[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22270-22274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11152]



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POSTAL SERVICE

39 CFR Part 111


Special Bulk Third-Class Eligibility Restrictions

AGENCY: Postal Service.

ACTION: Final rule.

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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 third-class 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 low-cost 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 [[Page 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 third-class 
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 second-class periodicals, and frequency statements are in 
the identification statements. However, unlike second-class 
publications, publications eligible for mailing at the special bulk 
third-class 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 
[[Page 22272]] 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 pseudo-
periodical publication category in third-class.'' 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 third-class postal rates to compete unfairly with 
for-profit organizations. This comment generally appears to be opposed 
to the use of special bulk third-class rates for advertising matter and 
asserts that authorized organizations' mailings should be restricted to 
nonadvertising and non-income-generating 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-income-generating endeavors goes beyond the 
scope of the statutes and the authority of the Postal Service. The 
kinds of organizations that may mail at the [[Page 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 
[[Page 22274]] 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 low-cost 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