264 Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules

Jennifer S. McGinty, (202) 622–4570;

concerning submissions of comments,

Guy Traynor (202) 622–7180 (not tollfree numbers).

SUPPLEMENTARY INFORMATION:

Background

Temporary regulations in the Rules

and Regulations section of this issue of

the Federal Register amend the

Procedure and Administration

Regulations (26 CFR Part 301) relating to

section 6103(j)(5). The temporary

regulations contain rules relating to the

disclosure of return information to

officers and employees of the

Department of Agriculture for certain

statistical purposes and related

activities.

The text of the temporary regulations

also serves as the text of these proposed

regulations. The preamble to the

temporary regulations explains the

temporary regulations and these

proposed regulations.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a

significant regulatory action as defined

in Executive Order 12866. Therefore, a

regulatory assessment is not required. It

has also been determined that section

553(b) of the Administrative Procedure

Act (5 U.S.C. chapter 5) does not apply

to this regulation, and because this

regulation does not impose a collection

of information on small entities, the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) does not apply. Pursuant to

section 7805(f) of the Code, this

proposed regulation will be submitted

to the Chief Counsel for Advocacy of the

Small Business Administration for

comment on its impact on small

businesses.

Comments and Requests for a Public

Hearing

Before this proposed regulation is

adopted as a final regulation,

consideration will be given to any

electronic and written comments (a

signed original and eight (8) copies) that

are submitted timely to the IRS.

Additionally, the IRS and Treasury

Department specifically request

comments on the clarity of the proposed

regulation and how it can be made

easier to understand. All comments will

be available for public inspection and

copying. A public hearing may be

scheduled if requested in writing by a

person that timely submits comments. If

a public hearing is scheduled, notice of

the date, time, and place for the hearing

will be published in the Federal

Register.

Drafting Information: The principal

author of this regulation is Jennifer S.

McGinty, Office of the Assistant Chief

Counsel (Disclosure Litigation), IRS.

However, other personnel from the IRS

and Treasury Department participated

in its development.

List of Subjects in 26 CFR Part 301

Employment taxes, Estate taxes,

Excise taxes, Gift taxes, Income taxes,

Penalties, Reporting and recordkeeping

requirements.

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 301 is

proposed to be amended as follows:

PART 301—PROCEDURE AND

ADMINISTRATION

Paragraph 1. The authority citation

for part 301 is amended by adding an

entry in numerical order to read in part

as follows:

Authority: 26 U.S.C. 7805 * * *

Section 301.6103(j)(5)–1 also issued

under 26 U.S.C. 6103(j)(5); * * *

Par. 2. Section 301.6103(j)(5)–1 is

added to read as follows:

§ 301.6103(j)(5)–1 Disclosures of return

information to officers and employees of

the Department of Agriculture for certain

statistical purposes and related activities.

[The text of this proposed section is

the same as the text of § 301.6103(j)(5)–

1T published elsewhere in this issue of

the Federal Register].

Robert E. Wenzel,

Acting Commissioner of Internal Revenue.

[FR Doc. 00–55 Filed 1–3–00; 8:45 am]

BILLING CODE 4830–01–U

POSTAL SERVICE

39 CFR Part 111

Preparation Changes for Palletized

Standard Mail (A) and Bound Printed

Matter and for Standard Mail (A) and

Standard Mail (B) Claimed at DBMC

Rates

AGENCY: Postal Service, USPS.

ACTION: Proposed rule.

SUMMARY: The USPS proposes changes

to the Domestic Mail Manual (DMM)

that would require mailers to utilize one

Labeling List (L605) for Standard Mail

(A) packages of flats, letter trays, and

sacks prepared on pallets, regardless of

whether the mail is prepared for entry

at destination bulk mail center (DBMC)

rates; to require mailers to utilize

Labeling List L605 for Standard Mail (A)

and Standard Mail (B) machinable

parcels prepared in sacks or on pallets

when mail for auxiliary service facility

(ASF) service areas is prepared for and

claimed at DBMC rates; to implement

package reallocation between ASFs and

BMCs for Standard Mail (A) packages of

flats placed on pallets; and to utilize

Labeling List L605 for the preparation of

all Standard Mail (B) when mail for ASF

service areas is prepared for and

claimed at DBMC rates and for Bound

Printed Matter other than machinable

parcels prepared on pallets.

DATES: Comments must be received on

or before February 3, 2000.

ADDRESSES: Mail or deliver written

comments to the Manager, Mail

Preparation and Standards, USPS

Headquarters, 475 L’Enfant Plaza SW,

Room 6800, Washington DC 20260–

2405. Copies of all written comments

will be available for inspection and

photocopying between 9 a.m. and 4

p.m., Monday through Friday at USPS

Headquarters Library, 475 L’ Enfant

Plaza SW, 11th Floor N, Washington,

DC.

FOR FURTHER INFORMATION CONTACT:

Karen A. Magazino, (202) 268–3854 or

Barry Elliott, (202) 268–2731.

SUPPLEMENTARY INFORMATION: Two

labeling lists currently are used by

mailers to prepare Standard Mail (A)

machinable parcels and all Standard

Mail (A) placed on pallets. Generally,

when a mailing is being prepared, either

DMM Labeling List L601 or Labeling

List L602 is used to sort the mail,

depending on whether or not the mailer

is planning to claim DBMC rates.

Regardless of which list is used, the

overall result is less than optimal

because L601 does not include the ASFs

as a separate sort level and L602 does

not include ZIP Codes for offshore

destinations. L601 also is used to sort

Standard Mail (B) machinable parcels.

ASFs are not included on L601 because

the Postal Service wants to direct

machinable parcels to BMCs, where

they are processed on parcel sorting

machines. Consequently, when

Standard Mail (A) flats, letter trays, and

sacks are not being prepared for drop

shipment at DBMC rates and Labeling

List L601 is used, the beneficial ASF

pallets are not prepared, even when

there is sufficient volume (e.g., 500

pounds) to prepare such pallets.

Consequently, the mail for the ASF

service area is placed on a BMC service

area pallet and must be processed by the

parent BMC.

Labeling List L602 is used to define

DBMC rate eligibility for Standard Mail.

Because mail for offshore destinations is

not entitled to DBMC rates, these ZIP

Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules 265

Codes are not included in L602 and

mail for such destinations cannot

currently be placed on DBMC pallets

prepared using this list. The 3-digit

service areas that are considered

offshore destinations are 006–009, 967–

969, and 995–999. As a result, when a

mailer sorts an address file for entry at

DBMC rates using this labeling list, the

offshore mail is generally entered at

origin and must be processed at the

origin BMC and transported through the

postal network to the destination BMC

serving the offshore destination. This

mail is frequently placed in sacks

because it cannot be placed on DBMC

pallets and it is not permissible to

prepare packages of flats on mixed BMC

pallets. Ultimately, the preparation and

entry point of the offshore mail is

determined by which labeling list is

used to prepare the mailing.

Proposal To Use One Labeling List

(L605) for Standard Mail (A) Flats,

Letter Trays and Sacks Prepared on

Pallets

The Mailers’ Technical Advisory

Committee (MTAC) approved a work

group, the Presort Optimization Work

Group, comprised of representatives of

the Postal Service, presort software

vendors, mail owners, and printers, to

identify opportunities to improve the

overall presort of mailings. This group

identified the two anomalies discussed

above. They indicated that the most

viable solution for the offshore mail is

to allow it to ride along on DBMC

pallets (or in sacks if machinable

parcels) that may be drop shipped to

destination BMCs.

Based on the input of the MTAC Work

Group, the Postal Service proposes to

address these anomalies by requiring

mailers to use a single Labeling List,

L605, for all Standard Mail (A) flats,

letter trays, and sacks prepared on

pallets, regardless of where the mail is

deposited or what rates are claimed.

L605 delineates the ASF service areas

and also includes the ZIP Codes for the

offshore destinations within their

respective BMC service areas. With this

change, the offshore mail will ‘‘ride

along’’ with the DBMC mail but will not

be eligible for the DBMC discount. The

benefit is that the handling of offshore

mail at the origin BMC will be bypassed

and service to the offshore mail should

improve. The three BMCs (New Jersey,

San Francisco, and Seattle) that

presently service offshore destinations

are already receiving BMC service area

pallets and sacks that contain offshore

mail prepared using Labeling List L601.

Therefore, the addition of offshore mail

to these DBMC containers should have

no negative impact.

Requiring the use of Labeling List

L605 for all Standard Mail (A) flats,

letter trays, and sacks prepared on

pallets will also ensure that the eight

ASFs are always included in the presort

logic hierarchy and that ASF pallets are

prepared when the volume warrants.

Labeling List L601 will be retained

and will continue to be applicable for

Standard Mail (A) and Standard Mail

(B) machinable parcels, except when

mail for ASF service areas is prepared

for and claimed at DBMC rates.

Current Labeling List L602, which

contains the ZIP Code ranges for DBMC

rate eligibility will be deleted from the

Domestic Mail Manual. This

information will appear, instead, in

DMM Module E. This revision will not

change current standards for DBMC rate

eligibility.

Package Reallocation of Packages of

Standard Mail (A) Flats To Protect the

BMC Pallet

To ensure that the creation of an ASF

pallet is not detrimental to a BMC

pallet, the Postal Service also proposes

to allow protection of the BMC pallet

through the optional use of package

reallocation between a ‘‘child’’ ASF and

the ‘‘parent’’ BMC pallet. Package

reallocation for protecting a BMC pallet

is similar to the option implemented on

July 29, 1999, for protecting the SCF

pallet. In protecting a BMC pallet, any

amount of mail necessary to achieve the

minimum BMC pallet weight could be

reallocated from one ASF pallet and the

ASF pallet could be eliminated if

necessary. Mailers who choose to utilize

package reallocation to protect the BMC

pallet must use Presort Accuracy

Validation and Evaluation (PAVE)

certified presort software.

Utilization of DMM Labeling Lists L601

and L605 for Preparation of Standard

Mail (B)

The proposed elimination of L602

also affects Parcel Post (Parcel Select)

claimed at DBMC rates because that list

is currently used to define eligibility

and preparation for all mail claimed at

those rates. Accordingly, the Postal

Service proposes that all Standard Mail

(B) entered at BMCs or ASFs for DBMC

rates be prepared using L605 and DBMC

rate eligibility, which would not change,

will be determined based on an exhibit

in DMM E652. In addition, palletized

Bound Printed Matter (other than

machinable parcels) will be prepared

using L605 for sortation to ASF/BMC

pallets. L605 will also remain applicable

for BMC Presort and OBMC presort of

nonmachinable Parcel Post. L601 will

continue to be used for machinable

parcels except when mail for ASF

service areas is prepared for and

claimed at DBMC rates.

The proposed implementation date

for all of the changes contained in this

proposed rule is July 13, 2000.

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 comments on the

following revisions of the 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.

PART 111—[AMENDED]

1. The authority citation for 39 CFR

Part 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,

401, 403, 404, 414, 3001–3011, 3201–3219,

3403–3406, 3621, 3626, 5001.

2. Revise the following sections of the

Domestic Mail Manual (DMM) as set

forth below:

Domestic Mail Manual (DMM)

E. Eligibility

* * * * *

E651 Regular, Nonprofit, and

Enhanced Carrier Route Standard Mail

* * * * *

5.0 DBMC DISCOUNT

[Amend 5.1 by replacing ‘‘L602’’ with

‘‘Exhibit 5.1’’ to read as follows.]

5.1 Definition

For this standard, destination bulk

mail center (DBMC) includes all bulk

mail centers (BMCs) and auxiliary

service facilities (ASFs) as shown in

Exhibit 5.1.

[Add new Exhibit 5.1.]

EXHIBIT 5.1.—BMC/ASF—DBMC RATES

Eligible destination ZIP codes Entry BMC/ASF

005, 068–079, 085–098, 100–119, 124–127, 340 ......................................................................... BMC NEW JERSEY NJ 00102.

266 Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules

EXHIBIT 5.1.—BMC/ASF—DBMC RATES—Continued

Eligible destination ZIP codes Entry BMC/ASF

010–067, 120–123, 128, 129 .......................................................................................................... BMC SPRINGFIELD MA 05500.

130–136, 140–149 .......................................................................................................................... ASF BUFFALO NY 140.

150–168, 260–266, 439–447 .......................................................................................................... BMC PITTSBURGH PA 15195.

080–084, 137–139, 169–199 .......................................................................................................... BMC PHILADELPHIA PA 19205.

200–212, 214–239, 244, 254, 267, 268 ......................................................................................... BMC WASHINGTON DC 20499.

240–243, 245–249, 270–297, 376 .................................................................................................. BMC GREENSBORO NC 27075.

298, 300–312, 317–319, 350–352, 354–368, 373, 374, 377–379, 399 ......................................... BMC ATLANTA GA 31195.

299, 313–316, 320–339, 341, 342, 344, 346, 347, 349 ................................................................. BMC JACKSONVILLE FL 32099.

369–372, 375, 380–397, 700, 701, 703–705, 707, 708, 713, 714, 716, 717, 719–729 ................ BMC MEMPHIS TN 38999.

250–253, 255–259, 400–418, 421, 422, 425–427, 430–433, 437, 438, 448–462, 469–474 ........ BMC CINCINNATI OH 45900.

434–436, 465–468, 480–497 .......................................................................................................... BMC DETROIT MI 48399.

500–516, 520–528, 612, 680, 681, 683–689 ................................................................................. BMC DES MOINES IA 50999.

498, 499, 540–551, 553–564, 566 .................................................................................................. BMC MPLS/ST PAUL MN 55202.

570–577 .......................................................................................................................................... ASF SIOUX FALLS SD 570.

565, 567, 580–588. ......................................................................................................................... ASF FARGO ND 580.

590–599, 821 .................................................................................................................................. ASF BILLINGS MT 590.

463, 464, 530–532, 534, 535, 537–539, 600–611, 613 ................................................................. BMC CHICAGO IL 60808.

420, 423, 424, 475–479, 614–620, 622–631, 633–639 ................................................................. BMC ST LOUIS MO 63299.

640, 641, 644–658, 660–662, 664–679, 739 ................................................................................. BMC KANSAS CITY KS 64399.

730, 731, 734–738, 740, 741, 743–746, 748, 749 ......................................................................... ASF OKLAHOMA CITY OK 730.

706, 710–712, 718, 733, 747, 750–799, 885 ................................................................................. BMC DALLAS TX 75199.

690–693, 800–816, 820, 822–831 .................................................................................................. BMC DENVER CO 80088.

832–834, 836, 837, 840–847, 893, 898, 979 ................................................................................. ASF SALT LAKE CTY UT 840

850, 852, 853, 855–857, 859, 860, 863, 864 ................................................................................. ASF PHOENIX AZ 852.

865, 870–875, 877–884 .................................................................................................................. ASF ALBUQUERQUE NM 870.

889–891, 900–908, 910–928, 930–935 .......................................................................................... BMC LOS ANGELES CA 90901.

894, 895, 897, 936–966 .................................................................................................................. BMC SAN FRANCISCO CA 94850.

835, 838, 970–978, 980–986, 988–994 .......................................................................................... BMC SEATTLE WA 98000.

5.2 Eligibility

[Amend 5.2 by replacing ‘‘BMC or ASF’’

with ‘‘DBMC’’ to read as follows:]

Pieces in a mailing that meet the

standards in 1.0 through 5.0 are eligible

for the DBMC rate when deposited at a

BMC or ASF, addressed for delivery

within that facility’s service area (ZIP

Code range), and placed in a tray, sack,

or pallet (subject to the standards for the

rate claimed) that is labeled to that BMC

or ASF or to a postal facility within its

service area. With the exception of

pieces for 3-digit service areas that are

not listed in Exhibit 5.1, all pieces in an

ADC or AADC sack or tray are eligible

for the DBMC discount if the ADC or

AADC facility ZIP Code (as shown on

Line 1 of the corresponding container

label) is within the service area of the

BMC or ASF at which the sack or tray

is deposited. With the exception of

pieces for 3-digit service areas that are

not listed in Exhibit 5.1, all pieces in a

palletized ADC package are eligible for

the DBMC discount if the ADC facility

that is the destination of the package

(determined by using the label to ZIP

Code in Column B of L004) is within the

service area of the BMC or ASF at which

it is deposited. DBMC rate mail may

also be eligible for a presort or

automation discount, subject to the

corresponding standards.

* * * * *

E652 Parcel Post

1.0 BASIC STANDARDS

* * * * *

1.2 General

[Revise 1.2 to read as follows:]

For Parcel Post mailings claimed at

DBMC, DSCF, and DDU rates, pieces

must meet the applicable standards in

1.0 through 6.0 and meet the following

criteria:

a. May be bedloaded, on pallets, in

pallet boxes on pallets, in sacks, or in

other authorized containers as specified

in 2.0 through 6.0, depending on the

facility at which the pieces are

deposited.

b. May not be plant-loaded.

c. Be part of a single mailing of 50 or

more pieces that are eligible for and

claimed at any Parcel Post rate or rates.

d. Be deposited at a destination BMC

(DBMC) or auxiliary service facility or

other equivalent facility; destination

sectional center (DSCF); or destination

delivery unit (DDU) as applicable for the

rate claimed and as specified by the

USPS.

e. Be addressed for delivery within

the ZIP Code ranges that the applicable

entry facility serves.

[Revise 1.3 to read as follows:]

1.3 DBMC Rates

For DBMC rates, pieces must meet the

applicable standards in 1.0 through 6.0.

In addition, pieces must be part of a

Parcel Post mailing that is deposited at

a BMC or ASF under L605, the pieces

deposited at each BMC or ASF must be

addressed for delivery within the ZIP

Code range of that facility, must be

within a ZIP Code eligible for DBMC

rates under Exhibit 1.3, and must be

prepared in accordance with M041 and

M045 or M630. Mail meeting the

additional criteria in 5.0 may be

deposited at a designated facility other

than the BMC or ASF where the DBMC

parcels would otherwise be deposited.

[Add new Exhibit 1.3]

EXHIBIT 1.3.—BMC/ASF—DBMC RATES

Eligible destination ZIP codes Entry BMC/ASF

005, 068–079, 085–098, 100–119, 124–127, 340 ......................................................................... BMC NEW JERSEY NJ 00102.

010–067, 120–123, 128, 129 .......................................................................................................... BMC SPRINGFIELD MA 05500.

Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules 267

EXHIBIT 1.3.—BMC/ASF—DBMC RATES—Continued

Eligible destination ZIP codes Entry BMC/ASF

130–136, 140–149 .......................................................................................................................... ASF BUFFALO NY 140.

150–168, 260–266, 439–447 .......................................................................................................... BMC PITTSBURGH PA 15195.

080–084, 137–139, 169–199 .......................................................................................................... BMC PHILADELPHIA PA 19205.

200–212, 214–239, 244, 254, 267, 268 ......................................................................................... BMC WASHINGTON DC 20499.

240–243, 245–249, 270–297, 376 .................................................................................................. BMC GREENSBORO NC 27075.

298, 300–312, 317–319, 350–352, 354–368, 373, 374, 377–379, 399 ......................................... BMC ATLANTA GA 31195.

299, 313–316, 320–339, 341, 342, 344, 346, 347, 349 ................................................................. BMC JACKSONVILLE FL 32099.

369–372, 375, 380–397, 700, 701, 703–705, 707, 708, 713, 714, 716, 717, 719–729 ................ BMC MEMPHIS TN 38999.

250–253, 255–259, 400–418, 421, 422, 425–427, 430–433, 437, 438, 448–462, 469–474 ........ BMC CINCINNATI OH 45900.

434–436, 465–468, 480–497 .......................................................................................................... BMC DETROIT MI 48399.

500–516, 520–528, 612, 680, 681, 683–689 ................................................................................. BMC DES MOINES IA 50999.

498, 499, 540–551, 553–564, 566 .................................................................................................. BMC MPLS/ST PAUL MN 55202.

570–577 .......................................................................................................................................... ASF SIOUX FALLS SD 570.

565, 567, 580–588 .......................................................................................................................... ASF FARGO ND 580.

590–599, 821 .................................................................................................................................. ASF BILLINGS MT 590.

463, 464, 530–532, 534, 535, 537–539, 600–611, 613 ................................................................. BMC CHICAGO IL 60808.

420, 423, 424, 475–479, 614–620, 622–631, 633–639 ................................................................. BMC ST LOUIS MO 63299.

640, 641, 644–658, 660–662, 664–679, 739 ................................................................................. BMC KANSAS CITY KS 64399.

730, 731, 734–738, 740, 741, 743–746, 748, 749 ......................................................................... ASF OKLAHOMA CITY OK 730.

706, 710–712, 718, 733, 747, 750–799, 885 ................................................................................. BMC DALLAS TX 75199.

690–693, 800–816, 820, 822–831 .................................................................................................. BMC DENVER CO 80088.

832–834, 836, 837, 840–847, 893, 898, 979 ................................................................................. ASF SALT LAKE CTY UT 840.

850, 852, 853, 855–857, 859, 860, 863, 864 ................................................................................. ASF PHOENIX AZ 852.

865, 870–875, 877–884 .................................................................................................................. ASF ALBUQUERQUE NM 870.

889–891, 900–908, 910–928, 930–935 .......................................................................................... BMC LOS ANGELES CA 90901.

894, 895, 897, 936–966 .................................................................................................................. BMC SAN FRANCISCO CA 94850.

835, 838, 970–978, 980–986, 988–994 .......................................................................................... BMC SEATTLE WA 98000.

[Redesignate 1.4 through 1.5 as 1.5

through 1.6 and insert new number 1.4

to read as follows:

1.4 DSCF and DDU Rates

For DSCF and DDU rates, pieces must

meet the applicable standards in 1.0

through 1.6 and meet the following

criteria:

[Move former 1.3 (e) and (f) to new

section as 1.4 (a) and (b).]

* * * * *

L Labeling Lists

* * * * *

L600 Standard Mail

[Amend the heading of Labeling List

601 by removing ‘‘Machinable Parcels’’

to read as follows:]

L601 BMCs

[Revise introductory paragraph to read

as follows:]

Use this list for:

(a) Standard Mail (A) machinable

parcels if ASF mail is not prepared for

and claimed at DBMC rates,

(b) Bound Printed Matter machinable

parcels,

(c) Parcel Post if ASF mail is not

prepared for and claimed at DBMC rates

except non-machinable BMC Presort

and OBMC Presort, and

(d) Presorted Special Standard Mail

and Presorted Library Mail to BMC

destinations.

* * * * *

[Remove Labeling List 602, BMCs/ASFsDBMC Rates.]

* * * * *

[Revise the heading of Labeling List 605

to read as follows:]

L605 BMCs/ASFs

[Revise introductory paragraph to read

as follows:]

Use this list for:

(a) Standard Mail (A) pallets of

packages of flats, letter trays, and/or

sacks,

(b) Standard Mail (A) machinable

parcels when mail for ASF service areas

is prepared for and claimed at DBMC

rates,

(c) Parcel Post when mail for ASF

service areas is prepared for and

claimed at DBMC rates,

(d) Parcel Post nonmachinable parcels

claimed at BMC Presort and OBMC

Presort rates, and

(e) Bound Printed Matter packages

and/or sacks on pallets.

* * * * *

M MAIL PREPARATION AND

SORTATION

M010 Mailpieces

M011 Basic Standards

1.0 TERMS AND CONDITIONS

* * * * *

1.2 Presort Levels

[Amend 1.2 by revising 1.2n to read as

follows:]

Terms used for presort levels are

defined as follows:

* * * * *

n. ASF/BMC: all pieces are addressed

for delivery in the service area of the

same auxiliary service facility (ASF) or

bulk mail center (BMC) (see L601 or

L605, as applicable).

* * * * *

M040 PALLETS

M041 General Standards

* * * * *

5.0 PREPARATION

* * * * *

5.1 Presort

[Amend 5.1 by revising the last two

sentences to read as follows:]

* * * The standards for package

reallocation to protect the SCF or BMC

pallet (M045.5.0 and 6.0) are optional

methods of pallet preparation designed

to retain as much mail as possible at the

SCF or BMC level. These standards may

result in some packages of Periodicals

flats and irregular parcels and Standard

Mail (A) flats, and irregular parcels that

are part of a mailing job prepared in part

as palletized flats at automation rates,

not being placed on the finest level of

pallet possible. Mailers must use PAVEcertified presort software to prepare

mailings using package reallocation

(package reallocation is optional, but, if

268 Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules

performed, must be done for the

complete mailing job).

5.2 Required Preparation

[Amend 5.2 by revising 5.2a to read as

follows:]

These standards apply to:

a. Periodicals, Standard Mail (A) and

Parcel Post (other than BMC Presort,

OBMC Presort, DSCF, and DDU rate

mail). For mail that is prepared on

pallets, a pallet must be prepared to a

required sortation level when there are

500 pounds of Periodicals or Standard

Mail packages, sacks, or parcels, or six

layers of Periodicals or Standard Mail

(A) letter trays. For packages of

Periodicals flats and irregular parcels

and Standard Mail (A) packages of flats

on pallets prepared under the standards

for package reallocation (M045.5.0), not

all mail for a required 5-digit

destination is required to be on a 5-digit

pallet or optional 5-digit scheme pallet.

For packages of Standard Mail (A) flats

on pallets prepared under the standards

for package reallocation to protect the

BMC pallet (M045.6.0), not all mail for

a required ASF pallet is required to be

on an ASF pallet. Mixed pallets of

sacks, trays, or machinable parcels must

be labeled to the BMC or ADC (as

appropriate) serving the post office

where mailings are entered into the

mailstream. The processing and

distribution manager of that facility may

issue a written authorization to the

mailer to label mixed BMC or mixed

ADC pallets to the post office or

processing and distribution center

serving the post office where mailings

are entered. These pallets contain all

mail remaining after required and

optional pallets are prepared to finer

sortation levels under M045, as

appropriate.

* * * * *

6.0 COPALLETIZED COMBINED OR

MIXED-RATE LEVEL MAILINGS OF

FLAT-SIZE PIECES

* * * * *

6.4 Standard Mail (A)

[Amend 6.4 by revising the first

sentence to read as follows:]

To copalletize different Standard Mail

(A) flat-size mailings, the mailer must

consolidate on pallets all independently

sorted packages from each mailing to

achieve the finest presort level for the

mailing, except that a copalletized

mailing prepared under M045.5.0 or 6.0,

using package reallocation, may not

always result in all packages being

placed on the finest pallet level

possible.* * *

* * * * *

M045 Palletized Mailings

* * * * *

4.0 PALLET PRESORT AND

LABELING

4.1 Packages, Bundles, Sacks or Trays

on Pallets

[Amend 4.1 by revising 4.1e to read as

follows:]

Preparation and Line 1 labeling:

* * * * *

e. As appropriate:

(1) Periodicals: ADC: required; for

Line 1, use L004.

(2) Standard Mail: BMC/ASF:

required; for Line 1, use L605. If

package reallocation to protect the BMC

pallet is used and the BMC pallet

contains mail for the ASF service area,

for Line 1, use L601.

* * * * *

4.2 Machinable Parcels-Standard Mail

[Amend 4.2 by revising 4.2b and 4.2c to

read as follow:]

Preparation sequence and Line 1

labeling:

* * * * *

b. ASF: allowed and required only

when mail for ASF service areas is

prepared for and claimed at DBMC

rates; for Line 1, use L605. DBMC rate

eligibility is determined by Exhibit

E651.5.1 and Exhibit E652.1.3.

c. Destination BMC: required; for Line

1, use L601 (L605 when mail for ASF

service areas is prepared for and

claimed at DBMC rates). DBMC rate

eligibility is determined by Exhibit

E651.5.1 and Exhibit E652.1.3.

* * * * *

[Revise heading of 5.0 to read as

follows:]

5.0 PACKAGE REALLOCATION TO

PROTECT SCF PALLET FOR

PERIODICALS FLATS AND

IRREGULAR PARCELS AND

STANDARD MAIL (A) FLATS ON

PALLETS

5.1 Basic Standards

[Amend 5.1 by revising the first

sentence to read as follows:]

Package reallocation to protect the

SCF pallet is an optional preparation

method (if performed, package

reallocation must be done for the

complete mailing job); only PAVEcertified presort software may be used to

create pallets under the standards in 5.2

through 5.5 * * *

* * * * *

[Redesignate 6.0 through 14.0 as 7.0

through 15.0, respectively, and insert

new number 6.0 to read as follows:]

6.0 PACKAGE REALLOCATION TO

PROTECT BMC PALLET FOR

STANDARD MAIL (A) FLATS ON

PALLETS

6.1 Basic Standards

Package reallocation to protect the

BMC pallet level is an optional

preparation method (if performed,

package reallocation to protect the BMC

pallet must be done for the complete

mailing job); only PAVE-certified

presort software may be used to create

pallets under the standards in 6.2

through 6.4. The software will

determine if mail for a BMC service area

would fall beyond the BMC level when

ASF pallets are prepared. Reallocation

is performed only when there is mail for

the BMC service area that would fall

beyond the BMC pallet level. The

amount of mail required to bring the

mail that would fall beyond the BMC

pallet level back to a BMC level is the

minimum volume that would be

reallocated from an ASF pallet, where

possible. The following ‘‘parent’’ BMCs

can be protected with package

reallocation by using mail from the ASF

‘‘child’’ pallets indicated in Exhibit 6.1.

EXHIBIT 6.1.—‘‘PARENT’’ BMC/‘‘CHILD’’ ASF

‘‘Parent’’ BMC: service areas ‘‘Child’’ ASF: ZIP Code areas served

Pittsburgh BMC ................................................... Buffalo ASF: 130–136; 140–149.

Denver BMC ....................................................... Albuquerque ASF: 865, 870–875, 877–884.

Phoenix ASF: 850, 852, 853, 855–857, 859, 860, 863, 864.

Salt Lake City ASF: 832–834, 836, 837, 840–847, 893, 898, 979.

Billings ASF: 590–599, 821.

Dallas BMC ......................................................... Oklahoma City ASF: 730, 731, 734–738, 740, 741, 743–746, 748, 749.

Des Moines BMC ................................................ Sioux Falls ASF: 570–577

Minneapolis BMC ................................................ Fargo ASF: 565, 567, 580–588.

Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules 269

6.2 General Reallocation Rules

Reallocation rules:

a. The reallocation process does not

affect package preparation. Reallocate

only complete packages and only the

minimum number of packages necessary

to create a BMC pallet meeting the

minimum pallet weight. Based on the

weight of individual pieces within a

package and packaging parameters, the

weight of mail that is reallocated may be

slightly more than the minimum volume

required to create a BMC pallet.

b. Using the parent BMC/child ASF

table provided in Exhibit 6.1, reallocate

packages from the ASF pallet to create

a BMC pallet. The ASF pallet can be

eliminated if necessary to protect the

BMC pallet.

c. When reallocating mail to create a

BMC pallet, reallocate mail only from

the ASF pallet. Package reallocation is

only to be used between the ‘‘parent’’

BMC and the ‘‘child’’ ASF. Mail from

finer levels of pallets (e.g., SCF pallet)

may not be reallocated to protect BMC

pallets.

d. Mailers may use any minimum

pallet weight(s) permitted by DMM

standards and may use different

minimum weights for different pallet

levels in conjunction with package

reallocation.

6.3 Reallocation of Packages From

ASF Pallets

When reallocating packages from ASF

pallets:

a. Using the parent BMC/child ASF

table provided in Exhibit 6.1, attempt to

identify an ASF pallet of adequate

weight that can support reallocation of

one or more packages to bring the mail

that has fallen through the BMC level

back to the BMC level without

eliminating the ASF pallet. A sufficient

amount of mail must remain on the ASF

pallet after reallocation to meet the ASF

pallet weight minimum. If an ASF pallet

of adequate weight is available, create a

BMC pallet by combining the

reallocated mail from the ASF pallet

with the mail that would fall beyond the

BMC pallet level.

b. If no single ASF pallet within the

BMC service area contains an adequate

volume of mail to allow reallocation of

the portion of the mail on a pallet as

described in the previous step, then

eliminate one ASF pallet and reallocate

all of the mail to create a BMC pallet by

combining it with the mail that would

fall beyond the BMC pallet level. As a

result, the software will not prepare one

ASF pallet for the ASF service area if it

is detrimental to the BMC pallet.

6.4 Documentation

Mailings must be supported by

documentation produced by PAVEcertified software meeting the standards

in P012.

* * * * *

M073 COMBINED MAILINGS OF

STANDARD (A) AND STANDARD (B)

PARCELS

1.0 COMBINED MACHINABLE

PARCELS—RATES OTHER THAN

PARCEL POST OBMC PRESORT, BMC

PRESORT, DSCF, AND DDU

* * * * *

1.6 Sack Preparation

[Amend 1.6 by revising 1.6a(2) and

1.6a(3) to read as follows:]

The requirements for sack preparation

are as follows:

a. Sack size, preparation sequence,

and Line 1 labeling:

* * * * *

(2) Destination ASF: allowed and

required only when mail for ASF

service areas is prepared for and

claimed at DBMC rates (minimum of 10

pieces/20 pounds/1,000 cubic inches,

smaller volume not permitted); for Line

1, use L605. DBMC rate eligibility is

determined by Exhibit E651.5.1 and

Exhibit E652.1.3.

(3) Destination BMC: required

(minimum of 10 pieces/20 pounds/

1.000 cubic inches, smaller volume not

permitted); for Line 1, use L601 (L605

when mail for ASF service areas is

prepared for and claimed at DBMC

rates). DBMC rate eligibility is

determined by Exhibit E651.5.1 and

Exhibit E652.1.3.

* * * * *

M610 Presorted Standard Mail (A)

* * * * *

5.0 MACHINABLE PARCELS

* * * * *

5.2 Sack Preparation

[Amend 5.2 by revising 5.2(b) and 5.2(c)

to read as follows:]

Sack size, preparation sequence, and

Line 1 labeling:

* * * * *

b. Destination ASF: allowed and

required only when mail for ASF

service areas is prepared for and

claimed at DBMC rates (10 pound

minimum, smaller volume not

permitted); for Line 1 use L605. DBMC

rate eligibility is determined by Exhibit

E651.5.1.

c. Destination BMC: required (10

pound minimum, smaller volume not

permitted); for Line 1, use L601 (L605

when mail for ASF service areas is

prepared for and claimed at DBMC

rates). DBMC rate eligibility is

determined by Exhibit E651.5.1.

* * * * *

M630 Standard Mail (B)

* * * * *

6.0 MACHINABLE PARCELS

* * * * *

6.2 Sack Preparation

[Amend 6.2 by revising 6.2b and 6.2c to

read as follows:]

Sack size, preparation sequence, and

Line 1 labeling:

* * * * *

b. ASF: allowed and required only

when mail for ASF service areas is

prepared for and claimed at DBMC rates

(minimum of 10 pieces/20 pounds/

1,000 cubic inches, smaller volume not

permitted); for Line 1, use L605. DBMC

rate eligibility is determined by Exhibit

E652.1.3.

c. Destination BMC: required

(minimum of 10 pieces/20 pounds/

1,000 cubic inches, smaller volume not

permitted); for Line 1, use L601 (L605

when mail for ASF service areas is

prepared for and claimed at DBMC

rates). DBMC rate eligibility is

determined by Exhibit E652.1.3.

* * * * *

P POSTAGE AND PAYMENT

METHODS

P000 Basic information

P010 General Standards

* * * * *

P012 DOCUMENTATION

* * * * *

2.0 STANDARDIZED

DOCUMENTATION—FIRST-CLASS

MAIL, PERIODICALS, AND

STANDARD MAIL (A)

2.2 Format and Content

[Amend 2.2 by replacing last two

sentences of 2.2d (4) to read as follows:]

For First-Class Mail, Periodicals, and

Standard Mail (A), standardized

documentation includes:

* * * * *

(4) * * * Document SCF or BMC

pallets created as a result of package

reallocation under M045.5.0 or 6.0 on

the USPS Qualification Report by

designating the protected pallet with an

identifier of ‘‘PSCF’’ (for an SCF pallet)

or ‘‘PBMC’’ (for a BMC pallet). These

identifiers are required to appear only

on the USPS Qualification Report; they

are not required to appear on pallet

270 Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Proposed Rules

labels or in any other mailing

documentation.

* * * * *

2.4 Sortation Level

[Amend 2.4 by inserting new sortation

level and abbreviation immediately

below SCF pallets (created from package

reallocation) to read as follows:]

The actual sortation level (or

corresponding abbreviation) is used for

the package, tray, sack, or pallet levels

required by 2.2 and shown below.

Sortation level Abbreviation

*****

BMC [pallets created from

package reallocation].

PBMC

* * * * *

An appropriate amendment to 39 CFR

11.3 to reflect these changes will be

published if the proposal is adopted.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–25 Filed 1–3–00; 8:45 am]

BILLING CODE 7710–12–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 99–2843, MM Docket No. 99–362, RM–

9730]

Radio Broadcasting Services; Canton

and Morristown, NY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed jointly by

Cartier Communications Inc., licensee of

Station WVNC, Channel 244A, Canton,

NY, and Waters Communications, Inc.,

licensee of Station WNCQ–FM, Channel

275A, Morristown, NY, seeking the

substitution of Channel 275C3 for

Channel 244A at Canton and the

substitution of Channel 244C3 for

Channel 275A at Morristown, and the

modification of their respective licenses

to specify operation on the higher

powered channels. Comment is

requested on whether the proposal

should be considered as an

incompatible channel swap pursuant to

Section 1.420(g)(3) of the Commission’s

Rules, as requested by Cartier and

Waters, since a second Class C3

channel, Channel 244C3, is available for

allotment at Canton, with a site

restriction of 20.8 kilometers (12.9

miles) west, at coordinates 44–33–26

NL; 75–25–48 WL. This allotment

would be short-spaced to Channel 243A

at Buckingham, Quebec, and to Station

CKOI–FM, Channel 245C1, Verdun,

Quebec, Canada. Channel 275C3 can be

allotted to Canton in compliance with

the Commission’s minimum distance

separation requirements, with respect to

domestic allotments, with a site

restriction of 12 kilometers (7.4 miles)

north, at coordinates 44–41–51 NL; 75–

07–35 WL, to accommodate Cartier’s

desired transmitter site. Channel 275C3

at Canton will be short-spaced to 276A

at Valleyfield, Quebec, Canada. Channel

244C3 can be allotted to Morristown in

compliance with the Commission’s

minimum distance separation

requirements, with respect to domestic

allotments, with a site restriction of 12

kilometers east, at coordinates 44–36–00

NL; 75–30–00 WL, to accommodate

Waters’ desired transmitter site.

Channel 244C3 at Morristown will be

short-spaced to Channel 243A at

Buckingham, Quebec, Canada. Since

both communities are located within

320 kilometers of the U.S.-Canadian

border and the proposed allotments will

result in short-spacings to Canadian

allotments, concurrence by the

Canadian Government in these

allotments, as specially negotiated,

short-spaced allotments, must be

obtained.

DATES: Comments must be filed on or

before February 7, 2000, and reply

comments on or before February 22,

2000.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW, Room

TW–A325, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: David G. O’Neil, Rini, Coran

& Lancellotta, P.C., 1350 Connecticut

Avenue, NW, Suite 900, Washington,

DC 20036–1701 (Counsel to petitioners).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

99–362, adopted December 8, 1999, and

released December 17, 1999. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center, 445 12th Street,

SW, Washington, DC. The complete text

of this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–90 Filed 1–3–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 216 and 222

[Docket No. 990901242–9242–01;

I.D.072099E]

North Atlantic Whale Protection

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: NMFS publishes an advance

notice of proposed rulemaking (ANPR)

in response to a request by the Whale

Watch Advisory Group (WWAG) that

NMFS solicit comments on the

appropriateness of codifying, through

rulemaking, operational procedures for

vessels engaged in whale watching in

NMFS Northeast Region (Virginia to

Maine).

The scope of this ANPR encompasses

the activity of any vessel (commercial or

private) that is engaged in whale

watching. NMFS is requesting

comments on whether existing whale

protection measures are adequate to

address the potential threat of injury or

mortality by vessels engaged in whale

watching (commercial and private) to

large whales, (primarily humpback, fin,

and minke whales), and, if not, what

whale protection measures are needed.

DATES: Comments must be received at

the appropriate address or fax number