22270 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

ACTION: Correction.

SUMMARY: On July 21, 1994, the National

Labor Relations Board amended its

administrative regulations (59 FR

31757) governing the standards of

conduct and financial disclosure

requirement of its employees of the

Agency. Most of those regulations had

been superseded by the Standards of

Ethical Conduct for Employees of the

Executive Branch issued by the Office of

Government (OGE). The NLRB

published the rule to repeal those

portions of the provisions that were

superseded by the executive branchwide standards and to update crossreferences in the current regulations that

continued to be applicable. The NLRB is

publishing this rule to correct

amendatory instructions 4. and 5. and

amendatory instruction 10. (59 FR

37158) of that amending rule.

EFFECTIVE DATE: The removal of

§ 100.106, the removal of § 100.201 of

Subpart B, and the redesignation of

§ 100.123 as the new § 100.201 of

Subpart B are effective July 21, 1994.

FOR MORE INFORMATION CONTACT:

Gloria Joseph, Director of

Administration, National Labor

Relations Board, Room 7109, 1099 14th

Street NW., Washington, DC 20570–

0001. (202–273–3890).

List of Subjects in 29 CFR Part 100

Administrative Regulations,

Government employees, cooperation in

audits and investigations, employee

personal property loss claims, claims

under the Federal Tort Claims Act,

nondiscrimination on the basis of

handicap in NLRB programs.

PART 100—[CORRECTED]

§ 100.103 through 100.106 [Removed]

1. On page 37158, in the third

column, amendatory instructions 4. and

5. should read as follows:

4. and 5. Sections 100.103 through

100.106 are removed.

Subpart B—Cooperation in Audits and

Investigations

2. On page 37158, in the third

column, amendatory instruction 10.

should read as follows:

10. § 100.201 of Subpart B is removed

and § 100.123 is redesignated as the new

§ 100.201 of Supbart B and revised to

read as follows:

Dated: Washington, DC, May 1, 1995.

By direction of the Board.

National Labor Relations Board.

Joseph E. Moore,

Acting Executive Secretary.

[FR Doc. 95–11078 Filed 5–4–95; 8:45 am]

BILLING CODE 7545–01–M

POSTAL SERVICE

39 CFR Part 111

Special Bulk Third-Class Eligibility

Restrictions

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule implements

provisions of Public Laws 103–123 and

103–329 that further restrict the kinds of

advertisements and products that are

mailable at the special bulk third-class

rates by authorized organizations.

EFFECTIVE DATE: October 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Ernest Collins, (202) 268–5316.

SUPPLEMENTARY INFORMATION: On

October 28, 1993, the President signed

into law Public Law 103–123, the

Treasury, Postal Service, and General

Government Appropriations Act for

1994. Title VII of the Act, the Revenue

Forgone Reform Act, amended 39 U.S.C.

3626 by adding provisions to subsection

(j) as well as new subsection (m) (1993

amendments). These sections add

further restrictions on the use of special

bulk third-class postage rates by

qualified organizations.

On September 30, 1994, the President

signed into law Public Law 103–329, the

Treasury, Postal Service, and General

Government Appropriations Act for

1995 (1994 amendment), amending

provisions of Public Law 103–123. The

amendment creates an exception to the

1993 amendments for advertisements

printed in materials that meet the

content requirements for periodical

publications as prescribed by the Postal

Service.

The Postal Service published in the

Federal Register (60 FR 12490–12492)

on March 7, 1995, a proposal to amend

the Domestic Mail Manual (DMM) to

implement certain provisions of Public

Laws 103–123 and 103–329. These

provisions made certain types of matter

ineligible to be mailed at the special

bulk third-class postage rates, which are

available for use by certain nonprofit

organizations, political committees, and

voting registration officials. The Postal

Service requested comments by April 6,

1995.

The 1993 amendments established

new content-based restrictions on

matter eligible for special bulk thirdclass rates. In order for material that

advertises, promotes, offers, or, for a fee

or consideration, recommends,

describes, or announces the availability

of any product or service (other than

insurance, travel, or financial

instruments, which were the subject of

restrictions in previous legislation and

rulemaking) to qualify for mailing at the

special bulk third-class rates, the sale of

the product or the providing of the

service must be substantially related to

the exercise or performance by the

organization of one or more of the

purposes constituting the basis for the

organization’s authorization to mail at

such rates. The determination of

whether a product or service is

substantially related to an organization’s

purpose is to be made in accordance

with standards established under the

Internal Revenue Code. The

amendments also added restrictions on

the mailing of products at the special

bulk third-class rates.

The 1994 amendment provides that

advertisements mailed at the special

bulk third-class rates need not meet the

substantially related test if the material

of which the advertisement is a part

meets the content requirements for a

periodical publication, as specified by

the Postal Service. The 1994

amendment does not affect the

restrictions on the mailing of products

established in the 1993 amendments.

The only products mailable at the

special bulk third-class rates are lowcost products as defined under the

Internal Revenue Code, items donated

or contributed to the qualified

organization, and periodical

publications of authorized

organizations. The Postal Service views

the new provisions as supplementary to,

rather than a change to or replacement

for, existing restrictions on special-rate

mailings. That is, mailings ineligible for

the special rates under existing rules

remain ineligible for these rates,

regardless of whether they violate the

new restrictions. Further, mailings that

violate the new restrictions would not

be eligible for the special rates,

regardless of whether they would be

eligible under existing rules.

As the Postal Service has pointed out

in prior rulemakings, it should be

recognized that the Postal Service has

limited discretion on what may be

mailed at the special rates. These

historically subsidized rates are based

on statutes that prescribe standards for

who may mail at the special rates and

what may be sent at those rates. The

Postal Service views its role as the

administrator of these laws.

Accordingly, its goal in this rulemaking
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22271

is to promulgate rules implementing

Public Laws 103–123 and 103–329.

A final rule was published in the

Federal Register (59 FR 23158–23164)

on May 5, 1994, to implement

provisions of Public Law 103–123, with

an effective date of September 4, 1994.

That final rule was subsequently

indefinitely delayed by notice in the

Federal Register (59 FR 39967) on

August 5, 1994. This final rule adopted

in this notice carries forth most of the

same rules that were to have been

effective September 4, 1994, while

implementing the new exception for

advertisements provided by Public Law

103–329. The exception specifies that

advertisements in material that meets

the content requirements for a

periodical publication, as specified by

the Postal Service, need not be

substantially related to the purpose(s) of

the authorized organization to qualify

for mailing at the special bulk thirdclass rates.

As explained below, the new rules

deny the use of special bulk third-class

rates for mailpieces that do not meet the

content requirements for a periodical

publication as prescribed by the Postal

Service and contain one or more

advertisements for products or services

that are not ‘‘substantially related’’ to a

purpose on which the organization’s

authorization to mail at the special bulk

third-class rates is based. This

prohibition applies regardless of the

inclusion of other advertisements that

do qualify for mailing at those rates.

Products and services advertised in

mailpieces that meet the content

requirements for a periodical

publication need not be substantially

related to a purpose of the authorized

organization to be mailable at the

special bulk third-class rates. These new

rules are in addition to, and are

designed to be compatible with, existing

prohibitions on the use of special bulk

third-class rates for improper

cooperative mailings and for certain

advertising of financial instruments,

insurance policies, and travel

arrangements. Restrictions on

advertisements for the last three types of

products or services are not subject to

the exceptions adopted in this

rulemaking.

Material that is not considered to be

advertising is not prohibited under

these restrictions. This material

includes certain acknowledgments and

‘‘permissible references’’ described in

current DMM E370.5.6 (which will be

renumbered as DMM E370.5.7). It also

includes public service announcements

that are not considered to be advertising

under postal standards. This policy is

set forth in DMM E211.11.2. The

determination of whether other material

comes within the restrictions in new

DMM E370.5.4(d) must be made on a

case-by-case basis. For example, the

Postal Service has received inquiries

concerning material containing prize

offers. If the reader is not required to

make a purchase in order to be eligible

for a prize, the material is not

considered to be an advertisement or

otherwise subject to DMM E370.5.4(d).

The Postal Service understands that

sweepstakes announcements usually

include such arrangements. When an

individual is eligible for a prize or

premium only if a purchase is made, the

matter would generally be considered

under the provisions of DMM

E370.5.4(d).

Evaluation of Comments Received

Written comments were received from

six associations and organizations. One

favorable comment recommended

adoption of the proposed rule in its

entirety. Three other comments

generally favored adoption of the

proposed rules, with specific objections

to only one subsection. Two comments

expressed broader concerns with the

proposal. After considering all six

comments, the Postal Service has

determined to adopt the rule as

proposed except for minor changes

described below.

Although two comments did not

object to the four general content

requirements for a periodical

publication in proposed DMM E370.5.8

(i.e., title, printed sheets, identification

statement, and nonadvertising content)

or to the remainder of the proposed

rules, they opposed the requirement for

a frequency statement in the

identification statement. The comments

stated that this additional rule creates a

frequency requirement whereas the

restrictions adopted by Congress call for

eligibility to be based on the content

requirements for periodical

publications, not periodicity or other

requirements. The comments pointed

out that it is important to recognize the

financial and staffing resource

constraints under which many nonprofit

organizations operate. They stated that

it is not uncommon for an organization’s

mailing to be prepared, printed, and

presented to the Postal Service for

delivery after a volunteer has found the

time to write the material, or after the

next grant or donation has been received

to fund its production, or both. As an

alternative to eliminating the

requirement for a frequency statement

in the third-class publication’s

identification statement, one of the

comments suggested that mailers be

allowed to state the frequency as

‘‘irregular.’’

The Postal Service agrees with the

statements of these two comments that

the exception created in the 1994

legislation does not establish a

frequency requirement for matter

meeting the content requirements for a

periodical publication. The Postal

Service proposal is based on the need to

implement a statute that requires a

listing of the content requirements for

periodicals. Identification statements

are required to be printed in secondclass periodicals, and frequency

statements are in the identification

statements. However, unlike secondclass publications, publications eligible

for mailing at the special bulk thirdclass rates are not required to be issued

according to a regular frequency or to

have a minimum number of issues

produced each year. The rule simply

requires mailers to provide a description

of the publication frequency in the

identification statement. If the term

‘‘irregular,’’ or a similar term, best

describes the intended frequency, then

that description satisfies DMM E370.5.8.

As a further note, if the frequency

changes, the new frequency should be

included in the identification statement

when the publication is again

published; no separate notice need be

provided to the Postal Service. Further,

the Postal Service will not monitor the

publication to ensure that the stated

frequency is met and will not impose

sanctions if it is not followed, as might

occur if a frequency requirement were

imposed. Accordingly, in view of the

comments received, the Postal Service

has added ‘‘irregularly’’ as an example

of a statement of frequency in DMM

5.8c(3). It has also changed the

requirement in that subsection from

‘‘Statement of frequency showing how

many issues are to be published each

year and at what regular intervals (daily;

weekly; monthly except June; four times

a year in June, August, September, and

December; annually; etc.)’’ to

‘‘Statement of frequency showing when

issues are to be published (daily;

weekly; monthly; monthly except June;

four times a year in June, August,

September, and December; annually;

irregularly, etc.)’’ to eliminate confusion

as to what constitutes an acceptable

statement of frequency.

Two comments reminded the Postal

Service of its commitment to publish

and distribute a detailed handbook to be

made available to interested mailers,

and these comments asked that this

handbook include explanations

concerning specific types of mailings,

particularly if such explanations could

not be added directly to the DMM. As
22272 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

previously announced, the Postal

Service plans to publish a handbook

that will contain information regarding

special bulk third-class mailings. The

handbook will combine current

Publications 417 and 417–A and will

contain information regarding

application procedures, qualifying

organizations, mailing at other post

offices, and cooperative mailings, as

well as material concerning the new

content-based restrictions

(advertisements, products, premiums,

sweepstakes, etc.). Although the

handbook will contain helpful

information to assist authorized

organizations to determine whether

their materials qualify for mailing at the

special bulk third-class rates, the

Domestic Mail Manual will contain the

rules governing the kinds of materials

that qualify for mailing at these rates.

The handbook will provide information

and examples that will be helpful in

applying the rules in the Domestic Mail

Manual. Plans are to distribute the

handbook as far in advance as possible

of the effective date of this final rule. A

notice will be published in the Postal

Bulletin when the handbook is available

for distribution.

One comment stated that requester

publications should be allowed to

qualify for special second-class rates.

The comment also suggested that the

Postal Service explore with interested

parties the adoption of rules to

accomplish this goal. This comment is

beyond the scope of this rulemaking.

One comment stated that the

proposed rule neither distinguishes

between premiums and products nor

between advertising and solicitations for

donations. This comment argues that

solicitations by nonprofit organizations

that seek donations and offer premiums

to contributors should not be considered

advertising. The provision questioned

by the comment was among the

provisions originally adopted on May 5,

1994, and is carried forward in the rules

adopted with this final rule. The Postal

Service specifically addressed the issue

raised by this comment, which concerns

‘‘back-end premiums’’ in that earlier

rulemaking, 59 FR 23162, and the Postal

Service continues to believe that the

conclusions reached at that time are

sound. The definition for advertising as

set forth in DMM E211.11.0 states that

the term includes all material for the

publication of which a valuable

consideration is paid, accepted, or

promised that calls attention to

something to get people to buy it, sell

it, seek it, or support it. The Postal

Service, therefore, believes that a

mailpiece containing information

promising to furnish a product or

premium in return for making a

donation is an advertisement for the

product or premium. Consequently, the

advertisement must comply with one of

the applicable exceptions in order to be

eligible for the special rates, i.e., be

substantially related to the purposes of

the authorized organization (which

includes advertisements for items

received by the authorized organization

as a donation or gift), or be in material

that meets the content requirements for

a periodical publication. The Postal

Service further notes that the question

of whether the back-end premium itself

may be mailable at the special rates is

subject to a different set of rules: the

product restrictions set forth in DMM

E370.5.10. Additionally, it should not

be forgotten that the new restrictions on

advertising affect only material

considered to be advertisements.

Accordingly, a mailpiece of an

authorized organization that contains

only a donation solicitation for that

organization will not be considered an

advertisement subject to the new

restrictions.

The same comment noted its

agreement with statements in the

Supplementary Information portion of

the proposed rules concerning treatment

of sweepstakes and public service

announcements (PSAs), and urged that

these be incorporated into the rules.

Postal policy concerning PSAs is

contained in DMM E211.11.0 (see 60 FR

10021, 10029, February 23, 1995). The

treatment of sweepstakes mailings is an

application of the general rules

published in this notice. These are

necessarily ‘‘regulations of a general

character,’’ United States Postal Service

v. Council of Greenburgh Civic

Associations, 453 U.S. 114, 133 (1981).

It is impractical for the Postal Service to

anticipate and address specific

examples of mailings in these rules.

Nevertheless, detailed information

about products, premiums, donation

solicitations, and advertisements will be

addressed in the upcoming handbook to

assist customers in determining whether

these materials are mailable at the

special bulk third-class rates.

One comment stated that the

proposed rules ‘‘create a pseudoperiodical publication category in thirdclass.’’ It stated that periodical

publications are defined in DMM E200;

that clear and precise content

requirements are listed in DMM

E212.1.3, E212.3.1, and E212.4.1; that

Congress intended that the provisions of

DMM E212.1.3a, 1.3c, and 1.3d serve as

the content restrictions affecting special

bulk third-class mail containing space

advertising; and that the law does not

require that a special bulk third-class

mailpiece be a periodical publication.

The Postal Service believes that it is

in agreement with the comment on two

essential points: (1) That the statutory

exception is not limited to periodicals,

but to materials that meet the content

requirements for periodicals; and (2)

that the test for the Postal Service is to

adopt regulations to implement the

statutory language established by

Congress. If the statute requires the

creation of a ‘‘pseudo-periodical’’

category, that matter is beyond the

authority of the Postal Service, whose

role is limited to the implementation of

the statute. Although the comment

stated a belief that DMM E212.2.3,

E212.3.1, and E212.4.1 create content

requirements, it did not urge that they

be included in the final rule. Instead,

the comment indicated a belief that

Congress intended DMM E212.1.3a,

1.3c, and 1.3d to serve as the

restrictions, although it did not cite any

direct evidence of such congressional

intent. These rules establish advertising

restrictions only for second-class

eligibility purposes. The proposed rule

contains an advertising restriction in

DMM E370.5.8d. The proposed rule also

establishes other criteria such as the

need for a title, printed sheets, and an

identification statement. Because these

are all items that must be contained in

the mailpiece, the Postal Service

believes, contrary to the assertions of

this comment, that these criteria are

fairly described as content requirements

for periodical publications. The Postal

Service believes that proposed DMM

E370.5.8 contained reasonable, objective

criteria to implement a statute requiring

a listing of the content requirements for

periodicals and, therefore, adopts the

proposed rule.

One comment stated that the

proposed rule would allow

organizations to use special bulk thirdclass postal rates to compete unfairly

with for-profit organizations. This

comment generally appears to be

opposed to the use of special bulk thirdclass rates for advertising matter and

asserts that authorized organizations’

mailings should be restricted to

nonadvertising and non-incomegenerating endeavors. The comment

also urged, apparently as an alternative

position, that the rules be reviewed to

create stricter limits against the mailing

of advertisements at the special rates.

The comment that authorized

organizations should be restricted to

nonadvertising and non-incomegenerating endeavors goes beyond the

scope of the statutes and the authority

of the Postal Service. The kinds of

organizations that may mail at the
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22273

special bulk third-class rates and what

they may mail at those rates are

established by statute. Although these

laws set forth restrictions against the

entry of advertisements at the special

rates, they also provide exceptions to

the restrictions. The Postal Service is

not permitted to change provisions of

the statutes by rulemaking as urged by

the comment. The same comment also

asked that the rules be revised to limit

advertisements mailed at the special

bulk third-class rates to those

advertisements that are substantially

related to the exercise or performance

by the organization of one or more of the

purposes constituting the basis for the

organization’s authorization to mail at

such rates, which it describes as the

‘‘current rule.’’ In fact, this provision

was part of the final rule published on

May 4, 1994, to implement the 1993

amendments. As described above, this

provision was subsequently indefinitely

delayed, but it is adopted as part of this

final rule. The comment essentially

requested the Postal Service to ignore

the additional exception created in the

1994 amendments. This would be

beyond the authority of the Postal

Service for reasons explained above.

The same comment also argued that the

proposed rule creates an overly broad

definition of periodical publication in

DMM E370.5.8; the comment would

limit the new exception to ‘‘legitimate

nonprofit publications’’ and change

proposed DMM E370.5.8d to require the

publication to contain at least 75%

nonadvertising matter. The exception in

the 1994 amendments is not limited to

‘‘periodicals’’; it refers to material

meeting the content requirement for

periodical publications. Moreover, the

proposed 75% threshold is inconsistent

with existing content requirements.

In addition to the changes to the

proposed rule described above, the

following additional minor changes

have been made in the final rule. The

phrase ‘‘qualified organization,’’ which

describes organizations authorized to

mail at the special bulk third-class rates,

has been changed to ‘‘an authorized

organization’’ in DMM 5.6c and 5.6d.

DMM 5.6b(3) has been revised to clarify

that the exception in the 1994

amendment applies to material that

meets the content requirements for

periodicals rather than solely to

‘‘publications.’’ Finally, the requirement

for inclusion of a USPS number in DMM

5.8c(6) has been eliminated since such

a number would ordinarily appear only

in matter entered as second-class mail.

List of Subjects in 39 CFR Part 111

Postal Service.

For the reasons discussed above, the

Postal Service hereby adopts the

following amendments to the Domestic

Mail Manual, which is incorporated by

reference in the Code of Federal

Regulations (see 39 CFR part 111).

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, 3001–3011, 3201–3219, 3403–

3406, 3621, 3626, 5001.

2. In the Domestic Mail Manual,

renumber sections E370.5.6, 5.7, 5.8,

and 5.9 as E370.5.7, 5.9, 5.12, and 5.11,

respectively; add new E370.5.4(d), 5.6,

5.8, and 5.10 as follows:

E—Eligibility

* * * * *

E370 Special (Nonprofit) Bulk Rates

* * * * *

5.0 ELIGIBLE AND INELIGIBLE

MATTER

* * * * *

5.4 Prohibitions

Special bulk third-class rates may not

be used for the entry of material that

advertises, promotes, offers, or, for a fee

or consideration, recommends,

describes, or announces the availability

of:

* * * * *

[Add new 5.4d as follows:]

d. Any other product or service unless

one of the following exceptions is met:

(1) The sale of the product or the

providing of such service is

substantially related to the exercise or

performance by the organization of one

or more of the purposes used by the

organization to qualify for mailing at the

special bulk third-class rates. The

criteria in 5.6 are used to determine

whether an advertisement, promotion,

or offer for a product or service is for a

substantially related product or service

and, therefore, mailable at the special

bulk third-class rates.

(2) The product or service is

advertised in third-class material

meeting the prescribed content

requirements for a periodical

publication. The criteria in 5.8 are used

to determine whether the third-class

material meets the content requirements

for a periodical publication.

[Change title of 5.5 as follows:]

5.5 Definitions, Insurance

* * * * *

[Add new 5.6, renumber existing 5.6 as

5.7, and renumber existing 5.7 as 5.9.]

5.6 Definitions, Substantially Related

Advertising, Products

For the standards in 5.4d:

a. To be substantially related, the sale

of the product or the providing of the

service must contribute importantly to

the accomplishment of one or more of

the qualifying purposes of the

organization. This means that the sale of

the product or providing of the service

must be directly related to

accomplishing one or more of the

purposes on which the organization’s

authorization to mail at the special bulk

third-class rates is based. The sale of the

product or providing of the service must

have a causal relationship to the

achievement of the exempt purposes

(other than through the production of

income) of the authorized organization.

(The fact that income is produced from

selling an advertised product or

providing a service does not make such

action a substantially related activity,

even if the income will be used to

accomplish the purpose or purposes of

the authorized organization.)

b. Standards established by the

Internal Revenue Service (IRS) and the

courts with respect to 26 U.S.C. 513(a)

and (c) of the Internal Revenue Code are

used to determine whether the sale or

providing of an advertised product or

service, whether sold or offered by the

organization or by another party, is

substantially related to the qualifying

purposes of an organization.

(Advertisements in third-class material

that meets the content requirements for

a periodical publication need not meet

the substantially related standard to be

mailable at the special bulk third-class

rates. See 5.4(d)(2) and 5.8.)

(1) If the advertising material is for a

product or service that is not

substantially related, it is not mailable

at the special bulk third-class rates.

(2) If an organization pays unrelated

business income tax on the profits from

the sale of a product or the providing of

a service, that activity is by IRS

definition not substantially related. The

fact that an organization does not pay

such tax, however, does not establish

that the activity is substantially related

because other criteria may exempt the

organization from payment. Thus, the

inclusion of an advertisement for a

product or service in a mailpiece may

disqualify the piece for special bulk

third-class rates, even if the mailer does

not pay unrelated business income tax

on its sale.

(3) Third-party paid advertisements

may be included in material mailed at

the special bulk third-class rates if the
22274 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

products or services advertised are

substantially related to one or more of

the purposes for which the organization

is authorized to mail at special bulk

third-class rates. However, if the

material contains one or more

advertisements that are not substantially

related, the material is not eligible for

the special rates, unless it is part of

material that meets the content

requirements described in 5.8 and is not

disqualified from using the special bulk

third-class rates under another

provision.

c. Announcements of activities, e.g.,

bake sale, car wash, charity auction,

oratorical contest, are considered

substantially related if substantially all

the work is conducted by the members

or supporters of an authorized

organization without compensation.

d. Advertisements for products and

services, including products and

services offered as prizes or premiums,

are considered substantially related if

the products and services are received

by an authorized organization as gifts or

contributions.

e. An advertisement, promotion, offer,

or subscription order form for a

periodical publication meeting the

eligibility criteria in E211 and published

by one of the types of nonprofit

organizations listed in 2.0 is mailable at

the special bulk third-class rates.

[Renumber existing 5.8 as 5.12,

renumber existing 5.9 as 5.11, and add

new 5.8 as follows:]

5.8 Periodical Publication Content

Requirements

Advertisements for products and

services in materials that meet the

content requirements for a periodical

publication are mailable at the special

bulk third-class rates. The material

mailed must meet the following

requirements:

a. Have a title. The title must be

printed on the front cover page in a style

and size of type that make it clearly

distinguishable from other information

on the front cover page.

b. Be formed of printed sheets. (It may

not be reproduced by stencil,

mimeograph, or hectograph processes.

Reproduction by any other process is

permitted.) Any style of type may be

used.

c. Contain an identification statement

on one of the first five pages of the

publication that includes the following

elements:

(1) Title.

(2) Issue date. The date may be

omitted if it is on the front cover or

cover page.

(3) Statement of frequency showing

when issues are to be published (daily;

weekly; monthly; monthly except June;

four times a year in June, August,

September, and December; annually;

irregularly, etc.).

(4) Name and address of the

authorized organization, including

street number, street name, and ZIP+4

or 5-digit ZIP Code. The street number

and street name are optional if there is

no letter carrier service.

(5) Issue number. Every issue of each

publication is numbered consecutively

in a series that may not be broken by

assigning numbers to issues omitted.

The issue number may be printed on the

front or cover page instead of in the

identification statement.

(6) International Standard Serial

Number (ISSN), if applicable.

(7) Subscription price, if applicable.

d. Consist of at least 25%

nonadvertising matter in each issue.

Advertising is defined in E211.11.0.

* * * * *

[Renumber current 5.8 and 5.9 as 5.12

and 5.11, respectively; add new 5.10 as

follows:]

5.10 Products Mailable at Special

Bulk Third-Class Rates

The following products are mailable

at special bulk third-class rates:

a. Low-cost items within the meaning

of 26 U.S.C. 513(h)(2), Internal Revenue

Code. At the beginning of each calendar

year, the value of low-cost items is

adjusted for cost of living. The standard

established on January 1, 1995,

provided that low-cost items have a cost

of not more than $6.56. The cost is the

cost to the authorized organization that

mails the item or on whose behalf the

item is mailed.

b. Items donated or contributed to the

qualified organization. Such items do

not have to meet the definition of a lowcost item as described in 5.10a.

c. A periodical publication (as defined

in E211) of a nonprofit organization

unless it is ineligible under E370.5.0 to

be mailed at the special bulk third-class

rates.

* * * * *

A transmittal letter making these

changes in the pages of the Domestic

Mail Manual will be published and will

be transmitted to subscribers

automatically. Notice of issuance will be

published in the Federal Register as

provided by 39 CFR 111.3.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–11152 Filed 5–4–95; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO–17–1–6023A; FRL–5197–7]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This document takes final

action to approve the State

Implementation Plan (SIP) submitted by

the state of Missouri for the purpose of

bringing about the attainment of the

National Ambient Air Quality Standard

(NAAQS) for lead. The SIP was

submitted by the state to satisfy certain

Federal requirements for an approvable

nonattainment area lead SIP for the Doe

Run primary lead smelter in

Herculaneum, Missouri (Doe RunHerculaneum).

DATES: This action will be effective July

5, 1995 unless by June 5, 1995 adverse

or critical comments are received.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101; and EPA Air & Radiation Docket

and Information Center, 401 M Street,

SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lisa

V. Haugen at (913) 551–7877.

SUPPLEMENTARY INFORMATION:

I. Background

On June 3, 1986, EPA issued a call for

a revision to the Missouri SIP in

response to violations of the NAAQS for

lead near the Doe Run primary lead

smelter in Herculaneum, Missouri. The

state submitted an SIP revision on

September 6, 1990, with additional

materials submitted on May 8, 1991.

After the state submitted the SIP, but

before EPA acted on the state’s

submission, EPA promulgated a

nonattainment designation for the area

in the vicinity of Doe Run-Herculaneum

under section 107(d) of the Clean Air

Act (CAA), as amended. The

designation was published on

November 6, 1991 (56 FR 56694), and

became effective on January 6, 1992.

As a result of EPA’s promulgation of

the nonattainment designation, the Part

D requirements of the CAA became

applicable to the Missouri SIP revision

for Doe Run-Herculaneum. EPA granted

limited approval for Missouri’s 1990 SIP