loose items may cause a 

letter to be nonmailable when mailed in 

paper envelopes; see 601.2.3, OddShaped Items in Paper Envelopes. 

* * * * * 

[Revise item h by referring to sealing 

standards in 201.3.14.1 for all selfmailers as follows:] 

h. Is a self-mailer that is not prepared 

according to 201.3.14.1. 

[Revise item i by referring to sealing 

standards in 201.3.14.2 for all booklets 

as follows:] 

i. Is a booklet that is not prepared 

according to 201.3.14.2. 

* * * * * 

200 Commercial Mail Letters and 

Cards 

201 Physical Standards 

1.0 Physical Standards for 

Machinable Letters and Cards 

1.1 Physical Standards for 

Machinable Letters 

1.1.1 Dimensional Standards for 

Letters 

Letter-size mail is: 

[Revise item a to increase minimum 

thickness to 0.009 inch as follows:] 

a. Not less than 5 inches long, 31⁄2

inches high, and 0.009-inch thick. 

* * * * * 

1.1.3 All Machinable Letters 

[Revise the first sentence of 1.1.3 as 

follows:] 

All pieces of First-Class Mail and 

Standard Mail machinable letters must 

meet the standards for automationcompatible letters in 201.3.0. * * * 

* * * * * 

2.0 Physical Standards for 

Nonmachinable Letters 

2.1 Criteria for Nonmachinable 

Letters 

[Revise 2.1 by noting that letters not 

made of paper or that do not meet 

automation-compatibility standards are 

nonmachinable; that all letters over 3.3 

ounces must have a barcode and claim 

an automation letter price to avoid a 

surcharge; and by removing the 

individual listed items as follows:] 

A letter-size piece is nonmachinable if 

it has an exterior surface that is not 

made of paper or if it does not meet the 

standards in 201.3.0. In addition, a 

letter-size piece is nonmachinable if it 

weighs more than 3.3 ounces (up to 3.5 

ounces) unless it has a barcode and is 

eligible for and claims automation letter 

prices or Standard Mail Enhanced 

Carrier Route letter prices. 

* * * * * 

3.0 Physical Standards for 

Automation Letters and Cards 

* * * * * 

3.2 Dimensions and Shape Standards 

for Automation Letters 

Each letter-size piece must be 

rectangular (see 1.1.1) and: 

* * * * * 

[Revise item c to increase minimum 

thickness to 0.009 inch as follows:] 

c. For thickness, no more than 0.25 

inch, or less than 0.009-inch thick, 

except for cards mailed at First-Class 

Mail postcard prices. Cards eligible for 

and mailed at postcard prices may be no 

more than 0.016-inch thick or less than 

0.007-inch thick. 

[Renumber current 3.3 through 3.15 

as new 3.4 through 3.16.] 

[Add new 3.3 as follows:] 

3.3 Static and Coefficient of Friction 

Letter-sized machinable and 

automation mailpieces must be made of 

paper material with the following 

characteristics: 

a. Static charge of less than 2 KV 

when tested using test method ASTM 

D4470. 

b. Kinetic coefficient of friction 

between 0.26 and 0.34 when tested as 

paper to same paper using test method 

ASTM D4917. 

* * * * * 

202 Elements on the Face of a 

Mailpiece 

* * * * * 

5.0 Barcode Placement 

* * * * * 

5.7 Barcode in Address Block 

When the barcode is included as part 

of the address block: 

* * * * * 

[Delete item d and relocate text to new 

5.8.] 

[Redesignate current items e and f as 

new items d and e.] 

* * * * * 

[Renumber current 5.8 through 5.11 

as new 5.9 through 5.12.] 

[Add new 5.8 with revised text from 

former 5.7d to read as follows:] 

5.8 Address Block Barcodes on Inserts 

in Window Envelopes 

If a window envelope is used to 

display the address and a barcode in the 

address block, the clearance between 

the leftmost and rightmost bars and any 

printing or window edge must be at 

least 0.125 (1⁄8) inch. The clearance 

between the barcode and the top and 

bottom window edges must be at least 

0.040 (1⁄25) inch for POSTNET barcodes 

or 0.028 inch for Intelligent Mail 

barcodes. These clearances must be 

maintained during the insert’s range of 

movement in the envelope. Address 

block windows also must meet the 

standards in 5.12 and 601.6.3. 

* * * * * 

[Revise heading and text of 

renumbered 5.11 as follows:] 

5.11 Barcode Window Construction 

When the barcode is printed in the 

lower right corner on an insert, a 

barcode window may be used to allow 

only the barcode to be read through the 

window. The barcode window must not 


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Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 5133 

extend any further than necessary to 

accommodate the barcode and required 

tolerances and must not touch any 

window used to display the address 

block. The barcode window must meet 

these criteria: 

a. Left: At least 43⁄4 inches from the 

right edge of the envelope. 

b. Right: At least 1⁄4 inch from the 

right edge of the envelope. 

c. Top: At least 5⁄8 inch from the 

bottom of the envelope. 

d. Bottom: Form part of the bottom 

edge of the envelope. 

[Revise heading and text of 

renumbered 5.12 as follows:] 

5.12 Window Covers 

The following standards apply to 

window covers for address block 

windows as well as barcode windows: 

a. The window cover must be made of 

a nontinted clear or transparent material 

(e.g., cellophane or polystyrene) that 

permits the address, the barcode and its 

background, as viewed through the 

window material, to meet the 

reflectance standards in 708.4.4. 

b. The edges of the window cover 

must be securely glued to the envelope 

and must not extend closer than 3⁄4 inch 

from the bottom mailpiece edge and not 

closer than 1 inch from any other 

mailpiece edge. 

c. Covered windows may extend to no 

more than 1⁄2 inch from the bottom 

mailpiece edge when the window is at 

least 43⁄4 inches from the leading edge 

of the mailpiece. 

* * * * * 

230 First-Class Mail 

* * * * * 

235 Mail Preparation 

* * * * * 

[Revise heading of 6.0 as follows:] 

6.0 Preparing Automation Letters 

* * * * * 

6.6 Tray Preparation 

* * * Preparation sequence, tray size, 

and Line 1 labeling: 

* * * * * 

[Revise items b through d to allow 

optional preparation and modify 

grouping requirement as follows:] 

b. 3-digit/scheme: Optional, but 

required for 3-digit price (150-piece 

minimum except no minimum for origin 

or entry 3-digit/scheme); overflow 

allowed; for Line 1, use L002, Column 

B. 

c. AADC: Optional, but required for 

AADC price (150-piece minimum); 

overflow allowed; group pieces by 3- 

digit (or 3-digit scheme) ZIP Code when 

overflow pieces from 3-digit trays are 

placed in AADC trays. For Line 1, use 

L801, Column B. 

d. Mixed AADC: Required (no 

minimum); group pieces by AADC 

when overflow pieces from AADC trays 

are placed in mixed AADC trays. For 

Line 1 use L201; for mail originating in 

ZIP Code areas in Column A, use 

‘‘MXD’’ followed by city, state, and 3- 

digit ZIP Code prefix in Column C (use 

‘‘MXD’’ instead of ‘‘OMX’’ in the 

destination line and ignore Column B). 

* * * * * 

240 Standard Mail 

* * * * * 

245 Mail Preparation 

* * * * * 

5.0 Preparing Nonautomation Letters 

* * * * * 

5.3 Machinable Preparation 

* * * * * 

5.3.2 Traying and Labeling 

* * * Preparation sequence, tray size, 

and labeling: 

* * * * * 

[Revise first sentence of 5.3.2 b to 

allow optional preparation as follows:] 

b. AADC (optional, but required for 

AADC price); 150-piece minimum 

(overflow allowed); labeling: * * * 

* * * * * 

[Revise heading of 7.0 as follows:] 

7.0 Preparing Automation Letters 

* * * * * 

7.5 Tray Preparation 

* * * Preparation sequence, tray size, 

and Line 1 labeling: 

* * * * * 

[Revise items b through d to allow 

optional preparation and modify 

grouping requirement as follows:] 

b. 3-digit/scheme; optional, but 

required for 3-digit price (150-piece 

minimum, except no minimum for 

optional origin/entry 3-digit/scheme(s)); 

overflow allowed; for Line 1, use L002, 

Column B. 

c. AADC: Optional, but required for 

AADC price (150-piece minimum); 

overflow allowed; group pieces by 3- 

digit (or 3-digit scheme) ZIP Code prefix 

when overflow pieces from 3-digit/ 

scheme trays are placed in AADC trays. 

For Line 1, use L801, Column B. 

d. Mixed AADC: Required (no 

minimum); group pieces by AADC 

when overflow pieces from AADC trays 

are placed in mixed AADC trays. For 

Line 1 labeling: Use L011, Column B. 

Use L010, Column B if entered at an 

ASF or BMC or for mail placed on an 

ASF, BMC, or SCF pallet under the 

option in 705.8.10.3. 

* * * * * 

300 Commercial Mail Flats 

301 Physical Standards 

1.0 Physical Standards for Flats 

* * * * * 

1.2 Length and Height of Flats 

[Revise the text of 1.2 by adding new 

third and fourth sentences about selvage 

as follows:] 

The length of a flat-size mailpiece is 

the longest dimension. The height is the 

dimension perpendicular to the length. 

When determining the maximum height 

or length of a flat, include any selvage 

of polywrap material that may enclose 

the piece. When determining the 

minimum height or length of a flat, do 

not include the selvage of any polywrap 

material that may enclose the piece. 

* * * * * 

[Renumber current 1.5 as new 1.7.] 

[Move 301.3.2.3 in its entirety, 

renumber as 1.5, revise heading and text 

to extend maximum deflection 

standards to all flat-size mailpieces, and 

delete item c as follows:] 

1.5 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 at saturation carrier route prices 

are not required to meet these deflection 

standards. Test deflection as follows: 

a. For pieces 10 inches or longer (see 

Exhibit 1.5a): 

1. Place the piece on a flat 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. 

Turn the piece around and repeat the 

process. 

2. The piece is mailable at flat prices 

if it does not droop more than 3 inches 

vertically at either end. 

Exhibit 1.5a Deflection Test-Pieces 10 

Inches or Longer 

[Placeholder for new exhibit reflecting 

new standards.] 

b. For pieces less than 10 inches long 

(see Exhibit 1.5b): 

1. Place the piece on a flat 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. Turn the piece around and 

repeat the process. 


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2. The piece is mailable at flat prices 

if it does not droop more than 2 inches 

less than the extended length. For 

example, a piece 8 inches long would 

extend 4 inches off a flat surface. It must 

not droop more than 2 inches vertically 

at either end. 

* * * * * 

[Renumber 301.3.3 in its entirety as 

new 1.6 and revise text to extend 

polywrap standards to all flats as 

follows:] 

1.6 Polywrap Coverings 

1.6.1 Polywrap Films and Similar 

Coverings 

[Revise renumbered 1.6.1 as follows:] 

Mailers using polywrap film or 

similar material to enclose or cover flatsize mailpieces must use a product 

meeting the standards in 1.6. Film 

approved for use under 1.6.5 must meet 

the specifications in Exhibit 1.6.1 as 

follows: 

a. Films or similar coverings must 

meet all six properties in Exhibit 1.6.1. 

b. If the address label is affixed to the 

outside of the polywrap, the haze 

property (property 2) does not apply. 

c. Only products listed as approved 

on the USPS RIBBS Web site (http:// 

ribbs.usps.gov) may be used on flat-size 

mailpieces. 

Exhibit 1.6.1 Polywrap Specifications 

[Revise the introductory sentence of 

renumbered exhibit 1.6.1 as follows:] 

Mailers who polywrap flats must use 

polywrap that meets all of the properties 

in this exhibit. 

* * * * * 

[Delete renumbered 1.6.4, Polywrap 

on Mailpieces, in its entirety and 

redesignate renumbered 1.6.5 to new 

1.6.4.] 

1.6.4 Polywrap Certification Process 

for Manufacturers 

[Revise the first sentence of the 

introductory paragraph in 1.6.4 as 

follows:] 

To ensure that all polywrap 

manufacturers use the same criteria, the 

Postal Service developed specification 

USPS–T–3204, Test Procedures for 

Polywrap Films. * * * Manufacturers 

should follow this procedure before 

submitting the letter certifying 

compliance with the specifications: 

[Revise item a as follows:] 

a. Test each film according to 

procedures listed in USPS–T–3204, Test 

Procedures for Polywrap Films. 

* * * * * 

1.7 Flat-Size Pieces Not Eligible for 

Flat-Size Prices 

[Revise text of renumbered 1.7 as 

follows:] 

Mailpieces that do not meet the 

standards in 1.1 through 1.6 are not 

eligible for flat-size prices and must pay 

applicable prices as follows: 

a. First-Class Mail—Parcel prices. 

b. Standard Mail—Not FlatMachinable or parcel prices. 

c. Bound Printed Matter—Parcel 

prices. 

* * * * * 

3.0 Physical Standards for 

Automation Flats 

* * * * * 

[Further renumber 3.3 through 3.7 as 

the new 3.5 through 3.9, and add new 

3.3 and 3.4 as follows:] 

3.3 Flats-Machine Compatibility 

Flat-size mailpieces meeting the 

standards in 1.0 and 3.0, but unable to 

meet the minimum flexibility standards 

described in 1.3, are not eligible for 

automation prices unless the mailpieces 

demonstrate flats-machine 

compatibility. Until May 2010, rigid 

flat-size mailpieces in paper, polywrap 

or similar packaging that allows for the 

pieces to be grasped and inducted into 

USPS flat-sorting equipment may 

qualify for automation prices when 

meeting the following standards: 

a. Mailpieces must be enclosed in 

envelopes or similar packaging capable 

of withstanding normal processing on 

USPS flat-sorting equipment. 

b. Mailpieces must be approved for 

automation flats prices by the USPS. 

Mailers seeking approval for mailpieces 

under this standard must contact the 

Pricing and Classification Service 

Center (PCSC) for instructions on 

submitting sample mailpieces for testing 

(see 608.8.0 for address). Mailpieces 

having a previous approval from the 

PCSC for automation flats prices, 

granted after May 2007, are not required 

to be resubmitted for a new approval. 

These and all other approvals granted 

under 3.3 expire in May 2010. 

c. Mailpieces approved for 

automation flats pricing under this 

standard must print the endorsement 

‘‘Automation Flat’’ directly under the 

postage imprint. 

3.4 Additional Flexibility Standards 

for Automation Flats 

It is recommended that all automation 

flats be foldable to a height no greater 

than 5 inches. Effective May 2010, flatsize automation mailpieces must be 

foldable, parallel to the length, to a 

height no greater than 5 inches (in 

addition to meeting the flexibility 

standards in 1.3). With a postal 

employee observing, customers may 

demonstrate the flexibility, according to 

these standards, of their own 

mailpieces. The employee does not then 

need to perform the test. 

* * * * * 

302 Elements on the Face of a 

Mailpiece 

* * * * * 

4.0 Barcode Placement 

* * * * * 

4.6 Barcode in Address Block 

When the barcode is included as part 

of the address block: 

* * * * * 

[Revise 4.6d by adding a new last 

sentence as follows:] 

d. * * * Window envelopes also 

must meet the specifications in 601.6.3. 

* * * * * 

330 First-Class Mail Flats 

333 Prices and Eligibility 

* * * * * 

[Revise the heading of 5.0 as follows:] 

5.0 Additional Eligibility Standards 

for Automation First-Class Mail Flats 

5.1 Basic Standards for Automation 

First-Class Mail 

All pieces in a First-Class Mail 

automation price mailing must: 

* * * * * 

[Revise item e to require an 11-digit 

barcode as follows:] 

e. Bear an accurate barcode meeting 

the standards in 708.4.0, a delivery 

point barcode (DPBC), or an Intelligent 

Mail barcode with a delivery point 

routing code, either on the piece or on 

an insert showing through a barcode 

window. 

* * * * * 

[Delete 5.2 and renumber current 5.3 

through 5.5 as new 5.2 through 5.4.] 

[Revise the heading and text of 

renumbered 5.2 as follows:] 

5.2 Price Application 

Automation prices apply to each 

piece that is sorted under 335.6.5, FirstClass Mail Tray-Based Preparation, into 

the corresponding qualifying groups: 

[Revise items a through c to change 

eligibility from 90 pieces or more to 50 

pieces or more as follows:] 

a. Groups of 50 or more pieces in 5- 

digit trays qualify for the 5-digit price. 

Preparation to qualify for the 5-digit 

price is optional and need not be done 

for all 5-digit destinations. 

b. Groups of 50 or more pieces in 3- 

digit trays qualify for the 3-digit price. 

c. Pieces in origin 3-digit trays and 

groups of 50 or more pieces in ADC 

trays qualify for the ADC price. 

* * * * * 


rmajette on PRODPC74 with PROPOSALS
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 5135 

335 Mail Preparation 

1.0 General Definition of Terms 

* * * * * 

1.2 Definition of Mailings 

Mailings are defined as: 

* * * * * 

[Revise item b as follows:] 

b. The types of First-Class Mail listed 

below must not be part of the same 

mailing despite being in the same 

processing category (see 705.9.0, 

Combining Automation and 

Nonautomation Flats in Trays and 

Sacks for a preparation option for flatsize mail): 

1. Automation price and any other 

type of mail, except under 705.9.0. 

2. Presorted price and any other type 

of mail, except under 705.9.0. 

3. Single-piece price and any other 

type of mail. 

4. Machinable and nonmachinable 

pieces. 

* * * * * 

1.4 Preparation Definitions and 

Instructions 

For purposes of preparing mail: 

* * * * * 

[Revise item b to change the definition 

of an automation flats full tray as 

follows:] 

b. For purposes of preparing 

automation flats, a full flat tray is one 

that contains at least 50 pieces of 

automation flats or one that is 

physically full. For nonautomation flats, 

a full flat tray is one that is physically 

full. A physically full tray contains at 

least a single stack of mail lying flat on 

the bottom of the tray and filling the 

tray to the bottom of the handholds. 

Before additional trays for the same 

destination are prepared, trays must be 

filled with additional available pieces 

(up to the reasonable capacity of the 

tray). 

* * * * * 

[Delete current items e through g and 

redesignate current items h through j as 

new e through g.] 

[Revise redesignated item g as 

follows:] 

g. An instruction to group pieces 

means the pieces are to be sorted as a 

unit (as if bundled) but not actually 

secured into a bundle. 

[Delete current item k in its entirety.] 

[Redesignate current item l as new 

item h and revise as follows:] 

h. A ‘‘logical’’ presort destination 

represents the total number of pieces 

that are eligible for a specific presort 

level based on the required sortation, 

but which might not be contained in a 

single container due to applicable 

preparation requirements or the size of 

the individual pieces. 

[Delete current item m.] 

* * * * * 

[Delete 2.0 in its entirety.] 

[Renumber current 3.0 through 6.0 as 

new 2.0 through 5.0.] 

* * * * * 

2.0 Flat Trays 

* * * * * 

2.4 Preparation for Flats in Flat Trays 

All flat tray preparation is subject to 

these standards: 

* * * * * 

[Revise items f through h, to delete the 

‘‘optional’’ phrasing, as follows:] 

f. For automation mailings, one lessthan-full overflow tray may be prepared 

for a presort destination when the total 

number of pieces for that destination 

meets the minimum for preparation of 

the tray level, and when one or more 

full trays for that destination are also 

prepared. 

g. For automation mailings, if the total 

number of pieces for a presort 

destination meets or exceeds the 

minimum number of pieces required to 

prepare a tray for that destination, but 

the total volume does not physically fill 

a single tray, then the mail for that 

presort destination may be prepared in 

a less-than-full tray. 

h. Pieces prepared as automation flats 

do not have to be grouped by 3-digit ZIP 

Code prefix in ADC trays or by ADC in 

mixed ADC trays if the mailing is 

prepared using an MLOCR/barcode 

sorter and standardized documentation 

is submitted. 

* * * * * 

2.5 Preparation for Flats in EMM 

Letter Trays 

Mailers may prepare First-Class Mail 

flat-size pieces in EMM letter trays 

instead of flat trays if the following 

standards are met: 

* * * * * 

[Revise item c as follows:] 

c. All mail must be prepared under 

6.6, and must not be prepared in 

bundles. 

* * * * * 

4.0 Preparation of Nonautomation 

Flats 

4.1 Basic Standards 

[Revise 4.1 to specifically prohibit 

bundling as follows:] 

Each mailing of Presorted First-Class 

Mail must be prepared under 4.0 and 

333.3.0, Eligibility Standards for FirstClass Mail Flats. All pieces must be in 

the flat-size processing category. Flatsize pieces must be prepared loose 

(unbundled) in flat trays under 2.4 and 

4.0. All pieces must be marked 

‘‘Presorted’’ and ‘‘First-Class Mail.’’ 

* * * * * 

[Delete 4.4 and renumber 4.5 and 4.6 

as new 4.4 and 4.5.] 

[Revise the heading and text of 

renumbered 4.5 as follows:] 

4.5 Cotraying With Automation Flats 

If a single mailing job contains an 

automation mailing and a Presorted 

mailing, and both mailings are reported 

on the same postage statement, the 

mailing job must be presorted under the 

cotraying standards in 705.9.0. 

[Revise the heading of renumbered 5.0 

as follows:] 

5.0 Preparation of Automation Flats 

5.1 Basic Standards 

[Revise 5.1 to specifically prohibit 

bundling as follows:] 

Automation First-Class Mail flats 

must be prepared under 5.0 and meet 

the eligibility standards for the price 

claimed; trays must bear the appropriate 

barcoded container labels under 708.6.0, 

Standards for Barcoded Tray Labels, 

Sack Labels, and Container Placards. 

Flat-size pieces must be prepared loose 

(unbundled) in flat trays under 2.4 and 

5.0. 

* * * * * 

[Delete renumbered 5.4 and 5.5.] 

[Renumber current 6.6 as new 5.4 and 

revise heading and text as follows:] 

5.4 First-Class Mail Preparation 

Tray size, preparation sequence, and 

Line 1 labeling: 

a. 5-digit: Optional, but 5-digit trays 

required for price eligibility (50-piece 

minimum); one overflow tray allowed; 

for Line 1, use city, state, and 5-digit ZIP 

Code destination of pieces (for military 

mail see 3.3c). (Preparation to qualify 

for 5-digit price is optional and need not 

be done for all 5-digit destinations.) 

b. 3-digit: Required (50-piece 

minimum); one overflow tray allowed; 

for Line 1, use L002, Column A for 3- 

digit destinations. 

c. Origin 3-digit: Required for each 3- 

digit ZIP Code served by the SCF of the 

origin (verification) office; no minimum; 

for Line 1, use L002, Column A for 3- 

digit destinations. 

d. ADC: Required (50-piece 

minimum); one overflow tray allowed; 

group pieces by 3-digit ZIP Code prefix, 

except under 2.4h; for Line 1, use L004 

(ZIP Code prefixes in Column A must be 

combined and labeled to the 

corresponding ADC destination shown 

in Column B). 

e. Mixed ADC (required); no 

minimum for price eligibility. Group 


rmajette on PRODPC74 with PROPOSALS
5136 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 

pieces by ADC, except under 2.4h. For 

Line 1 use L201; for mail originating in 

ZIP Code areas in Column A, use 

‘‘MXD’’ followed by city, state, and 3- 

digit ZIP Code prefix in Column C (use 

‘‘MXD’’ instead of ‘‘OMX’’ in the 

destination line and ignore Column B). 

[Delete current 6.7.] 

[Renumber current 6.8 as new 5.5 and 

revise as follows:] 

5.5 Cotraying With Presorted Price 

Mail 

If the mailing job contains an 

automation mailing and a Presorted 

mailing, and both mailings are reported 

on the same postage statement, the 

mailing job must be prepared under the 

cotraying standards in 705.9.0. 

* * * * * 

400 Commercial Mail Parcels 

401 Physical Standards 

* * * * * 

2.0 Additional Physical Standards by 

Class of Mail 

* * * * * 

2.2 Standard Mail Parcels and Not 

Flat-Machinable Pieces 

* * * * * 

2.2.2 Not Flat-Machinable Pieces 

[Revise introductory text of 2.2.2 to 

indicate ending date of NFM category as 

follows:] 

Rectangular Standard Mail pieces 

with any of the following characteristics 

must be prepared as Not FlatMachinable (NFM) pieces (until May 

2010) or as parcels: 

* * * * * 

460 Bound Printed Matter 

* * * * * 

465 Mail Preparation 

* * * * * 

5.0 Preparing Presorted Parcels 

5.1 Basic Standards 

5.1.1 General Preparation 

Requirements 

All mailings of Presorted Bound 

Printed Matter (BPM) are subject to 

these general standards: 

* * * * * 

[Revise item b as follows:] 

b. All pieces in a mailing must be 

within the same processing category. 

See 401.1.0 for definitions of 

machinable and irregular parcels. 

* * * * * 

470 Media Mail 

* * * * * 

475 Mail Preparation 

* * * * * 

5.0 Preparing Media Mail Parcels 

5.1 Basic Standards 

All mailings of Presorted Media Mail 

are subject to the standards in 5.0 and 

to these general requirements: 

* * * * * 

[Revise item b as follows:] 

b. All parcels in a mailing must be 

within the same processing category. 

See 401.1.0 for definitions of 

machinable and irregular parcels. 

* * * * * 

480 Library Mail 

* * * * * 

485 Mail Preparation 

* * * * * 

5.0 Preparing Library Mail Parcels 

5.1 Basic Standards 

All mailings of Presorted Library Mail 

are subject to the standards in 5.0, 

Preparing Library Mail Parcels, and to 

these general standards: 

* * * * * 

[Revise item b as follows:] 

b. All pieces in a mailing must be 

within the same processing category. 

See 401.1.0 for definitions of 

machinable and irregular parcels. 

* * * * * 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

6.0 Mailing Containers—Special 

Types of Envelopes and Packaging 

* * * * * 

6.3 Window Envelopes 

* * * Any window envelope used for 

letter-size or flat-size mail must meet 

the following additional standards: 

* * * * * 

[Redesignate current item e as new 

item f, and add new item e as follows:] 

e. The following standards apply to an 

address block window on machinable 

and automation letters: 

1. Address block windows on letters 

over 3 ounces must be covered. Address 

block windows may be covered on other 

mail. 

2. Uncovered or open windows must 

be no larger than 2 inches by 41⁄2 inches, 

and must not extend closer than 3⁄4 inch 

from the bottom mailpiece edge and not 

closer than 1 inch from any other 

mailpiece edge. 

3. Covers for address block windows 

are subject to 202.5.12. 

* * * * * 

700 Special Standards 

* * * * * 

705 Advanced Preparation and 

Special Postage Payment Systems 

* * * * * 

[Revise the heading of 9.0 as follows:] 

9.0 Combining Automation and 

Nonautomation Flats in Trays and 

Sacks 

9.1 First-Class Mail 

9.1.1 Basic Standards 

[Revise text of 9.1.1. to delete 

references to bundling as follows:] 

Flats in an automation mailing 

prepared under 335.6.5 must be 

cotrayed with flats in a Presorted 

mailing under the following conditions: 

a. The automation pieces and 

Presorted pieces are part of the same 

mailing job and reported on the same 

postage statement. 

b. Pieces in the automation mailing 

must meet the criteria for a flat under 

301.3.0. Pieces in the Presorted mailing 

must meet the criteria for a flat under 

301.1.0. 

c. The automation mailing must meet 

the eligibility criteria in 333.5.0, except 

that the traying criteria in 9.1.4 must be 

met rather than the traying criteria in 

335.5.0. 

d. The Presorted mailing must meet 

the eligibility criteria in 333.3.0, except 

that the traying and documentation 

criteria in 9.1.1 and 9.1.4 must be met 

rather than the traying and 

documentation criteria in 335.4.0. 

[Delete item e and redesignate current 

items f through i as new items e through 

h.] 

* * * * * 

[Revise redesignated item f as 

follows:] 

f. The pieces from the automation 

mailing and the pieces from the 

Presorted mailing must be sorted into 

the same trays as described in 9.1.2. 

* * * * * 

[Delete 9.1.2 and 9.1.3 in their 

entirety.] 

[Renumber current 9.1.4 as new 9.1.2 

and revise as follows:] 

9.1.2 Tray Preparation and Labeling 

Presorted and automation pieces must 

be presorted together into trays 

(cotrayed) in the sequence listed below. 

Trays must be labeled using the 

following information for Lines 1 and 2 

and 335.4.0 for other tray label criteria. 


rmajette on PRODPC74 with PROPOSALS
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 5137 

a. 5-digit, required, 50 piece 

minimum; one less-than-full or overflow 

tray allowed; labeling: 

1. Line 1: Use city, state, and 5-digit 

ZIP Code destination (see 335.4.3 for 

military mail). 

2. Line 2: ‘‘FCM FLTS 5D BC/NBC.’’ 

b. 3-digit, required, 50 piece 

minimum; one less-than-full or overflow 

tray allowed; labeling: 

1. Line 1: Use L002, Column A. 

2. Line 2: ‘‘FCM FLTS 3D BC/NBC.’’ 

c. Origin/entry 3-digit, required for 

each 3-digit ZIP Code served by the SCF 

of the origin (verification) office, 

optional for each 3-digit ZIP Code 

served by the SCF of an entry office 

other than the origin office, no 

minimum; labeling: 

1. Line 1: Use L002, Column A. 

2. Line 2: ‘‘FCM FLTS 3D BC/NBC.’’ 

d. ADC, required, 50 piece minimum; 

one less-than-full or overflow tray 

allowed; use L004 to determine ZIP 

Codes served by each ADC; labeling: 

1. Line 1: Use L004, Column B. 

2. Line 2: ‘‘FCM FLTS ADC BC/NBC.’’ 

e. Mixed ADC, required, no minimum; 

labeling: 

1. Line 1: Use L201; for mail 

originating in ZIP Code areas in Column 

A, use ‘‘MXD’’ followed by the city, 

state, and 3-digit ZIP Code prefix in the 

corresponding row in Column C (use 

‘‘MXD’’ instead of ‘‘OMX’’ in the 

destination line and ignore Column B). 

2. Line 2: ‘‘FCM FLTS BC/NBC 

WKG.’’ 

* * * * * 

[Revise heading of 11.0 as follows:] 

11.0 Combining Automation and 

Nonautomation Flats in Bundles 

[Delete 11.1 and renumber current 

11.2 through 11.4 as new 11.1 through 

11.3.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes if our proposal is 

adopted. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–1862 Filed 1–28–09; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 958 

Rules of Practice in Proceedings 

Relative to Mailing Hazardous 

Materials 

AGENCY: Postal Service. 

ACTION: Proposed rule. 

SUMMARY: The Postal Accountability and 

Enhancement Act requires the Postal 

Service to prescribe regulations for the 

safe transportation of hazardous 

materials in the mail, and to prescribe 

regulations for the conduct of 

proceedings to determine the 

implementation of civil penalties, cleanup costs and damages for violations of 

these hazardous materials regulations. 

Accordingly, the Postal Service 

proposes to adopt new rules of practice 

for its Office of the Judicial Officer. 

DATES: Comments must be received on 

or before March 2, 2009. 

ADDRESSES: Judicial Officer Department, 

United States Postal Service, 2101 

Wilson Boulevard, Suite 600, Arlington, 

VA 22201–3078. 

FOR FURTHER INFORMATION CONTACT: 

Administrative Judge Gary E. Shapiro, 

(703) 812–1910. 

SUPPLEMENTARY INFORMATION: The Postal 

Accountability and Enhancement Act 

(Pub. L. 109–435, 120 Stat. 3198 

(December 20, 2006)) inserted section 

3018 into title 39, United States Code. 

Section 3018(a) requires the Postal 

Service ‘‘to prescribe regulations for the 

safe transportation of hazardous 

material in the mail.’’ Section 3018(c) 

requires the Postal Service to implement 

procedures for the imposition of civil 

penalties, clean-up costs and damages 

for violations of these hazardous 

materials regulations. Section 3018(d) 

provides that the Postal Service may 

determine that a person has violated 

these regulations only after notice and 

an opportunity for a hearing in 

accordance with section 3001(m) of title 

39, United States Code. 

Accordingly, the Postal Service is 

proposing to adopt implementing 

regulations as new 39 CFR part 958, 

which would designate the Chief Postal 

Inspector as the Postal Service’s 

Determining Official for purposes of 

these rules. Any hearing would be 

presided over by an Administrative Law 

Judge designated by the Postal Service 

Judicial Officer. Administrative appeals 

of a Presiding Officer’s decision would 

be determined by the Judicial Officer. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act (5 U.S.C. 

553(b), (c)) regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites public comment 

on the following rules proposed to be 

codified at title 39, Code of Federal 

Regulations, part 958. 

List of Subjects in 39 CFR Part 958 

Administrative practice and 

procedure, Penalties, Postal Service. 

For the reasons stated in the 

preamble, the Postal Service proposes to 

amend 39 CFR part 958 as set forth 

below: 

1. Part 958 is added to read as follows: 

PART 958—RULES OF PRACTICE IN 

PROCEEDINGS RELATIVE TO CIVIL 

PENALTIES, CLEAN-UP COSTS AND 

DAMAGES FOR VIOLATION OF 

HAZARDOUS MATERIAL 

REGULATIONS 

Sec. 

958.1 Purpose. 

958.2 Definitions. 

958.3 Petition for hearing. 

958.4 Referral of complaint. 

958.5 Scope of hearing; evidentiary 

standard. 

958.6 Notice of docketing and hearing. 

958.7 Hearing location. 

958.8 Rights of parties. 

958.9 Responsibilities and authority of 

presiding officer. 

958.10 Prehearing conferences. 

958.11 Respondent access to information. 

958.12 Depositions; interrogatories; 

admission of facts; production and 

inspection of documents. 

958.13 Sanctions. 

958.14 Ex parte communications. 

958.15 Post-hearing briefs. 

958.16 Transcript of proceedings. 

958.17 Initial decision. 

958.18 Appeal of initial decision to Judicial 

Officer. 

958.19 Form and filing of documents. 

958.20 Service of notice of docketing and 

hearing, other documents. 

958.21 Computation of time. 

958.22 Continuances and extensions. 

958.23 Settlement. 

Authority: 39 U.S.C. 204; 39 U.S.C. 401; 39 

U.S.C. 3001; 39 U.S.C. 3018. 

§ 958.1 Purpose. 

This part establishes the procedures 

governing the hearing and appeal rights 

of any person alleged to be liable for 

civil penalties, clean-up costs and/or 

damages for mailing hazardous 

materials and/or related violations 

under 39 U.S.C. 3018. 

§ 958.2 Definitions. 

(a) Complaint refers to the 

determination by the Determining 

Official that an individual has violated 

the prohibition against mailing 

hazardous materials and/or related 

violations under 39 U.S.C. 3018. 

(b) Initial Decision refers to the 

written decision which the Presiding 

Officer renders. 

(c) Determining Official refers to the 

Chief Postal Inspector or designee. 

(d) Judicial Officer refers to the 

Judicial Officer or Acting Judicial 

Officer of the United States Postal 

Service or designee within the Judicial 

Officer Department. 

(e) Party refers to the Postal Service or 

the respondent. 


rmajette on PRODPC74 with PROPOSALS