66142 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

income tax withholding from wages),

the return which is required to be made

under § 31.6051–2 must be filed on or

before the last day of the second

calendar month following the period for

which the final return is filed. The

requirements set forth in this paragraph

(a)(3)(ii) do not apply to employers with

respect to employees whose wages are

for domestic service in the private home

of the employer. See § 31.6011(a)–

1(a)(3).

(B) Effective date. This paragraph

(a)(3)(ii) is effective January 1, 1997.

* * * * *

Par. 5. Section 31.6081(a)–1(a)(3) is

revised to read as follows:

§ 31.6081(a)–1 Extensions of time for filing

returns and other documents.

(a) * * *

(3) Information returns of employers

on Forms W–2 and W–3—(i) In general.

The Director, Martinsburg Computing

Center, may grant an extension of time

in which to file the Social Security

Administration copy of Forms W–2 and

the accompanying transmittal form

which constitutes an information return

under paragraph § 31.6051–2(a). The

request must contain a concise

statement of the reasons for requesting

the extension. The request must be

mailed or delivered on or before the

date on which the employer is required

to file the Form W–2 with the Social

Security Administration.

(ii) Automatic Extension of Time. The

Commissioner may, in appropriate

cases, publish procedures for automatic

extensions of time to file Forms W–2

where the employer is required to file

the Form W–2 on an expedited basis.

* * * * *

PART 301—PROCEDURE AND

ADMINISTRATION

Par. 6. The authority citation for part

301 continues to read in part as follows:

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

Par. 7. Section 301.6011–2(c)(4)(i) is

revised to read as follows:

§ 301.6011–2 Required use of magnetic

media.

* * * * *

(c) * * *

(4) Waiver. (i) The Commissioner may

waive the requirements of this section if

hardship is shown in a request for

waiver filed in accordance with this

paragraph (c)(4)(i). The principal factor

in determining hardship will be the

amount, if any, by which the cost of

filing the information returns in

accordance with this section exceeds

the cost of filing the returns on other

media. Notwithstanding the forgoing, if

an employer is required to make a final

return on Form 941, or a variation

thereof, and expedited filing of Forms

W–2 is required, the unavailability of

specifications for magnetic media filing

will be treated as creating a hardship.

See § 31.6071(a)–1(a)(3)(ii). A request

for waiver should be filed at least 45

days before the due date of the

information return in order for the

Service to have adequate time to

respond to the request for waiver. The

waiver will specify the type of

information return and the period to

which it applies and will be subject to

such terms and conditions regarding the

method of reporting as may be

prescribed by the Commissioner.

* * * * *

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: December 12, 1995.

Leslie Samuels,

Assistant Secretary of the Treasury.

[FR Doc. 95–30685 Filed 12–20–95; 8:45 am]

BILLING CODE 4830–01–U

POSTAL SERVICE

39 CFR Part 111

Revisions to Standards for

Palletization

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: On July 31, 1995, the Postal

Service published a proposed rule for

public comment in the Federal Register

(60 FR 39080–39088) to revise current

makeup standards in the Domestic Mail

Manual (DMM) for second-, third-, and

fourth-class mail prepared on pallets.

The final rule adopts proposed changes

that pertain only to the physical

characteristics of pallet loads (such as

minimum/maximum height and weight

limits and provisions for triplestacking). These changes will not be

affected by the Postal Service’s

classification reform proposal currently

under consideration before the Postal

Rate Commission (Docket No. MC95–1).

The Postal Service has decided not to

adopt, at this time, those elements of the

proposed rule that would be affected by

implementation of classification reform

to avoid burdening software developers

and mailers with the need to make

changes that will be supplanted shortly

after their implementation. Instead, the

standards for levels of pallet sortation

and preparation, along with other

related issues, will be addressed with

the standards that the Postal Service

proposes to implement with the

pending classification reform filing. The

Postal Service expects to publish a

proposed rule on classification reform

for public comment in December 1995.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Cheryl Beller, (202) 268–5166.

SUPPLEMENTARY INFORMATION: The July

31 proposed rule discussed in detail the

efforts by the Postal Service to establish

certain basic preparation standards that

mailers must meet to ensure that pallets,

and the mail placed on them, maintain

their integrity throughout transportation

and postal processing and allow safe

handling by postal employees. At the

same time, these standards allow

mailers flexibility to prepare pallets by

using recognized industry practices

based on their specific production and

service needs.

The 30-day comment period ended on

August 30, 1995, and 16 written

comments were received from

publishers, mailer associations, printers

and mailers, transportation companies,

and presort software developers. After

thorough consideration of these

comments, the Postal Service is

publishing its final rule. This final rule

removes sections in DMM MO42

through MO48 relating to pallet size and

revises and consolidates them into

MO41 under one section on general

pallet standards. The final rule also

revises standards related to stacking and

top-capping pallets and to identifying

and notifying nonconforming mailers

whose preparation methods result in

pallets that fail to meet basic pallet

integrity and safety standards. The final

rule also establishes standards for

palletizing trays of letter-size mail.

DMM E333 and E416 are also revised to

clarify the availability of third-class

carrier route rates and special fourthclass level A and B rates for mail on

pallets; these revisions also stipulate

that the Postal Service will not unload

containerized drop shipment loads that

have not maintained their integrity in

transit or that arrive in an unsafe

manner. DMM MO33 is revised to

require all trays on BMC, ASF, SDC, and

mixed BMC pallets to be both sleeved

and strapped to facilitate processing on

sack and parcel sorters.

The revised DMM standards are set

forth after the discussion of comments

to the proposed rule. Many commenters

commended the Postal Service for

listening to its customers in developing

standards that were fair and in accord

with industry practices. Such comments

are not summarized below.
Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66143

Discussion of Comments

I. Maximum Height

A. Single and Stacked Pallets

Eight commenters opposed various

parts of the proposal related to the

maximum heights for a single pallet and

for stacked pallets. Six commenters

opposed limiting the height of a single

pallet of sacks, parcels, or packages to

77 inches (or letter mail in trays to 12

layers) and asked why the Postal Service

proposed a different maximum height

for stacked pallets of 84 inches. They

expressed concern over the possible loss

of trailer cube capacity that might result

from the 77-inch limit for drop

shipments. Two commenters indicated

that because different characteristics of

products on pallets affect the stability of

a load, the rule should be amended to

allow for taller loads based on specific

product characteristics; one commenter

suggested that the weight limit of 2,200

pounds per pallet or stack of pallets be

used as the controlling maximum rather

than the total height of pallet loads.

The maximum height of 77 inches for

a single pallet is derived from the

general acceptance throughout the

Postal Service of the Postal-PAK and

pallet (with a height of 75 inches), plus

allowance for packing material. Pallet

loads exceeding a 77-inch height are a

problem when loaded onto and

unloaded from many smaller trucks and

vehicles used to transport mail between

postal facilities and when handled

within many smaller postal facilities.

The type of transportation used to move

pallet loads and the facilities through

which they are processed vary,

depending on the level of pallet

sortation and the office of entry. Low

dock-door heights and limited ceiling

heights within some facilities, as well as

low door and internal heights of many

Postal Service trailers and vehicles,

were factors in establishing this

maximum height. By establishing a

maximum height of 77 inches for all

single pallets, the Postal Service is

promoting consistency in preparation

standards while ensuring that postal

employees can handle pallets safely and

efficiently on all transportation and at

all facilities, regardless of office of entry

or level of sortation. The higher

maximum of 84 inches for stacked

pallets allows mailers to take advantage

of trailer cube capacity for lighter

weight pallets and allows the Postal

Service to unstack the pallets where

necessary to ensure compatibility with

Postal Service equipment,

transportation, or facilities. The

maximum heights of 77 inches for a

single pallet and 84 inches for stacked

pallets are adopted in the final rule.

The Postal Service has also

determined to limit the number of layers

of trays of letter mail to 12, which is

equivalent to the maximum height of 77

inches for a single pallet. Mailers will

need to monitor their loads carefully to

ensure that fuller trays are placed on the

bottom and interspersed nearer the top

to avoid crushing. As the height and

weight of the pallet load increase, so

does the likelihood of the lower trays

being crushed and causing the entire

load to collapse, particularly if the trays

are older cardboard managed mail (MM)

trays. If a mailing consists of many lessthan-full trays, mailers should consider

building loads containing less than the

maximum number of layers.

B. Pallet Boxes

A maximum height of 84 inches was

proposed for a single pallet box on a

pallet, with a possible 60-inch

maximum height restriction at some

non-BMC facilities. Two commenters

suggested that the Postal Service

publish a listing of facilities that cannot

handle the taller pallet boxes so that

software developers can build varying

height restrictions into their sortation

programs. Ideally, the commenters

preferred that all postal facilities be

modified to handle pallet boxes that are

84 inches tall (pallet, box, and mail).

The Postal Service was in error when it

proposed a maximum height of 84

inches for any pallet box because the

pallet unloaders being deployed by the

Postal Service in bulk mail centers

(BMCs) and many processing and

distribution centers (P&DCs) can

accommodate only pallets with pallet

boxes that do not exceed a total height

of 77 inches. The Postal Service must

cut taller boxes or otherwise alter them

to remove the contents manually,

resulting in slower service for

customers, additional handlings, and

inefficient use of newly deployed

mechanized equipment. Accordingly,

the Postal Service has determined to

adopt a 77-inch maximum, which is

also consistent with the height of the

Postal-PAK and pallet. Because the

Postal Service proposed a maximum

height of 84 inches and some mailers

might have a stock of pallet boxes

designed to meet the proposed

maximum, the mandatory compliance

date will be July 1, 1996, to allow

mailers to deplete current stocks of

these taller boxes.

II. Pallet Boxes

A. Providing Boxes

One commenter stated that the Postal

Service should provide a pallet box ‘‘for

sack mail shippers that would conform

to the specifics outlined in the

revisions’’ to facilitate uniformity and

unloading at BMCs. The Postal Service

has no plans to purchase additional

equipment to provide to sack mailers.

The Postal Service is purchasing

additional trays and pallets, however, to

meet customer demand in preparation

for implementation of classification

reform.

B. Securing Pallet Boxes

One commenter requested that the

proposed requirement that mailers

secure boxes to the pallet be optional

and indicated that mailers had been

entering unsecured boxes on pallets for

many years, without any negative

comment from the Postal Service. The

proposed standard is modified in the

final rule to require securing a pallet

box to the pallet only if the pallet

requires transportation by the Postal

Service to move it from the entry office

to another postal facility for distribution

of the contents and the weight of the

mail in the box is insufficient to hold

the box in place on the pallet during

transportation and processing. This

modification is consistent with how the

Postal Service prepares and processes

mail in its own Postal-PAKs on pallets

and ensures that pallets can be loaded

and transported safely on Postal Service

vehicles and processed as a single unit

to the point where the contents are

distributed.

C. Construction of Pallet Boxes

No comments were received on the

proposal to allow mailers to use pallet

boxes constructed of single-, double-, or

triple-wall corrugated fiberboard.

Single-wall corrugated fiberboard may

be used only for light loads (such as

lightweight parcels) that do not require

transportation beyond the entry office.

The Postal Service will monitor

mailings presented in pallet boxes to

ensure that the box construction

maintains its integrity to the point of

distribution of the contents.

III. Pallet Load Integrity

Failure of pallets to meet basic DMM

standards negates efforts to ensure safe

and efficient handling of palletized

loads. Accordingly, all pallets presented

to the Postal Service for acceptance,

whether the pallets are provided by the

Postal Service or the mailer, must meet

the basic standards in the DMM

pertaining to pallet labels, physical
66144 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

pallet dimensions, pallet load integrity,

stacking, and minimum/maximum loads

and heights. The Postal Service will

consider individual shipments that are

presented for acceptance under the

plant-verified drop shipment (PVDS)

program at a destination entry postal

facility to be bedloaded if the load

integrity of the pallets or the safety of

postal employees is compromised. Such

loads might require driver unloading or

may be refused by the destination

facility. If a shipment is refused, the

mailer or mailer’s agent who is

presenting the mail for acceptance at the

destination entry facility has the option

to rework the mail off-site to match its

original preparation as verified, then

resubmit it with the appropriate

documentation when the entry facility

can reschedule the shipment.

The Postal Service will monitor load

integrity of customers’ pallets at mailers

plants when mail is verified by on-site

postal personnel and at postal facilities

where mailings are entered, whether at

business mail entry units under local

verification and acceptance or a

destination entry facilities where

mailings are drop shipped under

programs such as PVDS. The Postal

Service may initially notify the

transportation company presenting mail

to the Postal Service for acceptance or

the mail preparer, or both, when pallet

load integrity problems are identified.

The failure of pallet loads to maintain

their integrity might be caused by poor

preparation methods of the mailer (for

example, the load exceeds maximum

weight or height limits or the load is not

secured to the pallet) or the improper

loading and security of pallets onto the

transportation used to move pallet loads

to postal facilities for acceptance (for

example, pallets are not secured with

shoring equipment in vehicles to

prevent pallets from toppling in transit,

or heavier pallets are stacked onto

lighter pallets and crush the mail on the

bottom).

After a mailer is notified of recurring

pallet load integrity problems and

allowed to make changes to improve

load integrity, if the mailer’s methods

still do not work, the mailer will be

considered nonconforming and required

to meet the specifications developed by

Postal Service Engineering for securing

pallets, pallet box construction and

dimensions, stacking of pallets,

maximum height/layers of trays, and

use of top caps. These specifications are

included in the DMM language at the

end of this discussion of comments.

Mailers whose pallets continue to fail to

meet minimum load integrity levels will

be suspended from the pallet program.

Three comments were received from

two commenters concerning load

integrity. One commenter wanted to

know how damaged loads will be

handled, who will be notified, whether

the mailer/agent will be allowed to

rework the mail, and how presentation

of damaged loads will affect drop

shipment appointments. This

commenter also noted that ‘‘in our

business, it is common to refuse loads

that have not maintained their integrity.

At that point, it is the shipper’s or

carrier’s responsibility to see that the

load is taken to an alternative site for

reworking.’’ This same commenter

wanted clarification about who will

determine whether pallets are properly

prepared to meet load integrity

standards, at what point a mailer will be

considered nonconforming, and

whether the mailer will have an option

to pay a penalty or fine at destination

to have nonconforming pallets accepted

for time-sensitive mailings. The

commenter also expressed concern

about possible inconsistencies in the

determinations by different facilities

about whether a pallet load meets the

load integrity standards. The second

commenter wanted feedback from the

Postal Service about pallet load integrity

problems, starting with the mail

preparer and proceeding to the owner.

The Postal Service will initially contact

the mailer or mailer agent (such as a

transportation company) when load

integrity problems are identified.

Training materials will be distributed

to postal facilities that accept pallets

from mailers to ensure consistent

understanding and application of pallet

load integrity guidelines and the

procedures that apply when problems

are identified. The Drop Shipment

Appointment System (DSAS) will be

used, where possible, to identify and

track the mailers or their agents

presenting problem pallet loads. The

DSAS will also help to establish contact

to ensure that corrective actions are

taken to improve future load integrity.

The Postal Service will also work with

mailers to ensure that corrective actions

are taken to prevent recurrence of

problems and to provide training and

other necessary tools that will

communicate the responsibilities of all

mailers or their agents who create or

handle mail on pallets.

Over the next few months, the Postal

Service will formulate clear, objective

criteria to identify pallet load integrity

problems and to establish consistent

feedback mechanisms for notifying

mailers or their agents when problems

are identified. Until those details are

developed, load integrity will be

monitored at origin and destination

postal facilities as it is today, feedback

will be provided to mailers, and mailers

will be allowed to improve preparation

methods for identified problems.

However, during that interim, mailers

will not be determined as

nonconforming or suspended from the

pallet program. Accordingly, the rules

relating to nonconforming mailers and

suspension will not take effect until July

1, 1996.

IV. Sleeving and Strapping of Trays

No comments were received about the

proposal to require mailers to sleeve and

strap trays of letter mail placed onto

BMC, ASF, SDC, and mixed BMC

pallets; the proposed standards are

adopted in the final rule. These

standards provide an incentive to

prepare pallets to finer levels of

sortation, allowing for greater crossdock opportunities at the BMCs and

significant relief for BMC operations

heavily affected by unstrapped trays. In

addition, this rule adopts the proposal

to extend the current requirement to

sleeve all trays that contain letter-size

automation rate mail and that may be

processed at a BMC/ASF or AMF/AMC

(that is, mail that does not originate and

destinate in the delivery area of the

same SCF) to include trays containing

nonautomation rate letter-size mail.

V. Maximum Pallet Load

One commenter requested

clarification of how the proposed 2,200-

pound maximum for pallets applies to

stacked pallets. The proposal to set

2,200 pounds as the maximum weight

for any single pallet and as the

maximum total weight for stacked

pallets presented to the Postal Service is

adopted in the final rule. When the

weight of a single pallet or a stack of

pallets is calculated, the weight of the

mail and any tare placed on the bottom

pallet are included in the calculation.

The proposed maximum load for trays

on pallets of 12 layers, not to exceed

2,200 pounds, is also adopted in the

final rule.

VI. Minimum Pallet Load

For packages, parcels, and sacks on

pallets, the final rule requires mailers

who prepare mail on pallets to prepare

a required level of pallet sortation when

there are 500 pounds of mail for that

destination (for example, for a 5-digit

ZIP Code or an SCF). At their option,

mailers may prepare pallets for any

required or optional level of sortation

when they prepare at least 250 pounds

of mail for a destination.

Palletization of trays of letter-size

mail is based on the number of layers.

Mailers may prepare a pallet when they
Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66145

have from three to five layers of 1- or 2-

foot managed mail (MM) or extended

managed mail (EMM) trays. Preparation

of pallets to required levels of sortation

is mandatory with six layers of trays to

that destination (for example, SCF

pallets).

For improved service, the processing

and distribution manager of the facility

where a mailing is entered may issue a

written authorization to the mailer,

allowing preparation of 5-digit or 3-digit

pallets containing less than the

minimum volume (250 pounds of

packages, parcels, or sacks or three

layers of trays) if the mail on those

pallets destinates in the service area of

that facility.

At the mailer’s option, the minimum

volume used to determine when a pallet

is prepared may vary within a mailing,

provided that pallets are prepared to

required levels of sortation when there

are at least 500 pounds or six layers of

mail to the destination.

Mailers are reminded that under the

Postal Service’s Guidelines for the

Plant-Verified Drop Shipment (PVDS)

Program, the driver must unload mail

entered at delivery units. In some

instances, the driver must break down

palletized loads because of the physical

limitations of a delivery unit (for

example, a small or congested office that

cannot accommodate large or stacked

pallets).

VII. Stacking Pallets

A. Double- and Triple—Stacking

Several commenters responded

favorably to the proposal to allow a

mailer to double- or triple-stack pallets

up to the maximum allowable height

and weight (84 inches/2,200 pounds

total for the stacked pallets); this

proposal is adopted in the final rule.

Such pallets must be presented for

acceptance at the mailer’s plant or a

postal facility in a manner that ensures

safe and efficient unloading, handling,

and transporting. Triple-stacking allows

a mailer to make better use of

transportation for drop shipments when

low-weight pallets are prepared.

When stacking pallets, the mailer

must place the heaviest pallet on the

bottom and the lightest pallet on the top

to prevent crushing or other damage to

mail on the bottom. If part of the load

is crushed, the entire load is likely to

collapse.

B. Securing Stacked Pallets Together

The proposed rule required that all

stacked pallets be secured together with

at least two straps at least 1⁄2 inch wide.

Several commenters were opposed to

this requirement. Two commenters

stated that they stretchwrap stacked

pallets together and that the stacked

loads maintain their integrity

throughout transportation and

processing. These commenters indicated

that stretchwrapping stacked pallets is

consistent with the stretchwrapping

operation in their plants for single

pallets and that a requirement to strap

or band stacked pallets would add an

unnecessary cost to their operations.

The Postal Service proposed that

mailers be required to secure stacked

pallets with banding or strapping

because this material is easier to remove

than stretchwrap. Only one cut per band

is required on no more than two sides

of a banded pallet, whereas a

stretchwrapped pallet must be cut

around all four sides of the stacked

pallets to separate the pallets and to

insert a forklift or pallet jack. If pallets

are triple-stacked, the stretchwrap must

be cut on all four sides (two times

between the bottom and middle pallets

and between the middle and top

pallets). Not only is this method timeconsuming, it can be difficult to move

around a tall pallet load in a full vehicle

in order to cut the stretchwrap and

remove the top pallet(s). The

requirement to strap stacked pallets

together is adopted in the final rule. The

mandatory compliance date is July 1,

1996, to allow mailers who currently

use other means of securing stacked

pallets together to change their

preparation methods.

C. Use of Top Caps

Three commenters raised issues about

top caps. Under the proposed rule,

mailers would have been required to

top-cap the lower pallets when pallets

were stacked. Top caps have been found

to be one of the key elements in

ensuring the stability of stacked pallets.

However, as one commenter noted, the

characteristics of certain mail can

provide a flat, stable, and protective

surface on which to place a pallet (for

example, cartons of books placed on a

pallet), making top caps unnecessary.

The Postal Service agrees. Therefore, the

final rule is modified to make top caps

optional on stacked pallets when the top

surface of the pallet load provides a

sturdy, flat surface parallel to the pallet

base, that allows for safe and efficient

stacking and for preventing damage to

mail or crushing of the load from pallets

placed on top. The Postal Service will

monitor the preparation of all stacked

pallets, particularly those that are triplestacked, to ensure that the pallets can be

handled safely and without damage to

the mail.

One commenter asked whether the

Postal Service will provide top caps.

Although the Postal Service does have

a limited supply of top caps, it has no

plans, at this time, to provide them to

mailers on a general basis. By limiting

the circumstances under which top caps

are required, the Postal Service expects

mailers to continue providing their own

top caps to ensure the integrity of

stacked mail loads.

Two commenters indicated that topcapping pallets can create problems for

consolidators who combine pallets and

move them closer to destinating postal

facilities. Because consolidators are not

manufacturing plants, they do not have

scrap material to sue for top-capping

stacked pallets. Mailers who prepare

lightweight pallets that are likely to be

stacked by consolidators for drop

shipment must work out arrangements

with their transportation agents about

whose responsibility it is to top-cap

those pallets. Regardless of the

arrangements, stacked pallets must be

top-capped when required to maintain

load integrity.

D. Top Cap Construction

Mailers may determine the best

material for ensuring pallet integrity and

may use manufacturing materials that

come into their plants as top-capping

material. Mailers must not use flimsy

paper obtained from the ends of paper

rolls or similar material for top caps

because this material, used alone, can

cause stack failure.

VIII. Securing Single Pallet Loads

Depending on the characteristics of a

mail load, strapping might not be the

most effective method of ensuring load

integrity of a single pallet throughout

transportation and mail handling. Loads

can compress during storage in a

mailer’s plant or while in transit,

causing strapping to become loose. In

those instances, stretchwrap can be

more effective in securing loads on a

single pallet. Therefore, in the final rule,

the proposal allowing mailers to choose

the most appropriate method of securing

a single pallet load is adopted.

Acceptable methods include strapping

or wrapping with stretchable or

shrinkable plastic wrap.

IX. Pallet Sortation Levels

This final rule does not adopt any of

the proposed changes related to levels of

pallet sortation, including the proposed

allowance for working pallets or the

elimination of the ‘‘courtesy pallet,’’ by

requiring that all mailings placed onto

any pallet be sorted to the finest level

of presort. Modified proposed standards

will be included in the Federal Register

notice containing proposed DMM
66146 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

language to implement the pending

classification reform filing.

The following revisions are made 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

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, 3001–3201–3219, 3403–3406,

3621, 3626, 5001.

2. Revise the following sections of the

Domestic Mail Manual as set forth

below:

E Eligibility

* * * * *

E300 Third-Class Mail

* * * * *

E333 Carrier Route Presort

* * * * *

3.0 PRESORT

3.1 Qualifying Mail

* * * * *

[Add the following at the end of the

current section:]

c. Correctly presorted carrier route

packages that meet the package

preparation standards in M043 and are

sorted to the appropriate pallet level.

* * * * *

E350 Destination Entry Discounts

* * * * *

3.0 DEPOSIT

* * * * *

3.8 Unloading Vehicles

The mailer is responsible for the

unloading of vehicles, subject to these

conditions:

[Add new 3.8a and redesignate

current 3.8a through 3.8c as 3.8b

through 3.8d, respectively. Amend

redesignated 3.8b.]

a. Postal employees unload palletized

and containerized loads at MBMCs/

FSFs/SCFs, except that the USPS does

not unload or permit the mailer (or

mailer agent) to unload palletized or

containerized loads that are unstable or

severely leaning or that have otherwise

not maintained their integrity in transit.

b. [Remove the second sentence.]

* * * * *

E400 Fourth-Class Mail

* * * * *

E416 Special Fourth-Class Rates

* * * * *

2.0 SPECIAL FOURTH-CLASS

PRESORT

* * * * *

2.6 Level A

[Revise the introductory text as follows:]

To qualify for the special fourth-class

presort level A rate, a piece must be in

a mailing of at least 500 pieces receiving

identical service, properly prepared and

presorted under M404 in full 5-digit

sacks or under M044 on 5-digit pallets.

These conditions also apply:

* * * * *

2.7 Level B

[Revise the introductory text as follows:]

To qualify for the special fourth-class

presort level B rate, a piece must be in

a mailing of at least 500 pieces receiving

identical service, properly prepared and

presorted under M404 in full or

substantially full bulk mail center

(BMC) sacks or under M044 on

destination BMC pallets. These

conditions also apply:

* * * * *

E450 Destination BMC/ASF Discount

* * * * *

3.0 DEPOSIT

* * * * *

3.8 Unloading Vehicles

* * * * *

a. [Revise the second sentence as

follows:]

* * * The USPS does not unload or

permit the mailer (or mailer agent) to

unload palletized or containerized loads

that are unstable or severely leaning or

that have otherwise not maintained

their integrity in transit.

* * * * *

M Mail Preparation and Sortation

M000 General Preparation Standards

* * * * *

M030 Container Preparation

* * * * *

M033 Sacks and Trays

1.0 BASIC STANDARDS

* * * * *

[Add new 1.4 and 1.5 as follows:]

1.4 Sleeving and Strapping of Trays

Except under 1.5, each letter mail tray

must be sleeved. All nonpalletized trays

of letter mail that are transported from

the mailer’s plant to a BMC/ASF or

AMF/AMC on USPS or mailer

transportation and all trays placed on

BMC/SDC or mixed BMC/SDC pallets

must also be secured with a plastic strap

placed tightly around the length of the

tray. The strap must not crush the tray

or sleeve. Strapping is not required on

trays placed on pallets prepared to finer

levels of sortation.

1.5 Sleeving Exception

When all pieces in a mailing originate

and destinate in the delivery area of the

same SCF and the trays containing those

pieces are not to be processed at a BMC

or an AMF, the processing and

distribution manager may (on request)

issue a written authorization to the

mailer to submit the mailing in trays

without sleeves.

* * * * *

3.0 BASIC STANDARDS FOR

TRAYS—AUTOMATION RATES

* * * * *

[Remove current 3.6 and 3.7.]

M040 Palletization

M041 General Pallet Standards

[Revise 1.0 through 3.0 as follows:]

1.0 PHYSICAL CHARACTERISTICS

1.1 Standards

All pallets presented to the USPS,

whether USPS- or mailer-provided,

must meet the standards in 1.2 through

1.4. Mail on such pallets must meet the

standards applicable to the class and

rate claimed.

1.2 Construction

Pallets must be made of high-quality

material that can hold loads equal to a

gross weight of 2,200 pounds. Pallets

must measure 48 by 40 inches and allow

for four-way entry by fork trucks and

two-way entry by pallet jacks.

1.3 Securing

Except for pallet boxes under 4.3,

loaded pallets of mail must be wrapped

with stretchable or shrinkable plastic

strong enough to retain the integrity of

the pallets during transportation and

handling.

1.4 Nonconforming Mailers

The USPS informs mailers or their

agents who present palletized mailings,

including plant-verified drop shipment

(PVDS), when their pallets fail to meet

basic pallet integrity and safety

standards. After July 1, 1996, once a

mailer is notified and allowed to make

changes to improve load integrity, if the

mailer’s methods, or those of the

mailer’s agent presenting PVDS

mailings, do not work, the mailer is

considered nonconforming. A

nonconforming mailer must meet the
Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66147

specifications for nonconforming

mailers for use of top caps, stacking of

pallets, pallet box construction, and

maximum height/layers of trays in 2.0

through 4.0. After July 1, 1996, mailers

will be suspended from the pallet

program if their pallets continue to fail

to meeting the minimum standards for

load integrity levels.

2.0 TOP CAPS

2.1 Use

Top caps are used as follows:

a. Except under 2.1b and 2.1c, all

pallets of sacks, letter mail trays,

parcels, packages or bundles of mail, or

pallet boxes must be top-capped if the

pallets are double- or triple-stacked

when presented to the USPS for

acceptance.

b. The top pallet need not be topcapped if the strapping or banding

securing the stacked pallets together

neither damages the mail on the top

pallet nor allows the stack to shift.

c. Lower pallet(s) containing either

parcels or packages or bundles of mail

need not be top-capped if the top

surface of each pallet load provides a

sturdy, flat surface, parallel to the pallet

base, that provides safe and efficient

stacking of pallets placed on top and

prevents sliding of the top pallet(s),

damage to the loaded mail, or crushing

of the load.

2.2 Construction

Any material may be used as a top cap

if it provides a flat, level surface

horizontal to the base pallet, protects

the integrity of the mail below while

supporting a loaded pallet above, and

allows easy entry of a forklift to remove

the upper pallet(s). Flimsy paper or

fiberboard (e.g., the ends of paper rolls)

or similar material is inadequate and

may not be used as a top cap.

2.3 Securing

A top cap must be secured to the

pallet horizontal to the plane of the base

pallet, with either stretchwrap or at least

two crossed straps or bands, so that the

top cap stays in place to protect the mail

and maintain the integrity of the pallet

load.

2.4 Nonconforming Mailers

Nonconforming mailers (see 1.4) must

use top caps on all pallets of sacks,

letter mail trays, parcels, or packages or

bundles of mail, regardless of weight, or

on pallets containing pallet boxes 60

inches high or less. Top caps must be

approximately 48 by 40 inches and meet

one of these construction standards:

a. Five-wood boards, with uniform

edges and nine-leg pallet contact for

stacking.

b. Fiberboard box-end style, with a

minimum 3-inch side and wall material

of at least double-wall corrugated

fiberboard C and/or B flute.

c. Fiberboard honeycomb covered on

both sides, with heavy linerboard at

least 1⁄2 inch thick.

d. Corrugated fiberboard C flute sheet

covering the entire top of the load, with

standard pallet solid fiberboard corner

edge protectors.

3.0 STACKING PALLETS

3.1 Double- or Triple-Stacking

Pallets may be double- or triplestacked if:

a. The combined gross weight of the

stacked pallets (pallets, top caps, and

mail) does not exceed 2,200 pounds.

b. The heaviest pallet is on the bottom

and the lightest is on the top.

c. The pallets are secured together

with at least two straps or bands of

appropriate material to maintain pallet

integrity during transportation and

handling. Stretchable or shrinkable

plastic wrap be used to secure stacked

pallets together until July 1, 1996.

d. Pallets are top-capped under the

standards in 2.0.

e. The combined height of the stacked

pallets and their loads does not exceed

84 inches.

3.2 Nonconforming Mailers

Nonconforming mailers (see 1.4) who

stack pallets are subject to the

conditions in 3.1, except that triplestacking is allowed only for pallets of

parcels and the combined height of

stacked pallets may not exceed 77

inches.

4.0 PALLET BOXES

[Renumber current 4.0 through 6.0 as

5.0 through 7.0; add new 4.0 as follows:]

4.1 Use

Mailers may use pallet boxes

constructed of single-, double-, or triplewall corrugated fiberboard placed on

pallets to hold sacks or parcels prepared

under M042, M043, or M044. Singlewall corrugated fiberboard may be used

only for light loads (such as lightweight

parcels) that do not require

transportation by the Postal Service

beyond the entry office. The boxes must

protect the mail and maintain the

integrity of the pallet loads throughout

transportation, handling, and

processing. The base of the boxes must

measure approximately 40 by 48 inches.

4.2 Maximum Height

The combined height of the pallet,

pallet box, and mail may not exceed 77

inches, except that until July 1, 1996,

the combined height may be up to 84

inches. The contents of the box must not

extend above the top rim of the box.

4.3 Securing

Pallet boxes must be secured to

pallets with strapping, banding,

stretchable plastic, shrinkwrap, or other

material that ensures that the pallets can

be safely unloaded from vehicles,

transported, and processed as single

units to the point where the contents are

distributed with the load intact if:

a. The pallet and its contents are

transported by the USPS from the office

where the mail is accepted to another

postal facility where the contents are

distributed.

b. The weight of the mail in the box

is not sufficient to hold the box in place

on the pallet during transportation and

processing, a pallet box must be secured

to the pallet base.

4.4 Nonconforming Mailers

Nonconforming mailers (see 1.4) may

use pallet boxes only if the boxes are

constructed of triple-wall corrugated

fiberboard (C and/or B flute material)

with a maximum height of 77 inches.

5.0 PALLET PREPARATION

[Renumber 5.3 as 5.8; add new 5.3

through 5.7; revise renumbered 5.0 as

follows:]

5.1 Presort

[Delete the ‘‘s’’ at the end of ‘‘Pallets’’

in the first sentence.]

5.2 Minimum Load

In a single mailing, the minimum load

per pallet is 250 pounds of second-class,

third-class, or fourth-class packages and

bundles of mail, parcels, or sacks (or

three layers of letter trays of secondclass or third-class mail), except that the

processing and distribution manager of

the facility where a mailing is entered

may issue a written authorization to the

mailer allowing preparation of 5-digit or

3-digit pallets containing less volume if

the mail on those pallets is for the

service area of that facility.

5.3 Required Preparation

A pallet must be prepared to a

required level of sortation when there

are 500 pounds of second-, third-, or

fourth-class packages, bundles, sacks, or

parcels (or six layers of letter trays of

second-class or third-class mail).

5.4 Maximum Weight

The maximum weight (mail and

pallet) is 2,200 pounds for a single

pallet.
66148 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

5.5 Maximum Height

The combined height of a single pallet

and its load may not exceed these

limits:

a. A maximum of 77 inches for

packages, bundles, parcels, sacks, or

fiberboard pallet boxes and their

contents (sacks or parcels) on pallets,

except that until July 1, 1996, the

maximum for pallet boxes is 84 inches.

b. A maximum of 12 layers of secondclass or third-class letter trays.

5.6 Nonconforming Mailers

For nonconforming mailers (see 1.4)

of letter-size mail in trays, the combined

height of a pallet and its load may not

exceed six layers of MM or EMM trays.

5.7 Mail on Pallets

Mailpieces in trays, packages,

bundles, and sacks must be prepared

under the standards applicable to the

class of mail and rate claimed.

* * * * *

M042 Second-Class Mail

* * * * *

4.0 PREPARING PALLETS OF

PACKAGES OR BUNDLES

[Remove current 4.1; renumber 4.2

through 4.5 as 4.1 through 4.4. Amend

renumbered 4.4 as follows:]

* * * * *

4.4 Sacking

[In the first sentence, change ‘‘4.3’’ to

‘‘4.2.’’]

5.0 PREPARING PALLETS OF

COPALLETIZED FLAT-SIZE

PUBLICATIONS

[Remove current 5.3; renumber 5.4

through 5.10 as 5.3 through 5.9. Amend

renumbered 5.5 and 5.8 as follows:]

* * * * *

5.5 Sacking

[In the first sentence, change ‘‘under

5.4’’ to ‘‘under 5.3.’’]

* * * * *

5.8 Documentation

* * * * *

d. [Remove ‘‘/650.’’]

* * * * *

[Revise the heading of 6.0 as follows:]

6.0 PREPARING PALLETS OF SACKS

OR TRAYS

[Remove current 6.1; renumber 6.2

through 6.4 as 6.1 through 6.3. Amend

renumbered 6.2 and 6.3 as follows:]

* * * * *

6.2 Presort and Labeling

Presort sequence and labeling:

a. 5-digit (required for sacks, optional

for trays); use destination of packages

for Line 1.

b. Multicoded city (optional); use

L001 for Line 1.

c. 3-digit (required for sacks, optional

for trays); use L002, Column A, for Line

1.

d. SCF (required); use L002, Column

B, for Line 1.

e. SDC (optional); use L201 for Line

1.

f. Transfer hub (optional).

[Revise the heading of 6.3 as follows:]

6.3 Sacks and Trays

[Revise the first sentence as follows:]

Mixed states sacks and residual trays

may not be included in the palletized

portion of a mailing. * * *

M043 Third-Class Mail

* * * * *

4.0 PREPARING PALLETS OF

PACKAGES OR BUNDLES

[Remove current 4.1; renumber 4.2

through 4.6 as 4.1 through 4.5. Amend

renumbered 4.5 as follows:]

* * * * *

4.5 Sacking

[In the first sentence, change ‘‘4.3’’ to

‘‘4.2.’’]

* * * * *

6.0 PREPARING PALLETS OF

COPALLETIZED FLAT-SIZE MAILINGS

[Remove current 6.4; renumber 6.5

through 6.12 as 6.4 through 6.11.

Amend 6.1 and 6.10 as follows:]

6.1 Standards

[Change ‘‘4.2 through 4.6’’ to ‘‘4.1

through 4.5.’’]

* * * * *

6.10 Sacking

[In the first sentence, change ‘‘4.3’’ to

‘‘4.2.’’]

* * * * *

7.0 PALLETIZING MACHINABLE

THIRD-CLASS PARCELS

[Remove current 7.1; renumber 7.2

through 7.5 as 7.1 through 7.4. In

renumbered 7.2 and 7.3, change all

references from ‘‘7.2’’ to ‘‘7.1.’’]

* * * * *

8.0 PALLETIZING THIRD- AND

FOURTH-CLASS MACHINABLE

PARCELS

[Remove current 8.2; renumber 8.3

through 8.8 as 8.2 through 8.7. In

renumbered 8.3 and 8.4, change all

references from ‘‘8.3’’ to ‘‘8.2’’; revise

8.1 as follows:]

8.1 Standards

[Change ‘‘4.2 through 4.6’’ to ‘‘4.1

through 4.5.’’]

* * * * *

[Revise the heading of 9.0 as follows:]

9.0 PREPARING PALLETS OF SACKS

OR TRAYS

[Remove current 9.1; renumber 9.2

through 9.4 as 9.1 through 9.3. Amend

renumbered 9.1 and 9.2 as follows:]

9.1 Presort and Labeling

Presort sequence and labeling:

a. 5-digit (required for sacks, optional

for trays); use destination of packages

for Line 1.

b. Multicoded city (optional); use

L001 for Line 1.

c. 3-digit (required for sacks, optional

for trays); use L002, Column A, for Line

1.

d. SCF (required); use L002, Column

B, for Line 1.

e. BMC (optional); use L705 (or L708

for BMC/ASF if DBMC rate is claimed)

for Line 1.

9.2 Line 2

[Change ‘‘9.2’’ to ‘‘9.1’’ at the end of the

section.]

9.3 Remaining Sacks and Trays

All sacks and trays remaining after all

pallets are prepared may be presented

with the palletized mailing (on the same

mailing statement), if the sacks or trays

are segregated from the palletized

portion of the mailing.

M044 Fourth-Class Mail

* * * * *

3.0 PREPARING PALLETS OF

PACKAGES

[Remove current 3.1; renumber 3.2

through 3.5 as 3.1 through 3.4.]

* * * * *

4.0 PREPARING PALLETS OF

MACHINABLE PARCELS

[Remove 4.1; renumber 4.2 through 4.6

as 4.1 through 4.5.]

* * * * *

4.2 Line 2

[Change ‘‘4.2’’ to ‘‘4.1’’ at the end of the

section.]

* * * * *

5.0 PREPARING PALLETS OF

SPECIAL FOURTH-CLASS PRESORT

[Remove 5.1; renumber 5.2 and 5.3 as

5.1 and 5.2.]

* * * * *

5.2 Line 2

[Change ‘‘5.2’’ to ‘‘5.1’’ at the end of the

section.]
Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66149

M048 Automation-Compatible Flats

* * * * *

2.0 PACKAGE PREPARATION

[Renumber 2.1 as 2.0 and remove the 2.1

section heading; remove 2.2.]

* * * * *

An appropriate amendment to 39 CFR

111.3 to reflect these changes will be

published.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–30989 Filed 12–20–95; 8:45 am]

BILLING CODE 7710–12–M

Environmental Protection Agency

40 CFR Part 52

[GA–27–1–7186a; FRL–5320–3]

Approval and Promulgation of

Implementation Plans Georgia:

Approval of Revisions to Georgia

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the revision

to the Georgia State Implementation

Plan (SIP). On May 5, 1994, the Georgia

Environmental Protection Division

submitted regulations 391–3–21–.01

through .11 establishing a Clean Fuel

Fleet program. These rules became

effective on May 22, 1994.

DATES: This final rule will be effective

February 20, 1996, unless adverse or

critical comments are received by

January 22, 1996. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Benjamin

Franco, at the EPA Regional Office

listed below. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Air and Radiation Docket and Information

Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M

Street, SW, Washington, DC 20460.

Environmental Protection Agency, Region 4

Air Programs Branch, 345 Courtland Street

NE, Atlanta, Georgia 30365.

Georgia Environmental Protection Division,

4244 International Parkway, Suite 120,

Atlanta, GA 30354.

FOR FURTHER INFORMATION CONTACT:

Benjamin Franco, Regulatory Planning

and Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is 404/

347–3555 x–4211. Reference file GA27–

1–7186a.

SUPPLEMENTARY INFORMATION: Section

246(a) of the 1990 Clean Air Act (CAA)

requires ozone nonattainment areas

classified serious and above to

implement a Clean Fuel Fleet (CFF)

program. The program is designed to

introduce lower-emitting vehicles into

centrally fueled fleets in ozone

nonattainment areas classified as

serious. By choosing to introduce clean

fuel vehicles in centrally fueled fleets,

Congress focused on vehicle operators

that often have more control over their

source of fuel than does the general

public. Additionally, the central control

which operators maintain over their

vehicles simplifies the issues related to

vehicle maintenance and refueling.

Finally, because fleet vehicles typically

travel more miles and are replaced more

frequently than non-fleet vehicles, they

offer a greater opportunity to improve

air quality, on a per-vehicle basis and in

a more timely manner, than potentially

could be achieved by concentrating on

a similar number of non-fleet vehicles.

The Georgia Department of Natural

Resources adopted on April 29, 1994,

Regulations 391–3–21–.01 through .11

establishing a CFF program. The

program will be required in the counties

of Cherokee, Clayton, Cobb, Coweta,

Dekalb, Douglas, Fayette, Fulton,

Forsyth, Gwinnett, Henry, Paulding and

Rockdale. Fleets of 10 or more vehicles

that are centrally fueled or capable of

being centrally fueled and operated in

the above counties are required to

include in their new vehicle purchases

a certain percentage of clean fueled

vehicles (CFV). A CFV is one which

meets any one of the three sets of

exhaust emission standards. The

emission standards and the vehicles

which meet them are referred to as low

emission vehicles (LEV), ultra low

emission vehicles (ULEV), and zero

emission vehicles (ZEV).

Vehicles weighing 26,000 lbs. or less

will count towards the requirement. The

purchase must start with 1998 model

year vehicles. The phase-in schedule for

vehicles weighing up to 8,500 lbs. Gross

Vehicle Weight Rating (GVWR) is: 30

percent Model Year 1998, 50 percent

Model Year 1999, 70 percent Model

Year 2000 and after. The phase-in

schedule for vehicles weighing above

8,500 lbs GVWR is: 50 percent Model

Year 1998, 50 percent Model Year 1999,

50 percent Model Year 2000 and after.

The following vehicles are exempted

from these requirements: motor vehicles

for lease or rental to the general public,

dealer demonstration vehicles that are

used solely for the purpose of promoting

motor vehicle sales, emergency vehicles,

law enforcement vehicles, nonroad

vehicles (farm and construction

vehicles), vehicles garaged at a personal

residence and not being centrally

fueled, and vehicles used for motor

vehicle manufacturer product

evaluations and tests.

Regulation 391–3–21.08 establishes a

credit program in order to help fleets

meet the CFF program requirements.

Credits can be generated by three ways:

(1) By purchasing CFVs prior to 1998,

(2) by purchasing extra or exempted

CFVs, and (3) by purchasing CFVs with

stricter emissions standards such as

ULEV and ZEV. These credits can only

be used in the designated nonattainment

area. Credits can be used towards future

purchases or can be sold or traded to

other operators. The Georgia

Environmental Protection Division

(GAEPD) will keep, approve and track

all credits.

Final action

The EPA is approving this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective February 20,

1996, unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on the separate proposed rule.

The EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective February 20, 1996.

The Agency has reviewed this request

for revision of the Federally-approved

State Implementation Plan for

conformance with the provisions of the

1990 Amendments enacted on

November 15, 1990. The Agency has

determined that this action conforms

with those requirements.