12490 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules

Marshall, the 1978 implementing Court

Order, the 1980 Report to the Court, and

a report describing the 1983–1984

benchmark revision process. Docket

Number T–018 is available for public

inspection and copying at the Docket

Office of the U.S. Department of Labor,

Room N–2625.

Public Participation

OSHA is soliciting public

participation in its consideration of the

approval of the revised North Carolina

benchmarks to assure that all relevant

information, views, data and arguments

are available to the Assistant Secretary

during this proceeding. Members of the

public are invited to submit written

comments in relation to whether the

proposed revised benchmarks will

provide for a fully effective enforcement

program for North Carolina in

accordance with the Court Order in

AFL–CIO v. Marshall. Comments must

be received on or before April 11, 1995,

and be submitted in quadruplicate to

the Docket Office, Docket No. T–015A,

U.S. Department of Labor, Room N–

2625, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Written

submissions must be directed to the

specific benchmarks proposed for North

Carolina and must clearly identify the

issues which are addressed and the

positions taken with respect to each

issue.

All written submissions as well as

other information gathered by OSHA

will be considered in any action taken.

The record of this proceeding, including

written comments and all material

submitted in response to this notice,

will be made available for public

inspection and copying in the Docket

Office, Room N–2625, at the previously

mentioned address, between the hours

of 8:15 a.m. and 4:45 p.m.

List of Subjects in 29 CFR Part 1952

Intergovernmental relations, Law

enforcement, Occupational safety and

health.

(Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29

CFR part 1902, Secretary of Labor’s Order No.

1–90 (55 FR 9033))

Signed at Washington, DC, this 28th day of

February 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–5503 Filed 3–6–95; 8:45 am]

BILLING CODE 4510–26–M

POSTAL SERVICE

39 CFR Part 111

Special Bulk Third-Class Eligibility

Restrictions

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: This proposed rule

implements provisions of Public Laws

103–123 and 103–329, the Treasury,

Postal Service, and General Government

Appropriations Acts for 1994 and 1995,

respectively. The proposed rule is

necessary to clarify and implement

further restrictions on the use of special

bulk third-class rates.

DATES: Comments must be received on

or before April 6, 1995.

ADDRESSES: Written comments should

be mailed or delivered to Manager,

Mailing Standards, USPS Headquarters,

475 L’Enfant Plaza SW., Washington,

DC 20260–2419. Copies of all written

comments will be available for

inspection and photocopying from 9

a.m. to 4 p.m., Monday through Friday,

in Room 6800 at the above address.

FOR FURTHER INFORMATION CONTACT:

Ernest J. 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

subsections (j) and new subsection (m)

(1993 amendments). These sections add

further restrictions on the use of special

bulk third-class postage rates by

qualified organizations. Specifically, the

law makes certain types of

advertisements, promotions, and offers,

as well as some products, ineligible to

be mailed at the special bulk third-class

rates. The final rule implementing the

new statutory restrictions was published

by the Postal Service on May 5, 1994,

with an implementation date of

September 4, 1994. It was subsequently

delayed indefinitely by notice in the

Federal Register (59 FR 39967) on

August 5, 1994.

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 1993 amendments established

new content-based restrictions on

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

advertises, promotes, offers, or, for a fee

or consideration, recommends,

describes, or announces the availability

of any product or service 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 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 of 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.

This proposal republishes for

comment the rules adopted on May 5,

1994, with certain changes. The major

change is the addition of new sections

E370.5.4(d)(2) and 5.8 of the Domestic

Mail Manual (DMM) that implement the

new exception to the restrictions in the

1993 amendments. Specifically, the new

rule provides that the 1993 amendments

do not apply to advertisements for

products or services that appear in

third-class material meeting the content

requirements for periodical

publications. These content

requirements are listed in DMM

E370.5.8.

Other changes from the rules

published May 5, 1994, include the

following. Several sections in the DMM

have been renumbered to accommodate

the addition of new DMM E370.5.8;

section 5.7(c) has been deleted. This

provision excluded certain material in

newsletters and other publications from

the new advertising restrictions.

Because the publications that were

intended to benefit from the provision

are among those that are expected to

benefit from the new 1994 exception,

this section has been deleted as

unnecessary and potentially confusing.

Products and services advertised in

materials meeting the content

requirements for a periodical
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules 12491

publication are mailable at the special

bulk third-class rates regardless of

whether their sale or provision is

substantially related to the purposes of

the qualified organization. (This

proposed rule change does not affect the

prohibition on mailing advertisements

for affinity, credit, debit, or charge

cards; insurance policies; and travel

arrangements.) Also, the cost of a lowcost item has been adjusted for cost of

living. Editorial changes, including the

consolidation of provisions and deletion

of unnecessary or redundant provisions,

have been proposed in several sections

for the purpose of clarity. These

editorial changes are not intended to

make substantive changes from the rules

adopted on May 5, 1994.

As a reminder, mailers should remain

aware that the restrictions in proposed

DMM E370.5.4(d) do not apply unless

the material to be mailed ‘‘advertises,

promotes, offers, or, for a fee or

consideration, recommends, describes,

or announces the availability of’’ a

product or service. Other material is not

prohibited under this restriction. This

includes certain acknowledgments and

‘‘permissible references’’ described in

current DMM E370.5.6 (which would be

renumbered as DMM E370.5.7 under

this proposal). 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; a new definition of

public service announcements has

recently been adopted by the Postal

Service in the Federal Register ( 59 FR

10021) on February 23, 1995. The

determination whether other material

may come within the restrictions in

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

other item subject to section DMM

E370.5.4(d). The Postal Service

understands that sweepstakes

announcements generally involve such

arrangements. Where an individual is

only eligible for a prize or premium if

a purchase is made, the matter would

generally be considered under the

provisions of DMM E370.5.4(d).

Although exempt from the notice and

comment requirements of the

Administrative Procedure Act (5 U.S.C.

553(b), (c)) regarding proposed

rulemaking by 39 U.S.C. 410(a), the

Postal Service invites comments on the

following proposed revisions of 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, 3001–3011, 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.

3. In the Domestic Mail Manual,

section E370 is amended by adding

5.4(d), 5.6, 5.8, and 5.10. The proposed

text is 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 qualified 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 qualified 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

products or services advertised are

substantially related to one or more of
12492 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules

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 a

publication 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 a qualified 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 a qualified 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 section 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

how many issues are to be published

each year and at what regular intervals

(daily; weekly; monthly; monthly except

June; four times a year in June, August,

September, and December; annually;

etc.).

(4) Name and address of the nonprofit

organization, including street number,

street name, and ZIP+4 or 5-digit ZIP

Code. The street name and number 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) ISSN or USPS number, 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 section

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 qualified nonprofit

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 lowcost as described in 5.10a.

c. A periodical publication (as defined

in E211) of a nonprofit organization

unless it is ineligible under the

provisions of E370.5.0 to be mailed at

the special bulk third-class rates.

* * * * *

An appropriate amendment to 39 CFR

111.3 to reflect these changes will be

published if the proposal is adopted.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–5458 Filed 3–6–95; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51 and 58

[AD–FRL–5157–7]

Proposed Requirements for

Implementation Plans and Ambient Air

Quality Surveillance for Sulfur Oxides

(Sulfur Dioxide) National Ambient Air

Quality Standards

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Today’s action proposes

implementation strategies for reducing

short-term high concentration sulfur

dioxide (SO2) emissions in the ambient

air. The EPA is concerned that a

segment of the asthmatic population

may be at increased health risk when

exposed to 5-minute peak

concentrations of SO2 in the ambient air

while exercising. ‘‘Exercising’’ in this

case can include walking up stairs or

hills, as well as more strenuous

activities.

In a related document published on

November 15, 1994 in the Federal

Register (part 50/53 document), EPA

proposed not to revise the current 24-

hour and annual primary national

ambient air quality standards (NAAQS)

for sulfur oxides (measured as SO2)

while soliciting comment on the

possible need to adopt additional

regulatory measures to address shortterm peak SO2 exposures. The three

alternatives under consideration

include: Augmenting the

implementation of the existing

standards by focusing on those sources

or source types likely to produce high

5-minute peak SO2 concentrations;

establishing a new regulatory program

under the authority of section 303 of the

Clean Air Act (Act) to supplement

protection provided by the existing SO2

NAAQS; and revising the existing SO2

NAAQS by adding a new 5-minute

NAAQS of 0.60 ppm SO2, 1 expected

exceedance. All three regulatory

alternatives would be implemented

through a risk-based targeted strategy

designed to protect the population at

risk while minimizing the burden on the

States for implementation.

This document presents EPA’s

proposed targeted implementation

strategy and the associated regulatory

requirements for implementing each of

the regulatory measures under

consideration. Also in this document,

EPA solicits comments on appropriate

changes to the new source review (NSR)

programs as they relate to the 5-minute

NAAQS regulatory alternative, and EPA