Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5055

criteria of novelty, inventive step (nonobviousness), and industrial 

applicability, as defined in PCT Article 

33(1) to (4) have been satisfied for all of 

the claims presented in the application 

entering the national stage:

By a small entity (§ 1.27(a)) ........ $50.00 

By other than a small entity ....... $100.00 

(2) In all situations not provided for 

in paragraph (c)(1) of this section:

By a small entity (§ 1.27(a)) ........ $100.00 

By other than a small entity ....... $200.00 

* * * * *

■ 3. Section 1.496 is amended by 

revising paragraph (b) to read as follows:

§ 1.496 Examination of international 

applications in the national stage.

* * * * *

(b) A national stage application filed 

under 35 U.S.C. 371 may have paid 

therein the examination fee as set forth 

in § 1.492(c)(1) if it contains, or is 

amended to contain, at the time of entry 

into the national stage, only claims 

which have been indicated in an 

international preliminary examination 

report prepared by the United States 

Patent and Trademark Office as 

satisfying the criteria of PCT Article 

33(1) through (4) as to novelty, 

inventive step and industrial 

applicability. Such national stage 

applications in which the examination 

fee as set forth in § 1.492(c)(1) has been 

paid may be amended subsequent to the 

date of entry into the national stage only 

to the extent necessary to eliminate 

objections as to form or to cancel 

rejected claims. Such national stage 

applications in which the examination 

fee as set forth in § 1.492(c)(1) has been 

paid will be taken up out of order.

Dated: January 24, 2005. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office.

[FR Doc. 05–1850 Filed 1–31–05; 8:45 am] 

BILLING CODE 3510–16–P

POSTAL SERVICE

39 CFR Part 111 

Repositionable Notes on Letter and 

Flat Sized Mailpieces

AGENCY: Postal Service.

ACTION: Interim rule.

SUMMARY: The Postal Service is 

implementing an experimental 

classification, Repositionable Notes 

(RPNs), as a one-year provisional service 

allowing mailers to attach a reusable 

self-adhesive message note to the 

outside envelope or paper cover of 

discount First-Class Mail, Standard 

Mail, or Periodicals rate mailpieces for 

a fee. RPNs add impact, value, and 

ultimately a greater return on 

investment for direct mailers by calling 

attention to a product or service. This 

enhanced value to direct mail will 

provide an opportunity for the Postal 

Service to drive the growth of direct 

mail.

DATES: Effective Date: This interim rule 

is effective on April 3, 2005, and expires 

on April 3, 2006.

FOR FURTHER INFORMATION CONTACT:

Donald Lagasse, 202–268–7269; 

Donald.T.Lagasse@usps.gov.

SUPPLEMENTARY INFORMATION: On 

January 11, 2005, following the 

recommended decision of the Postal 

Rate Commission issued on December 

10, 2004, the Governors of the Postal 

Service approved a provisional 

classification for repositionable notes 

(RPN). It is important to note that this 

provisional classification does not 

change any of the current rate eligibility 

standards for discount First-Class Mail 

and Standard Mail letters. 

The current standards allow mailers 

to place RPNs on First-Class Mail and 

Standard Mail letter-size mailpieces 

claimed at automation rates at no 

additional charge. This provisional 

classification applies a fee to the use of 

RPNs and expands the current standards 

to allow RPNs on all letter-size and flatsize mailpieces mailed at discount FirstClass Mail, Standard Mail, or 

Periodicals rates. 

To be eligible, RPNs attached to 

discount First-Class Mail, Standard 

Mail, or Periodicals rate pieces must 

meet the standards for RPNs in this 

interim rule. RPNs must: 

• Measure 3 inches by 3 inches, plus 

or minus 1⁄8 inch for either dimension. 

• Not contain phosphorescent or red 

fluorescent colorants. 

• Not be manually affixed. 

• Be adhered with a 3⁄4 inch (plus 3⁄4

inch or minus 1⁄16 inch) adhesive strip 

across the top portion on the reverse 

side of the note. 

• Not be placed in a manner that 

interferes with the delivery address, rate 

markings, or postage. 

• Not display a specific address or 

ZIP Code. References to general 

landmarks are permissible. 

In addition to the physical standards 

stated above, the written and graphic 

characteristics of the information 

appearing on RPNs are considered when 

determining eligibility of mailpieces 

mailed at Standard Mail and Nonprofit 

Standard Mail rates. 

In addition to the postage for the host 

piece, the rates for RPNs are as follows: 

• $0.005 (1⁄2cent) per piece for RPNs 

attached to discount First-Class Mail 

letter- or flat-size pieces. 

• $0.015 (11⁄2 cents) per piece for 

RPNs attached to Standard Mail or 

Periodicals letter- or flat-size pieces. 

Again, note that current rate eligibility 

standards for discount First-Class Mail 

and Standard Mail letter-size mailpieces 

are staying the same. 

This provisional service will be 

implemented on April 3, 2005, and 

expire on April 3, 2006. The Postal 

Service will give notice before 

expiration about whether the service 

will be allowed to expire, made 

permanent, or extended in some way. 

Accordingly, the Postal Service 

hereby adopts the following regulations 

on an interim basis. Although exempt 

from the notice and comment 

requirements of the Administrative 

Procedure Act (5 U.S.C. 410 (a)), the 

Postal Service invites comments on the 

following revisions to the Domestic Mail 

Manual, 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: 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: 

C Characteristics

* * * * *

C800 Automation-Compatible Mail

* * * * *

C810 Letters and Cards

* * * * *

7.0 REPOSITIONABLE NOTES 

[Remove C810.7 and all subsections. 

This will be moved to the G900 section 

in order to change this service to an 

experiment.]

* * * * *

G General Information

* * * * *

G000 The USPS and Mailing 

Standards

* * * * *

G040 Information Resources

* * * * *

5056 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

G043 Address List for Correspondence 

[Remove address for Product 

Management—Correspondence and 

Transactions.]

* * * * *

G900 Experimental Classification and 

Rate Filings

* * * * *

G990 Experimental Classifications and 

Rates

* * * * *

[Add new G994 to read as follows:] 

G994 Repositionable Notes 

1.0 USE 

a. Repositionable Notes (RPN) may be 

attached to letter- and flat-size discount 

First-Class Mail, Standard Mail, and 

Periodicals mailpieces. 

b. For letter-size mailpieces, a single 

RPN may be attached only to the 

address side of the mailpiece. 

c. For flat-size mailpieces, a single 

RPN may be attached to either the 

address side or non-address side of the 

mailpiece and attached in the locations 

described and shown in Exhibits 3.0a 

and 3.0b. 

d. RPNs are included as an integral 

part of the mailpiece for weight and 

postage rate computation purposes. 

e. The written and graphic 

characteristics of the notes are 

considered when determining eligibility 

of mailpieces mailed at the Standard 

Mail and Nonprofit Standard Mail rates. 

2.0 MAILPIECE CHARACTERISTICS 

Each mailpiece must: 

a. Not be in a plastic wrapper (e.g., 

polybag, polywrap, or shrinkwrap). 

b. Be letter-size (including cards) or 

flat-size. 

3.0 RPN CHARACTERISTICS 

RPNs must: 

a. Measure 3 inches by 3 inches, plus 

or minus 1⁄8 inch for either dimension. 

b. Not contain phosphorescent or red 

fluorescent colorants. 

c. Be adhered with a 3⁄4 inch (plus 1⁄4

inch or minus 1⁄16 inch) adhesive strip 

across the top portion on the reverse 

side of the note. 

d. Not be placed in a manner that 

interferes with the delivery address, rate 

markings, or postage and must not 

display a specific address or ZIP Code. 

References to general landmarks are 

permissible. 

e. Not be manually affixed. 

f. On letter-size mailpieces, be 

positioned parallel with the length of 

the piece, affixed by standard labeling 

equipment, placed no closer than 3⁄8

inch from the left edge of the delivery 

address, and be at least 1⁄2 inch (plus or 

minus 1⁄8 inch) from the bottom and left 

edges of the mailpiece. 

g. On flat-size mailpieces, be 

positioned according to Exhibit 3.0a if 

the RPN is placed on the address side 

of the flat or Exhibit 3.0b if the RPN is 

placed on the non-addressed side of the 

mailpiece.

Exhibit 3.0a Placing RPNs on Flats—

Address Side

Exhibit 3.0b Placing RPNs on Flats—

Non-address Side


ER01fe05.009</GPH>
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5057

4.0 RPNs ON AUTOMATION-RATE 

MAILPIECES 

4.1 Letter-Size Pieces 

Letter-size mailpieces with RPNS 

claiming automation rates must meet 

the standards in 1.0–3.0, C810, and the 

following additional standards: 

a. Each mailpiece must be rectangular 

and have a surface smoothness of 195 

Shefield Units or smoother. 

b. Enveloped mailpieces. Each 

mailpiece prepared in an envelope must 

be constructed from paperstock having 

a basis weight of 20 pounds or greater. 

Window envelopes must have a closed 

panel made of polystyrene or glassine. 

Each enveloped mailpiece is limited to 

the following dimensions: 

(1) For height, no less than 41⁄8 inches 

and no more than 6 inches high. 

(2) For length, no less than 8 inches 

and no more than 91⁄2 inches long. 

(3) For thickness, no less than 0.02 

inch and no more than 0.125 inch thick. 

c. Oversize cards. Each mailpiece 

prepared as an oversize card is limited 

to the following dimensions: 

(1) For height, no less than 41⁄2 inches 

and no more than 6 inches high. 

(2) For length, no less than 81⁄2 inches 

and no more than 9 inches long. 

(3) For thickness, no less than 0.009 

inch thick (cards 53⁄4 inches or more in 

height must be no less than 0.012 inch 

thick.) 

4.2 Flat-Size Pieces 

Flat-size mailpieces with RPNs 

claiming automation rates must meet 

the standards in 1.0–3.0 and C820: 

5.0 RATES 

Discount First-Class Mail—$0.005 

Standard Mail and Periodicals—

$0.015 

6.0 COMPLIANCE 

Mailers must comply as follows: 

a. Repositionable notes must be 

obtained from an approved 

repositionable notes vendor (see 

www.usps.com for a listing of approved 

vendors). Prospective vendors can 

obtain USPS standards and test 

procedures from USPS Engineering (see 

G043 for address). Testing must be 

performed by a certified independent 

laboratory. 

b. Mailers must present evidence at 

the time of mailing to show that their 

repositionable notes have been supplied 

by an approved vendor. The vendor 

name on the reverse of the note will be 

sufficient as evidence; in lieu of the 

vendor name printed on the notes, an 

invoice from the approved vendor for 

purchase of the repositionable notes 

will constitute such evidence. 

c. Each mailing must include, as part 

of the mailing, two pieces addressed to 

the manager, USPS Engineering Letter 

Tech (Attn: RPN Sample), and two 

pieces addressed to the Manager, 

Pricing and Classification Service 

Center (Attn: RPN Sample). See G043 

for addresses.

* * * * *

An appropriate amendment to 39 CFR 

part 111 will be published to reflect 

these changes.

Neva Watson, 

Attorney, Legislative.

[FR Doc. 05–1699 Filed 1–31–05; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; State of New Jersey

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 81 to 85, revised as of 

July 1, 2004, in § 81.331, on page 274, 

in the table for New Jersey—Carbon 

Monoxide, the entry for the New YorkN. New Jersey-Long Island Area is 

revised to read as follows:

§ 81.331 New Jersey.

* * * * *


ER01FE05.010</GPH>