[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Proposed Rules]
[Pages 71329-71332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22606]


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POSTAL SERVICE

39 CFR Part 111


New Mailing Standards for Domestic Mailing Services Products

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Proposed rule.

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SUMMARY: On October 6, 2023, the Postal Service (USPS[supreg]) filed a 
notice of mailing services price adjustments with the Postal Regulatory 
Commission (PRC), effective January 21, 2024. This proposed rule 
contains the revisions to Mailing Standards of the United States Postal 
Service, Domestic Mail Manual (DMM[supreg]) that we would adopt to 
implement the changes coincident with the price adjustments. 
Additionally, various portions of DMM section 207 will be revised to 
implement the changes coincident with collapsing zones for Periodicals 
which was effective as of July 9, 2023.

DATES: Submit comments on or before November 15, 2023.

ADDRESSES: Mail or deliver written comments to the Manager, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-5015. If sending comments by email, include the 
name and address of the commenter and send to 
<a href="/cdn-cgi/l/email-protection#a3f3e0e5c6c7c6d1c2cff1c6c4cad0d7c6d1e3d6d0d3d08dc4ccd5"><span class="__cf_email__" data-cfemail="045447426160617665685661636d7770617644717774772a636b72">[email protected]</span></a>, with a subject line of ``January 2024 
Domestic Mailing Services Proposal.'' Faxed comments are not accepted.
    All submitted comments and attachments are part of the public 
record

[[Page 71330]]

and subject to disclosure. Do not enclose any material in your comments 
that you consider to be confidential or inappropriate for public 
disclosure.
    You may inspect and photocopy all written comments, by appointment 
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th 
Floor North, Washington, DC 20260. These records are available for 
review on Monday through Friday, 9 a.m.-4 p.m., by calling 202-268-
2906.

FOR FURTHER INFORMATION CONTACT: Steven Mills at (202) 268-7433, Lynne 
Hallett at (202) 268-2213, or Doriane Harley at (202) 268-2537.

SUPPLEMENTARY INFORMATION: 
    Proposed prices will be available under Docket No. R2024-1 on the 
Postal Regulatory Commission's website at www.prc.gov.
    The Postal Service's proposed rule includes: changes to prices, 
mail classification updates, product simplification efforts, and minor 
revisions to the DMM.

Certificate of Mailing--Automated Solution

    Currently, Certificate of Mailing is processed manually at the BMEU 
for individual pieces of First-Class Mail[supreg], USPS Marketing 
Mail[supreg], and Package Services. Certificate of Mailing provides 
evidence of mailing only and does not provide a record of delivery.
    The Postal Service is proposing to add an automated option for 
processing forms 3606-D Certificate of Bulk Mailing; 3665 Certificate 
of Mailing; and 3877 Firm Mailing Book for Accountable Mail at the BMEU 
when electronically uploaded to PostalOne! and payment via EPS 
(Enterprise Payment System).

Promotion Eligible Product Identification

    Currently, mailers are unable to see the discount breakdown at 
product level for each promotion; in addition, when a new promotion is 
added or an existing promotion is enhanced, changes applied to the 
product line is not readily available to mailers.
    The Postal Service is proposing an update that will enable mailers 
to see promotion discounts at the product level for each promotion as 
well as ensure all updates are applied to applicable systems in sync.
    These proposed revisions will provide consistency within postal 
products and add value for customers.
    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 
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. We will 
publish an appropriate amendment to 39 CFR part 111 to reflect these 
changes.

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--GENERAL INFORMATION ON POSTAL SERVICE

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, 401-404, 414, 416, 3001-3018, 3201-3220, 3401-
3406, 3621, 3622, 3626, 3629, 3631-3633, 3641, 3681-3685, and 5001.

0
2. Revise the 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)

* * * * *

207 Periodicals

* * * * *

2.0 Price Application and Computation

2.1 Price Application

* * * * *

2.1.4 Applying Pound Price

    Apply pound prices to the weight of the pieces in the mailing as 
follows:
    [Revise items a and b to read as follows:]
    a. Outside-County (including Science-of-Agriculture) pound prices 
are based on the weight of the advertising portion sent to each 
destination entry and the weight of the nonadvertising portion to a 
destination entry.
    b. In-County pound prices consist of a DDU entry price and a Non-
DDU entry price for eligible copies delivered to addresses within the 
county of publication.
* * * * *

2.1.5 Computing Weight of Advertising and Nonadvertising Portions

    [Revise the text of 2.1.5 to read as follows:]
    The pound price charge is the sum of the charges for the computed 
weight of the advertising portion of copies to each destination entry, 
plus the sum of the charges for the computed weight of the 
nonadvertising portion of copies to each destination entry. The 
following standards apply:
    a. The minimum pound price charge for any entry level to which 
copies are mailed is the 1-pound price. For example, three 2-ounce 
copies for an entry are subject to the minimum 1-pound charge.
    b. Authorized Nonprofit and Classroom publications with an 
advertising percentage that is 10% or less are considered 100% 
nonadvertising. When computing the pound prices and the nonadvertising 
adjustment, use ``0'' as the advertising percentage. Authorized 
Nonprofit and Classroom publications claiming 0% advertising must pay 
the nonadvertising pound price for the entire weight of all copies.
* * * * *

2.2 Computing Postage

* * * * *

2.2.3 Computing Other Weights

    To find the total weight of mailed copies per entry level, multiply 
the corresponding number of copies by the computed weight per copy. 
Round off each result to the nearest whole pound, except that when the 
result is under 0.5 pound, round to 1 pound. To find the weight of the 
advertising portion for each entry, where applicable, multiply the 
total weight of copies for that entry by the percentage of advertising. 
Round off each result to the nearest whole pound, except that when the 
result is under 0.5 pound, round to 1 pound. To find the weight of the 
nonadvertising portion, subtract the total weight of the advertising 
portion to all entry levels from the total weight of copies to all 
entry levels. To find the weight of In-County price copies, multiply 
the number of copies by the weight per copy and round off the total 
weight to the nearest whole pound, except that when the result is less 
than 0.5 pound, round to 1 pound.
* * * * *

[[Page 71331]]

8.0 Record Keeping Standards for Publishers

8.1 Basic Standards

* * * * *

8.1.2 Information Required

    Records must be available so that the USPS can determine: * * *
    [Delete item c and renumber items (d and e) as (c and d)]
* * * * *

8.2 Verification

8.2.1 Purpose

    [Revise the text of 8.2.1 to read as follows:]
    A publisher must make records available for USPS review and 
verification on a periodic basis to evaluate indications of 
ineligibility for Periodicals entry, to verify that the postage 
statement shows the correct number of copies mailed and the correct 
postage, and to confirm that publications authorized to carry general 
advertising meet the applicable circulation standards.
* * * * *

11.0 Basic Eligibility

11.1 Outside-County Prices

11.1.1 General

    [Revise the text of 11.1.1 to read as follows:]
    Outside-County prices apply to copies of an authorized Periodicals 
publication mailed by a publisher or news agent that are not eligible 
for In-County prices under 11.3. Outside-County prices consist of an 
addressed per piece charge, an entry level charge for the weight of the 
advertising portion of the publication, an entry level charge for the 
weight of the nonadvertising portion, and a bundle and container 
charge.
* * * * *

17.0 Documentation

* * * * *

17.2 Additional Standards for Postage Statements

* * * * *

17.2.3 Waiving Nonadvertising Prices

    [Revise the first sentence of 17.2.3 to read as follows:]
    Instead of marking a copy of each issue to show the advertising 
portion, the publisher may pay postage at the advertising prices on 
both portions of all issues or editions of a Periodicals publication 
(except a requester publication). * * *
* * * * *
    [Revise 17.2.7 to read as follows:]

17.2.7 News Agent's Statement

    A news agent presenting Periodicals matter subject to ``All Other'' 
prices must provide a statement showing the percentages of such matter 
devoted to advertising and nonadvertising.
* * * * *
    [Revise the title of 17.4 to read as follows:]

17.4 Detailed Entry Listing for Periodicals

17.4.1 Basic Standards

    [Revise the text of 17.4.1 to read as follows:]
    The publisher must be able to present documentation to support the 
actual number of copies of each edition of an issue, by entry level, at 
DDU, DSCF, DADC, All Others, and In-County prices. This listing is 
separated from the standardized presort documentation required under 
17.3. This listing may be submitted with each mailing, or a publisher 
may keep such records for each mailing for 2 months after the mailing 
date. A publisher must be able to submit detailed entry listings for 
specific mailings when requested by the USPS.

17.4.2 Format

    [Revise the text of 17.4.2 to read as follows:]
    Report the number of copies mailed to each 3-digit ZIP Code area at 
entry prices using one of the following formats:
    a. Report copies by 3-digit ZIP Code, in ascending numeric order, 
for all ZIP Codes in the mailing. The listing must include these 
columns: 3-digit ZIP Code, entry level, and number of copies. Include a 
summary of the number of copies at each entry price at the end of the 
report. A 3-digit ZIP Code may appear more than once if there are 
copies at different entry prices for that ZIP Code (for example, In-
County and Outside-County copies).
    b. Report copies by zone (In-County DDU, In-County others, Outside-
County DDU, Outside-County DSCF, Outside-County DADC and Outside-County 
All Others) and by 3-digit ZIP Code, in ascending numeric order, for 
each entry level. For each entry level, the listing must include these 
columns: 3-digit ZIP Code and number of copies in the mailing. Include 
a summary of the total number of copies for each entry level at the end 
of each entry listing. A 3-digit ZIP Code may appear under more than 
one entry level if there are copies at different entry prices for that 
ZIP Code.

17.4.3 Zone Abbreviations

    [Revise the text of 17.4.3 to read as follows:]
    Use the actual price name or the authorized entry abbreviation in 
the listings in 17.3 and 17.4.2.

------------------------------------------------------------------------
          Zone abbreviation                     Price equivalent
------------------------------------------------------------------------
ICD..................................  In-County, DDU.
IC...................................  In-County, Others.
DDU..................................  Outside-County, DDU.
SCF..................................  Outside-County, DSCF.
ADC..................................  Outside-County, DADC.
OC...................................  Outside-County, All Others.
------------------------------------------------------------------------

* * * * *

500 Additional Mailing Services

503 Extra Services

* * * * *

1.0 Basic Standards for All Extra Services

* * * * *

1.10 Receipts

    [Add a sentence after the fourth sentence to read as follows:]
    * * * When used for commercial mailings, Form 3877 (firm sheet) may 
be submitted electronically to PostalOne! and processed at the BMEU. * 
* *
* * * * *

5.0 Certificates of Mailing

5.1 Basic Standards

5.1.1 Description--Individual Pieces

    [Add a sentence at the end of 5.1.1 to read as follows:]
    * * * Form 3665 (firm sheet) may be submitted electronically to 
PostalOne! and processed at the BMEU.

5.1.2 Paying Fees

    [Add a sentence at the end of 5.1.2 to read as follows:]
    * * * When electronically submitted, postage for Form 3665-Firm 
must be paid with an EPS (Electronic Payment System) account.
* * * * *

5.1.6 Acceptance

    [Revise the last sentence of 5.1.6 to read as follows:]
    * * * Certificate of Mailing Form 3665 (including USPS-approved 
privately printed versions and electronic Form 3665) with mailings of 
at least 50 pieces or 50 pounds of corresponding articles presented at 
one time must be presented to a Post Office business mail entry unit 
(BMEU) or authorized detached mail unit (DMU).
* * * * *

[[Page 71332]]

5.2 Other Bulk Quantities--Certificate of Bulk Mailing

5.2.1 Description

    [Add text at the end of 5.2.1 to read as follows:]
    * * * Mailers must upload the electronic Form 3606-D prior to 
presenting the mailing at the BMEU for processing. Each electronic Form 
3606-D will receive a watermark date stamped receipt after finalization 
of the mailing.

5.2.2 Paying Fees

    [Add a sentence at the end of 5.2.2 to read as follows:]
    * * * Mailers submitting electronic Form 3606-D must pay 
certificate of mailing fees, at the time of mailing, using an EPS 
account.

5.2.3 Acceptance

    [Revise the last sentence of 5.2.3 to read as follows:]
    * * * Certificate of Bulk Mailing Form 3606-D (including USPS-
approved facsimiles and electronic Form 3606-D) with identical-weight 
mailings of at least 50 pieces or 50 pounds must be presented to a 
business mail entry unit (BMEU) or authorized detached mail unit (DMU).
* * * * *
    [END DOCUMENT]

Notice 123 (Price List)

    [Revise prices as applicable.]
* * * * *

Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-22606 Filed 10-13-23; 8:45 am]
BILLING CODE P


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