[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Rules and Regulations]
[Pages 32086-32088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11522]


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POSTAL SERVICE

39 CFR Part 111


Nonsubscriber Cap for In-County Periodicals

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

ACTION: Final rule.

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SUMMARY: On April 6, 2022, the Postal Service Reform Act of 2022 was 
signed into law. Section 204 of that Act raised the annual cap on the 
number of copies that a Periodicals publisher can send to 
nonsubscribers at In-County rates from 10 percent of the number of 
copies sent to subscribers at In-County rates to 50 percent. This final 
rule contains revisions to Mailing Standards of the

[[Page 32087]]

United States Postal Service, Domestic Mail Manual (DMM[supreg]), to 
implement the change.

DATES: Effective May 27, 2022.

FOR FURTHER INFORMATION CONTACT: Doriane Harley at (202) 268-2537, 
Jacqueline Erwin at (202) 268-2158 or Dale Kennedy at (202) 268-6592.

SUPPLEMENTARY INFORMATION: Section 204 of the Postal Service Reform Act 
raised the annual cap on the number of copies that a Periodicals 
publisher can send to non-subscribers at In-County rates from 10 
percent of the number of copies sent to subscribers at In-County rates 
to 50 percent. Section 204, however, left unchanged the existing 10 
percent cap on non-subscriber copies sent at Outside-County rates and 
on non-subscriber copies sent at Preferred Outside-County rates (e.g., 
rates for authorized nonprofit, classroom, limited circulation 
publications, etc.). The Postal Service is amending DMM section 207.7 
accordingly.
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    The Postal Service adopts the following changes to Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM), incorporated by reference in the Code of Federal Regulations. 
See 39 CFR 111.1.
    Accordingly, 39 CFR part 111 is amended as follows:

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority:  5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.


0
2. Revise the Mailing Standards of the United States Postal Service, 
Domestic Mail Manual (DMM) as follows:

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

200 Commercial Mail

* * * * *

207 Periodicals

* * * * *

7.0 Mailing to Nonsubscribers or Nonrequesters

* * * * *

7.6 Expired Subscription

    [Revise the second sentence in 7.6 to read as follows:]
    * * * These copies are not considered subscriber copies for 
determining eligibility for Periodicals mailing privileges, the base 
for computing the nonsubscriber limits under 7.9.1 to 7.9.3, or whether 
an issue is a bona fide issue under 8.0.
* * * * *

7.9 Nonrequester and Nonsubscriber Copies

    [Revise 7.9.1 through 7.9.3 to read as follows:]

7.9.1 Outside County Prices

    For authorized Periodicals subscriber and requester publications, 
up to 10% of the total number of copies mailed to subscribers or 
requesters during the calendar year may be mailed to nonsubscribers or 
nonrequesters at the Outside-County Periodicals prices, provided that 
those copies would be eligible for Outside-County prices if mailed to 
subscribers or requesters, and if the copies are presorted under 
applicable standards. Nonsubscriber or nonrequester copies within the 
10% limit do not need to be commingled in a mailing with subscriber or 
requester copies to be eligible for Outside-County prices. 
Nonsubscriber or nonrequester copies over the 10% limit are eligible 
for Outside County prices when commingled and presorted with subscriber 
or requester copies but otherwise pay appropriate non-Periodicals 
prices.

7.9.2 Preferred Prices

    For Nonprofit, Classroom, Science-of-Agriculture, Limited 
Circulation, and Limited Circulation Science-of-Agriculture 
publications, nonsubscriber (for Periodicals except requester 
publications) or nonrequester (for requester publications) copies up to 
10% of the total number of copies mailed to subscribers or requesters 
during the calendar year may be mailed at the applicable Preferred 
prices or Preferred price discount, provided that the nonsubscriber or 
nonrequester copies would qualify as Preferred price or Preferred price 
discount publications if mailed to subscribers or requesters and if the 
copies are presorted under applicable standards. Nonsubscriber or 
nonrequester copies mailed over the 10% limit are not eligible for 
Preferred prices or the Preferred price discount. To qualify for 
regular Outside County prices, the nonsubscriber or nonrequester copies 
over the 10% limit must be part of a presorted, commingled mailing (one 
that includes subscriber or requester copies). These copies otherwise 
pay appropriate non-Periodicals prices.

7.9.3 In-County Prices

    Subject to 11.3, nonsubscriber or nonrequester copies may be mailed 
at In-County prices up to a 50% limit of the total number of subscriber 
or requester copies of the publication mailed at In-County prices 
during the calendar year. Once the 50% calendar year limit is exceeded, 
the nonsubscriber or nonrequester copies may not be mailed at In-County 
prices.
* * * * *
    [Revise 7.9.5 to read as follows:]

7.9.5 Mixed Preferred and Regular Outside-County Prices

    Once the total number of nonsubscriber or nonrequester copies 
mailed during the calendar year exceeds the applicable calendar year 
limit under 7.9.1 or 7.9.2, further mailings of nonsubscriber or 
nonrequester copies are not eligible for the relevant Preferred price. 
Nonsubscriber or nonrequester copies over the 10% allowance under 7.9.1 
or 7.9.2 must be part of a presorted commingled mailing (i.e., 
including subscriber or requester copies) to qualify for Outside-County 
prices.
* * * * *
    [Remove 7.9.6; renumber 7.9.7 and 7.9.8 as 7.9.6 and 7.9.7, 
respectively; and revise 7.9.6 and 7.9.7 (as renumbered) to read as 
follows:]

7.9.6 Excess Noncommingled Mailing

    A mailing is not eligible for Periodicals prices if it consists 
entirely of nonsubscriber or nonrequester copies over the applicable 
limit under 7.9.1 through 7.9.3. These copies are subject to 
appropriate non-Periodicals prices.

7.9.7 Mixed Mailing

    If all copies in a mailing are to nonsubscribers or nonrequesters 
and some copies are within the applicable limit under 7.9.1 through 
7.9.3 while the rest are over that limit, the excess copies are not 
eligible for Periodicals prices. The excess copies are subject to 
appropriate non-Periodicals prices.
* * * * *

11.0 Basic Eligibility

* * * * *

11.3 In-County Prices

* * * * *

11.3.2 Exceptional Conditions

* * * * *
    [Revise the text of 11.3.2c to read as follows:]

[[Page 32088]]

    c. A Periodicals publication having original entry at an 
incorporated city situated entirely within a county or contiguous to 
one or more counties in the same state, but politically independent of 
such county or counties, is considered within a part of the county with 
which it is principally contiguous. Copies (except commingled 
nonsubscriber copies above 50% under 7.9.3) mailed into that county are 
charged at In-County prices. Where more than one county is involved, 
the publisher selects the principal county and notifies the Postmaster.
* * * * *

11.3.3 Nonsubscriber or Nonrequester Copies

    [Revise the text of 11.3.3 to read as follows:]
    During a calendar year, the total number of nonsubscriber or 
nonrequester copies mailed at In-County prices may not exceed 50% of 
the number of subscriber or requester copies mailed at In-County 
prices, as under 7.9.3.
* * * * *

Sarah E. Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2022-11522 Filed 5-25-22; 11:15 am]
BILLING CODE 7710-12-P