Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 10021

between Lake Nicolet Lighted Buoy 80

(LLNR 13465) and West Neebish

Channel Light 9 (LLNR 13715),

downbound. The West Neebish Channel

Light 9 checkpoint has been added to

extend the reduced speed limit area past

Winter Point, thereby protecting the

sensitive environment between Winter

Point and West Neebish Channel Light

9. Speed limits apply to the average

speed between established reporting

points.

Drafting Information

The drafters of this regulation are

Lieutenant J.G. Byron D. Willeford,

Project Officer, Ninth Coast Guard

District, Aids to Navigation &

Waterways Management Branch, and

Lieutenant and Karen E. Lloyd, Project

Attorney, Ninth Coast Guard District

Legal Office.

Federalism Implications

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

A recent environmental impact study

by the United States Army Corps of

Engineers indicated that March 21 is the

optimal opening date. [see U.S. Army

Corps of Engineers Draft Environmental

Impact Statement, Opening Operations

of the Lock Facilities on March 21

(February 1993), Supplement III to the

Final Environmental Impact Statement,

Operations, Maintenance, and Minor

Improvements of the Federal Facilities

at Sault Ste. Marie, Michigan (July

1977)]. The same study by the Corps of

Engineers indicates that there is not

significant impact on fish populations

due to movement of large commercial

vessels through the ice. However, the

Michigan Department of Natural

Resources asserts that there may be such

an impact during the early period of

March 21 to April 1.

The Ninth Coast Guard District has

adopted the U.S. Army Corps of

Engineers EIS, EIS Supplements, and

EIS studies on Operations, Maintenance,

and Minor Improvements of the Federal

Facilities at Sault Ste. Marie, Michigan.

In addition, the Coast Guard is

preparing a supplement for the 1974

Ninth Coast Guard District EIS regarding

icebreaking activity on the Great Lakes.

Economic Assessment and Certification

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of the DOT is unnecessary.

Collection of Information

This regulation will impose no

collection of information requirements

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 162

Harbors, Navigation (water),

Reporting and recordkeeping

requirements, Vessels, Waterways.

Regulations

In consideration of the foregoing, the

Coast Guard temporarily amends Part

162 of Title 33, Code of Federal

Regulations, as follows:

PART 162—INLAND WATERWAYS

NAVIGATION REGULATIONS

1. The authority citation for 33 CFR

Part 162 continues to read as follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

2. From February 9, 1995 through

April 15, 1995, paragraph (g) in

§ 162.117 is suspended and a new

paragraph (i) is added to read as follows:

§ 162.117 St. Marys River, Sault Ste. Marie,

Michigan.

(i) Speed rules. The following speed

limits indicate the average speed over

the ground between reporting points:

The speed limit between

Speed limit

Miles/hr Knots

De Tour Reef Light and

Sweets Point Light .... 14 12.2

Round Island Light and

Point Aux Frenes

Light 21 ..................... 14 12.2

Munuscong Lake Lighted Buoy 8 and

Everns Point ............. 10 8.7

Everns Point and Reed

Point .......................... 7 6.0

Reed Point and Lake

Nicolet Lighted Buoy

62 .............................. 8 7.0

Lake Nicolet Lighted

Buoy 62 and Lake

Nicolet Light 80 ......... 10 8.7

The speed limit between

Speed limit

Miles/hr Knots

Lake Nicolet Lighted

Buoy 80 and

Munuscong Lake

Light 9 (downbound,

West Neebish Channel) ............................ 8 7.0

Lake Nicolet Light 80

and Winter Point

(West Neebish Channel) ............................ 8 7.0

Lake Nicolet Light 80

and Six Mile Point

Ranger Rear Light .... 10 8.7

Six Mile Point Range

Rear Light and lower

limit of the St. Marys

Falls Canal:

Upbound ................... 8 7

Downbound ............... 10 8.7

Upper limit of the St.

Marys Falls Canal

and Point Aux Pins

Main Light ................. 12 10.4

Dated: February 9, 1995.

Thomas A. Trosvig,

Captain, U.S. Coast Guard Commanding

Officer, VTS St. Marys River.

[FR Doc. 95–4412 Filed 2–22–95; 8:45 am]

BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 111

Contents of Second-Class Mail

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: On July 20, 1994, the Postal

Service published a proposed rule for

public comment in the Federal Register

(59 FR 37011–37018) that would revise

the current standards in the Domestic

Mail Manual (DMM) on materials

eligible for mailing at second-class rates

with authorized second-class

publications. This final rule adopts most

of the proposed changes to the

standards governing the contents and

characteristics of second-class mail.

The final rule adopts the proposed

objective criteria for determining which

materials may be mailed at second-class

rates, revises the regulations on pages

with‘‘novel characteristics,’’ and

liberalizes the standards governing the

mailing of products and product

samples. The final rule adds

instructions specifying how advertising

content is measured and a new

definition of public service

announcements. The Postal Service has

decided not to adopt the proposal to

remove the current advertising
10022 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

limitation on loose supplements to

bound publications.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Jerome M. Lease, (202) 268–5188, or

Alixe M. Johnson, (312) 765–5487.

SUPPLEMENTARY INFORMATION: The

proposed rule discussed in detail efforts

on the part of the Postal Service in

recent years to adopt standards that

satisfy and protect the interests of both

the mailing public and the Postal

Service regarding the mailing of

additional materials, such as

supplements, at second-class rates.

Changes in technology, such as a

publisher’s ability to enclose a

publication with supplemental

materials in a polybag, have led to a

renewed debate over the limits to which

the standards should allow loose pieces,

such as advertising supplements, to be

mailed with a publication at secondclass rates. Difficulty in consistent

interpretation of the current standards

has been a major concern for the Postal

Service. This difficulty has required the

need for additional Postal Service

resources for training and mail

acceptance and has compromised the

ability of the Postal Service to

consistently collect the correct postage

on second-class mail.

At the behest of the second-class

mailing industry, the Postal Service

agreed to review the standards

governing the contents of second-class

mail and solicit public comment on

proposed changes. As a result, the

Postal Service published the proposed

rule on July 20, 1994.

The comment period ended on

September 19, 1994, and 27 written

comments were received from interested

associations, publishers, and

individuals. Having given thorough

consideration to these comments, the

Postal Service is now publishing its

final rule. This final rule completely

reorganizes and renumbers DMM C200,

using a format with four main headings

(as described in the proposed rule): 1.0

Permissible Mailpiece Components, 2.0

Impermissible Mailpiece Components,

3.0 Mailpiece Construction, and 4.0

Printed Features. Following this new

format, each section and the comments

applicable to that section are

summarized and discussed below.

Affected sections of modules A, E, and

P of the DMM are also listed and

discussed in detail.

Not specifically discussed below is

one comment received that stated

general acceptance of the entire

proposal. In addition, one comment was

received requesting that the Postal

Service amend the mailing standards

governing carrier route second-class

mail. This comment is outside the scope

of this rulemaking and is not addressed

in the final rule. One commenter noted

an error in proposed C200.4.3 referring

to an exception in C200.1.4d although

no subsection C200.1.4d was shown in

the proposal. This omission is corrected

in the final rule.

Discussion of Comments

Additional Standards for Second-Class

Mail (A010.7.0)

1. Preparation (A010.7.1)

This section, which provides the basic

standards for addressing second-class

mail, is moved intact from current

A200.1.1. No comments were received.

The proposal is adopted.

2. Address Labels (A010.7.2)

Current text from A200.1.2 forms this

new section. No comments were

received. The proposal is adopted.

3. Address Placement (A010.7.3)

Current A200.1.3 is also relocated to

these general standards for addressing

second-class mail. The section is revised

for clarity. No comments were received.

The proposal is adopted.

4. Return Address (A010.7.4)

Instructions on mail requiring a return

address when it is endorsed ‘‘Return

Postage Guaranteed’’ are relocated from

current A200.1.4. No comments were

received. The proposal is adopted.

Permissible Mailpiece Components

(C200.1.0)

5. Pages (C200.1.1)

One commenter expressed concern

over the proposed language that states,

in part, ‘‘no page may have dimensions

(when folded, if folded) that exceed the

dimensions of the cover of the

publication.’’ This commenter was

concerned about covers that are slightly

shorter than the full dimensions of the

publication. The Postal Service believes

that this commenter’s concern has

merit. The Postal Service has removed

the reference to the cover of the

publication. The pertinent phrase now

reads ‘‘that exceed the dimensions of

the publication.’’ Three commenters

remarked favorably on proposed

language that would allow small

amounts of fastening material such as

grommets, string, or rubber bands when

used to assemble a page. No negative

comments were received. The proposed

language is adopted with the revision

noted above.

6. Parts and Sections (C200.1.2)

Although no substantive change

concerning parts or sections was

proposed, four commenters offered

remarks on the reorganized language

that carries forward the standards

governing parts and sections. These

commenters suggested that the language

providing that ‘‘parts or sections

produced by someone other than the

publisher may not be mailed at secondclass rates if these parts or sections are

prepared by or for advertisers or if they

are provided to the publisher free or at

a nominal charge’’ is unnecessary and/

or confusing and should be eliminated.

This language essentially prohibits parts

or sections produced for advertising

purposes. Such parts or sections have

historically been restricted from secondclass eligibility and that restriction

remains in place. The Postal Service

believes that the language in question is

useful in making it clear that pieces that

are not eligible as supplements may not

be prepared as parts or sections in order

to qualify for mailing at second-class

rates. The language is also useful in

providing a clear distinction between

parts and sections and other

components such as supplements. The

proposed language is adopted with a

minor revision providing that any postal

official, not just the rates and

classification service centers, may

request publishers to submit contracts

entered into with producers of parts or

sections.

7. Enclosures at First- or Third-Class

Rates (C200.1.3)

This section clarifies the standards

governing enclosures at First- or thirdclass rates. No comments were received.

The proposal is adopted.

8. Enclosures at Second-Class Rates

(C200.1.4)

Three commenters favored the

proposed language clarifying that

permissible enclosures allowable at

second-class rates are not counted when

determining the percentage of

advertising in a second-class

publication, but instead are included in

the total weight of the publication

reported on the mailing statement,

either PS Form 3541–R or PS Form

3541–N. Another commenter suggested

that the section allowing a receipt or

request for a subscription to be

accompanied by a single sheet of

printed matter containing information

related exclusively to it (proposed

C200.1.4b) be revised to permit two

separate sheets rather than one. The

revision to DMM language that allowed

for a separate single sheet was in
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 10023

response to industry requests for

production flexibility, particularly to

allow extended forms to be divided into

two separate sheets (e.g., order form and

related promotional information). See

Postal Bulletin 21848 (August 19, 1993).

The Postal Service believes that it is

inconsistent with the limited nature of

loose enclosures to consider allowing

any additional material as enclosures.

The section is adopted as proposed.

9. Supplements (C200.1.5)

The proposed rule explained in detail

the concerns expressed by many

publishers over a course of several years

regarding the mailing standard requiring

that 25% nonadvertising content be

included in all loose supplements to

bound second-class publications.

Publishers have asserted that this

requirement is a burden to the industry

and unnecessarily restricts publishers

from including desired advertising and

other supplemental materials with the

host publication. At the urging of those

publishers, the Postal Service agreed to

propose, for public comment,

elimination of the 25% nonadvertising

requirement for loose supplements to

bound second-class publications. Two

commenters offered historical reviews

of the regulations concerning secondclass supplements to support their

position that relaxing the current

standard would damage the integrity of

second-class mail. These commenters

were joined by eight other commenters

who also opposed eliminating the 25%

nonadvertising requirement. Most often

the reason given was that the

elimination of this requirement could

diminish the distinction between

second-class and other classes of mail

and eliminate the preferential rate

treatment accorded to second-class mail.

In one commenter’s opinion, postal

operations would also be negatively

impacted because more publishers

would use polywrapping.

On the other hand, seven commenters

offered support for the elimination of

the 25% nonadvertising requirement,

although some expressed concern about

the continued viability of second-class

mail if safeguards are not taken to

monitor second-class mailings strictly to

ensure that typical third-class matter not

be allowed to be mailed at second-class

rates. For the most part, these seven

commenters viewed the elimination of

the 25% nonadvertising requirement as

an improvement and believed that the

overall limit on advertising is adequate

to protect the integrity of second-class

mail.

The comments received on the

elimination of the 25% nonadvertising

requirement indicate that there is no

consensus within the second-class

industry on this proposal. Based on this

lack of consensus, the Postal Service has

concluded that there is insufficient

support for a change to the existing

standards at this time. Thus, the Postal

Service will retain the 25%

nonadvertising requirement for loose

supplements to bound second-class

publications.

Eight commenters supported the

retention of the ‘‘Supplement to’’

endorsement requirement as a safeguard

against the inclusion of third-class

material being carried as a supplement.

One commenter favored the complete

elimination of the ‘‘Supplement to’’

endorsement. The Postal Service

believes that it is necessary to retain the

‘‘Supplement to’’ requirement as an

indication that the material was

designed for inclusion with the

publication. Therefore, this part of the

rule is adopted as proposed. Six

commenters requested that the Postal

Service clarify that supplements to

unbound publications do not require the

endorsement ‘‘Supplement to’’ unless

the supplement is included loose

outside the publication. This final rule

does so.

Three commenters expressed a

concern that the proposed definition of

supplements would exclude from

second-class eligibility special

supplemental advertising materials that

are bound into a second-class

publication. The Postal Service

considers such an advertisement to be

an integral part of the publication. It is

not a ‘‘supplement’’ within the meaning

of this section. Six other commenters

requested that the Postal Service better

define the term ‘‘supplement’’ to avoid

any misunderstanding over its use.

Although, as indicated, some publishers

use the term ‘‘supplement’’ to refer to

items that are either bound into a bound

publication or included loose with a

bound publication, the Postal Service

considers the definition in the proposal

to be less confusing than prior

definitions and a more accurate

description of what is acceptable as a

supplement. The proposed definition is

adopted in the final rule.

One commenter disagreed with the

requirement that the external

dimensions of a supplement (its length

and height) may not exceed the

dimensions of the host publication. The

commenter suggested that this

restriction be dropped if the publication

and its supplement or supplements are

polybagged. The Postal Service

considers the height and length

restriction on supplements to be a

necessary requirement to aid in

recognizing the second-class piece as

the host piece to ensure proper handling

as a time-value publication.

Additionally, this restriction promotes

the production of a mailpiece (i.e., host

and supplement) that is easier to

process. The proposal is adopted.

10. Covers (C200.1.6)

No comments were received

concerning the proposed language in

this section. The proposal is adopted.

11. Mailing Wrappers (C200.1.7)

One commenter suggested that the

definition of a wrapper include the

words ‘‘partial wrapper,’’ consistent

with the use of this term elsewhere in

these standards (see C200.3.4). The

Postal Service agrees. This wording is

added and the proposal is adopted.

12. Attachments (C200.1.8)

The rule as proposed in C200.1.8a

allows for stickers of any size and shape

to be attached to the cover, protective

cover, or mailing wrapper if no portion

of the publication name is obscured.

One commenter requested that this

reference to stickers as attachments be

clarified to state that stickers attached to

a page using any manufacturing process

are allowable. The Postal Service

believes that the suggested reference to

‘‘any manufacturing process’’ is too

broad and all inclusive and that the

proposed language is sufficiently clear

and accommodating. No other

comments were received. This section is

adopted as proposed.

13. Printed Additions (C200.1.9)

This section consolidates the list of

words, characters, figures, and phrases

that may be added to a copy of a secondclass publication after it is printed or

placed on the protective cover or

mailing wrapper. No comments were

received. The proposal is adopted.

14. Label Carriers (C200.1.10)

One commenter suggested that a label

carrier should be permitted with

publications enclosed within polywrap

or a partial wrapper (such as a sleeve).

The Postal Service believes that there is

merit in this suggestion and has

amended this section accordingly in the

final rule.

Impermissible Components (C200.2.0)

15. General Standard (C200.2.1)

This section describes materials not

eligible for second-class rates. No

comments were received. The proposal

is adopted.

16. Prohibited Matter (C200.2.2)

This section describes those materials

that are prohibited from being mailed at
10024 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

second-class rates whether as a loose

supplement, as a bound-in ‘‘preprint,’’

or as a run-of-press (ROP) page. One

commenter stated that the prohibitions

should be applicable to loose

supplements only and not to preprints

or ROP pages. The Postal Service

considers that, by definition, certain

materials are not eligible to be mailed at

second-class rates. Further, the Postal

Service does not find the manner in

which matter would be incorporated in

a host publication (e.g., as a loose

supplement or bound-in advertisement)

to be a relevant factor in determining

second-class eligibility. The Postal

Service believes that the listed elements

for prohibited matter should apply to all

material offered for entry at the secondclass rates.

It was further suggested by a

commenter that a USPS number be

added to the list of prohibited matter.

Although separate second-class

publications may be combined under

certain specified conditions, the Postal

Service believed that it was understood

that a second-class publication could

not be mailed as a supplement. Seeing

some merit in this suggestion, the Postal

Service has added a USPS number to

the list of prohibited matter (see

C200.2.2e) to clarify this point.

Two commenters strongly favored the

Postal Service’s new list of objective

criteria for defining those independent

publications that are ineligible to be

mailed at second-class rates. One

commenter stated that the list of

prohibited items does not go far enough

to ensure that prohibited independent

publications not be allowed to mail at

second-class rates, and suggested that

the standards be revised to retain a

specific prohibition against

‘‘independent publications’’ and to treat

the list of components as creating a

strong presumption that the item is (or

is not) an independent publication. The

commenter also suggested that the list

be expanded to include a separate table

of contents, pagination, and masthead as

indicators of a publication’s possible

independence. Eliminating the

confusion surrounding what constitutes

an independent publication is a major

objective of this rulemaking. The Postal

Service believes that the proposed rule

as written serves to eliminate such

confusion and that it is not necessary to

adopt requirements more stringent than

those in the proposed rule, especially

because the 25% nonadvertising

requirement for loose supplements to a

bound publication has been retained.

Therefore, except for the

aforementioned amendment, the

proposal is adopted.

17. Products (C200.2.3)

The following proposed language

concerning products drew numerous

comments: ‘‘Printed pages, including

oversized pages and calendars, are not

considered products if they are not

separately distributed or offered for sale,

bear the name of the host publication

and the issue date, and relate to other

advertising or nonadvertising content of

the host publication.’’ Five commenters

objected to this language as being both

too vague and too stringent (except for

the prohibition against such pages as

calendars being offered for sale). Seven

commenters were in favor of the Postal

Service’s position that noncommercially

available oversized pages and calendars

be permitted to be mailed at secondclass rates. The Postal Service intended

this proposed revision to allow pages

(specifically pages prepared as posters)

and calendars that are not commercially

sold or offered for sale by the publisher

to be included in publications mailed at

the second-class rates. The requirement

for including the host publication name,

issue date, and the relation of the page

or calendar to other advertising or

nonadvertising content of the host

publication was intended to

demonstrate the piece’s relationship to

the host piece, thereby reinforcing its

acceptability. To minimize the

likelihood of misinterpretation,

however, the Postal Service has

reworded portions of this section for

greater clarity.

One commenter suggested that

publishers should be allowed to sell

their own reprints and other reader

service items to their subscribers

without paying a ‘‘postage penalty.’’ The

Postal Service does not believe that it is

appropriate to allow publishers to

obtain preferential second-class rates for

material that is also designed for

separate sale. This view is consistent

with the exclusion from eligibility for

second-class rates of items bearing a

separate price (see C200.2.2a). Three

commenters suggested that the word

‘‘Poster’’ be included. The Postal

Service does not wish to limit oversized

pages to posters because other items

(e.g., maps, wall charts, and patterns)

will also be acceptable at second-class

rates if not commercially available or

offered for sale.

18. Fourth-Class Mail (C200.2.4)

One commenter suggested that this

section be revised to allow second-class

matter to be mailed with fourth-class

matter at fourth-class rates. However,

the proposed section pertains to what

may be mailed at second-class rates. The

comment goes beyond the scope of this

rulemaking. No other comments

concerning this portion of the proposal

were received. The proposal is adopted

as written.

19. Nonprinted Sheets (C200.2.5)

This section makes clear that any

matter not formed of printed sheets

(except for small amounts of fastening

material such as grommets, string, or

rubber bands needed to assemble the

page [see C200.1.1b]) is not eligible for

second-class rates. No comments were

received. The proposal is adopted.

Mailpiece Construction (C200.3.0)

20. Bound/Unbound (C200.3.1)

This section defines bound and

unbound publications for the purposes

of second-class mail. No comments were

received. The proposal is adopted.

21. Physical Size (C200.3.2)

This section explains that

publications claimed at certain rates

may need to comply with other DMM

standards regarding size or weight.

Additionally, it provides that requester

publications must contain at least 24

pages per issue. No comments were

received. The proposal is adopted.

22. Without Wrapper (C200.3.3)

One commenter suggested that the

tolerance for protective covers (i.e., 3⁄4

inch of the edge opposite the fold or

binding) in C200.3.5 be allowed for

attachments to covers as well. The

Postal Service agrees that the standards

governing protective covers and

attachments to covers should be

consistent and has added language to

permit acceptable attachments to covers

(as outlined in C200.1.8b) that come

within 3⁄4 inch opposite the fold or

binding to be mailed without a wrapper.

The proposal is adopted with this

clarification.

23. With Wrapper (C200.3.4)

No comments were received

concerning the proposed language in

this section. The proposal is adopted.

24. Protective Cover (C200.3.5)

Two commenters supported the

proposed language in C200.3.5, which

would allow a protective cover to be up

to 3⁄4 inch shorter than the cover of the

edge opposite the fold or binding. No

negative comments were received. The

proposal is adopted.

25. APO/FPO Copies (C200.3.6)

This section requires that any single

copy of an unbound publication that

includes any enclosures, supplements,

or more than one part or section and

that is mailed to an APO/FPO address
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 10025

to be completely enclosed in a wrapper.

No comments were received. The

proposal is adopted.

26. Sealing (C200.3.7)

This section explains that secondclass mail must be prepared so that it

can be easily examined. No comments

were received. The proposal is adopted.

Printed Features (C200.4.0)

27. Publication Name; Notices

(C200.4.1)

This section details how and where

the publication name and any notices

must be displayed on the publication

and any protective cover or mailing

wrapper. No comments were received.

The proposal is adopted.

28. Endorsements (C200.4.2)

This section pertains to endorsement

placement on second-class mailing

wrappers. No comments were received.

The proposal is adopted.

29. Advertising (C200.4.3)

This section explains that, regardless

of location, an advertisement must be

prepared as an integral part of the

publication. This section also details

acceptable preparation standards for

advertisements. No comments were

received. The proposal is adopted.

30. Marking of Paid Reading Matter (18

U.S.C. 1734) (C200.4.4)

This section on the marking of paid

reading matter is carried word for word

from the current DMM. No comments

were received. The proposal is adopted.

Standards Applicable to All SecondClass Mail (E211)

31. Printed Sheets (E211.3.0)

Two commenters opposed the

revision to this section, with one

commenter suggesting that the

additional language would ‘‘limit the

types of publications included within

‘printed sheet’ and would exclude

publications printed on computerreadable plastic or metal sheets from

second-class eligibility.’’ The language

in E211.3.0 was not revised, but taken

word for word from current module C,

Characteristics and Content, of the

DMM. The Postal Service did not

propose to make any change in its

policy or interpretation concerning what

constitutes a printed sheet. Rather, the

proposal was solely intended to move

this provision to a more appropriate

position in module E, Eligibility. Four

commenters suggested that the section

be revised to include ‘‘plastic’’ to

describe permissible sheets mailed at

second-class rates, and one commenter

suggested that the section be revised to

include ‘‘a small swatch of cloth, fabric,

wallpaper, or plastic.’’ The current

language does not exclude materials

such as plastic, and the Postal Service

believes that retention of the words ‘‘or

other similar materials’’ is preferable to

an attempt to set forth a complete list of

eligible materials. The language is

adopted as proposed.

32. Contents (E211.7.3)

Five commenters suggested that this

section be revised to include ‘‘buyers’

guides’’ as permissible contents to

issues of a second-class publication. The

Postal Service believes that this is a

reasonable suggestion and has revised

the wording accordingly. The proposal

is adopted with this change.

33. Back Numbers and Reprints

(E211.9.0)

This section rewords for clarity

current DMM requirements governing

back numbers and reprints. No

comments were received. The proposal

is adopted.

34. Public Service (E211.11.2)

One comment was received

concerning the Postal Service’s

proposed definition of what constitutes

a public service announcement,

expressing the concern that material on

behalf of advertisers might be published

as part of a public service

announcement. The Postal Service’s

definition of advertising states, in part,

‘‘articles, items, and notices in the form

of reading matter inserted by custom or

understanding that textual matter is to

be inserted for the advertiser or the

advertiser’s products in the publication

in which a display advertisement

appears is ‘advertising.’ ’’ The Postal

Service believes that this provision is

adequate to protect against the

commenter’s concerns. Therefore, the

definition as proposed is adopted.

Mixed Classes (P070)

35. Enclosures in Second-Class

Publications (P070.2.0)

This section contains the general rule

for postage payment on enclosures in

second-class mail. Current P070.2.4,

which contains instructions on how to

mark mail including First- or third-class

enclosures, is moved from module P,

Postage and Payment Methods, to the

revised module C (see C200.2.8b). No

comments were received. The proposal

is adopted.

36. Computing Permit Imprint Postage

(P070.2.8)

This section clarifies the procedures

to follow when computing permit

imprint postage. No comments were

received. The proposal is adopted.

Basic Information (P200.1.0)

37. Measuring Advertising (P200.1.7)

One commenter asserted that this

section is ‘‘self-contradictory’’ because

some advertising space (e.g., columns as

well as borders) is required to be

counted twice under these instructions.

The proposed standard does not require

that advertising be counted twice.

Consistent with past practice, this

provision provides that the publisher

must use the same method to compute

the advertising/nonadvertising

percentage (e.g., column inches, square

inches, or pages) consistently

throughout the measurement process.

Instructions concerning the

measurement of portions of a page or

blank borders are only meant to ensure

that if an advertising rate is paid for the

material, it must be included in the

advertising percentage. For example, if

an advertiser who pays for a full page

of advertising to be measured in column

inches chooses to produce a small

advertisement surrounded by blank

space on a full page that contains 27

column inches, the entire 27 column

inches must be claimed at the

advertising rate even though a majority

of the page is blank space. The Postal

Service believes, therefore, that the

standard as proposed should be

adopted.

Two commenters found the final

sentence confusing in the section that

reads ‘‘[w]hen two or more sheets or

parts thereof are glued together, the

surface area of each sheet (front and

back) is included when measuring the

advertising or nonadvertising portion.’’

The Postal Service agrees with this

assessment and has changed the

language to read ‘‘[w]hen two or more

sheets are permanently glued together to

form a single sheet, the surface area of

the resulting sheet (front and back) is

included when measuring the

advertising or nonadvertising portion.’’

The proposal is adopted with this minor

clarification.

List of Subjects in 39 CFR Part 111

Postal Service.

In view of the considerations

discussed above, the Postal Service

hereby adopts the following

amendments to the Domestic Mail

Manual, which is incorporated by

reference in the Code of Federal

Regulations (see 39 CFR part 111.1).

PART 111—[AMENDED]

1. The authority citation for 39 CFR

part 111 continues to read as follows:
10026 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

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. Renumber existing Domestic Mail

Manual A200.1.0 (including Exhibit 1.3)

as A010.7.0; renumber subsections

accordingly and revise as shown below;

delete remainder of existing A200.

A010 General Information

* * * * *

7.0 ADDITIONAL STANDARDS FOR

SECOND-CLASS MAIL

7.1 Preparation

[Insert text of existing A200.1.1.]

7.2 Address Labels

[Insert text of existing A200.1.2.]

7.3 Address Placement

The delivery address must be clearly

visible on or through the outside of the

mailpiece, whether placed on a label or

directly on the host publication, a

component, or the mailing wrapper. If

placed on the mailing wrapper, the

address must be on a flat side, not on

a fold (see Exhibit 7.3). If a polybag is

used, the address must not appear on a

component that rotates within the bag,

and the address must remain visible

throughout the addressed component’s

range of motion.

7.4 Return Address

The return address must appear on

any mailing wrapper that is endorsed

‘‘Return Postage Guaranteed.’’

3. Replace current Domestic Mail

Manual C200, Second-Class Mail, with

the following:

C200 Second-Class Mail

1.0 PERMISSIBLE MAILPIECE

COMPONENTS

1.1 Pages

Pages are the printed sheets forming

the publication or one of the mailpiece’s

components, bearing advertising,

nonadvertising, or both, including pages

having textual and graphic matter (see

E211), blank spaces for writing or

marking, and material to be completed

or used by the reader. A minor portion

of the pages in a second-class mailpiece

may have unusual characteristics, such

as a different size, shape, or

construction, or portions that may be

wholly or partially separable; and pages

prepared for folding out. No page may

have dimensions (when folded, if

folded) that exceed the dimensions of

the publication. Pages are also subject to

these standards:

a. A detachable coupon, application,

or order form must relate directly to

advertising or nonadvertising matter

printed on the page of which it is a part

or to which it is attached.

b. Multilayer pages (including pages

formed by sheets glued together and

pages that have unusual shapes, such as

cutouts, movable flaps, or ‘‘pop-ups’’)

may include small amounts of fastening

material such as grommets, string, or

rubber bands as needed to assemble the

page. Multilayer pages may also be

formed as pouches or pockets but may

contain only permissible loose

enclosures (see 1.4) or other securely

affixed permissible components.

c. Multiple pages may be held

together by staples or other means

separate from and in addition to the

regular binding of the publication.

d. Oversized pages may be used for

illustrations, charts, maps, and other

advertising and nonadvertising content.

1.2 Parts and Sections

Parts and sections are pages (subject

to 1.1) that are physically separate

subdivisions of the publication, as

identified by the publisher. Each part or

section must show the publication

name, and the number of parts or

sections in the issue must be stated on

the cover of the first part or section.

Parts or sections produced by someone

other than the publisher may not be

mailed at second-class rates if these

parts or sections are prepared by or for

advertisers or if they are provided to the

publisher free or at a nominal charge.

On request, publishers must submit

contracts entered into with producers of

parts or sections.

1.3 Enclosures at First- or Third-Class

Rates

Matter to be paid at the applicable

First- or third-class rate may be enclosed

in a second-class mailpiece subject to

these conditions:

a. The total weight of all enclosed

third-class matter must be less than 16

ounces.

b. Postage and fee payment is subject

to P070. A permit imprint that may

appear on a First- or third-class

enclosure must not be visible when the

mailpiece is prepared for mailing except

as provided under P070.

c. When enclosing nonincidental

First- or any third-class mail,

combination envelopes or containers

with separate parts for the two classes

of mail may be used. If both the sender’s

and addressee’s names and addresses

are not on both pieces, the sender’s

name and address must be placed on

one piece and the addressee’s name and

address on the other. Combination

containers with inseparable parts may

bear the names and addresses on only

one part.

d. The applicable ‘‘First-Class Mail

Enclosed’’ or ‘‘Third-Class Mail

Enclosed’’ marking must be placed on or

in the host publication if it contains a

nonincidental First- or any third-class

enclosure. If placed on the outer

wrapper, polybag, envelope, or cover of

the host publication, the marking must

be set in type no smaller than any used

in the required ‘‘POSTMASTER: Send

change of address * * *’’ statement. If

placed in the identification statement,

the marking must meet the applicable

standards. The marking must not be on

or in copies not accompanied by a Firstor third-class enclosure unless

additional information is provided

under the applicable postage payment

standards in P070.

1.4 Enclosures at Second-Class Rates

Only the following material may be

included loose as an enclosure in a

second-class mailpiece and be paid at

second-class rates, subject to the

corresponding conditions:

a. An incidental First-Class piece

must be closely related but secondary to

the second-class publication with which

it is enclosed and must consist of matter

that, if mailed separately, would require

First-Class postage. Examples of an

incidental First-Class enclosure are a

bill for the publication, a statement of

account for past publication purchases,

or a personal message or greeting

included with the publication.

b. A receipt, request, or order for a

subscription may be printed or written;

prepared as a card or envelope,

including business reply, or as a

combination form for the host and one

or more second-class publications

issued by the same publisher; arranged

to include a coin receptacle; and

inserted in an envelope within the

publication. The receipt or request may

be part of or accompanied by a single

sheet of printed matter containing

information related exclusively to a

receipt or request or order for a

subscription to the host second-class

publication (or a combination of the

host and other second-class publications

of the same publisher) if that printed

matter does not advertise, promote, or

offer for sale other products or services.

c. A card or form for the recipient’s

use in providing address correction

information to the publisher may be

printed or written; prepared as a card or

envelope, including business reply, or

as a combination form for two or more

second-class publications issued by the

same publisher; inserted in an envelope

that is attached to, bound in, or loose

within the publication; or prepared as a

detachable part of another permissible

enclosure.
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 10027

d. Enclosures listed in 1.4b and 1.4c

are not counted when determining the

percentage of advertising in the

publication, but they are included in the

total weight of the publication reported

on the mailing statement. If the

publication otherwise consists entirely

of nonadvertising matter, an incidental

First-Class enclosure as described in

1.4a may be treated as nonadvertising

matter. In all other cases, an incidental

First-Class enclosure is considered part

of the advertising portion of the

publication.

1.5 Supplements

A supplement is one or more pages

(subject to 1.1) formed by one or more

printed sheets that are not bound into a

publication. A supplement may be

devoted to a single topic and may

contain material different from that in

the host publication. The external

dimensions of a supplement (i.e., its

length and height) may not exceed those

of the host publication. Supplements are

also subject to these conditions as

applicable:

a. A loose supplement to a bound

second-class publication must contain

at least 25% nonadvertising matter and

bear the endorsement ‘‘Supplement to’’

followed by the name of the publication

or the publisher. A bound publication

with one or more supplements must be

enclosed in a wrapper under 3.4. If a

supplement to a bound publication is

formed of more than one sheet, all

sheets making up the supplement must

be bound together.

b. A supplement to an unbound

publication must be combined with and

inserted within the publication under

3.3. If the supplement is included loose

outside the unbound publication, the

publication and its supplement must be

enclosed in a wrapper or envelope

under 3.4 and the supplement must bear

the endorsement ‘‘Supplement to’’

followed by the name of the publication

or publisher.

1.6 Covers

A cover may be placed on the outside

of a second-class publication. A

protective cover is an additional cover

placed around the outside of a

publication; preparation is subject to

3.5. Advertising, nonadvertising, or both

may be printed on the cover or

protective cover. The cover and

protective cover on a publication are

included when measuring advertising

percentage. Nothing may be attached to

the cover or protective cover except as

permitted under 1.8.

1.7 Mailing Wrappers

A mailing wrapper is an envelope,

sleeve, partial wrapper, or polywrap

used to enclose the mailpiece.

Advertising may be printed on the

mailing wrapper and is included when

measuring advertising percentage.

Nothing may be attached to the mailing

wrapper except as permitted under 1.8.

1.8 Attachments

The following may be attached to a

page, cover, protective cover, or mailing

wrapper of a publication:

a. Stickers of any size and shape. If

stickers are attached to the cover,

protective cover, or mailing wrapper, no

portion of the publication name may be

obscured.

b. Material allowed as a loose

enclosure described in 1.3 or 1.4. When

nonincidental First- and/or any thirdclass enclosures (see 1.3) are attached,

the marking ‘‘First-Class’’ or ‘‘Letter

Enclosed’’ must be on a First-Class

attachment; ‘‘Third-Class,’’ on a thirdclass attachment.

1.9 Printed Additions

Only the following may be printed on

a copy of a second-class publication

after it is printed or placed on its cover,

protective cover, or mailing wrapper:

a. The name and address of the

intended recipient or of the publisher or

sender.

b. The printed title of the publication

and its place of publication.

c. The expiration date of the

subscription.

d. Requests for address-correction

information from the addressee.

e. The words ‘‘Sample Copy’’ (on a

sample), ‘‘Marked Copy’’ (when the

copy contains a marked item or article),

or ‘‘Return Postage Guaranteed’’ (when

the copy is to be returned to the sender

if undeliverable as addressed).

f. The number of copies enclosed (on

the outside of a package) or a package

count (e.g., ‘‘2 of 4’’) (on a package

wrapper).

g. Corrections of typographical errors

or a mark, except by written or printed

words, to call attention to a word or

passage.

h. Printed messages not required to be

mailed as First-Class Mail or Express

Mail.

1.10 Label Carriers

A label carrier is a single unfolded,

uncreased sheet of card or paper stock,

securely affixed to the cover of the

publication or large enough so that it

does not rotate inside the wrapper (as

defined in 1.7) or cover the publication

title (if placed over the front cover), that

is used to carry the delivery address for

the mailpiece, subject to these

conditions:

a. The label carrier must bear the title

of the second-class publication; the

second-class imprint or ‘‘Second-Class’’

endorsement in the upper right corner

of the address side (unless ‘‘SecondClass’’ is printed on the address side of

the polybag); and the address to which

the mailpiece can be returned if

undeliverable (if endorsed ‘‘Return

Postage Guaranteed’’).

b. If the address remains clearly

visible, the label carrier may also bear

a request for address correction from the

addressee; information for requesting or

subscribing to the publication; or a

subscription or request form.

c. As applicable, the label carrier may

show the endorsement ‘‘First-Class Mail

Enclosed’’ or ‘‘Third-Class Mail

Enclosed’’ or the permit imprint used to

pay postage for the First- or third-class

enclosure if that permit imprint is below

the second-class imprint or the

endorsement ‘‘Second-Class.’’

d. Other printed information, whether

advertising or nonadvertising, is

permitted only on the back of the label

carrier and is subject to measurement

and postage payment accordingly. A

single line of text calling attention to

information on the reverse may be

placed on the front of the label carrier.

If any information on the reverse of the

label carrier is advertising, the line of

text on the front is also treated as

advertising.

2.0 IMPERMISSIBLE COMPONENTS

2.1 General Standard

Regardless of preparation or

characteristics, or whether otherwise

meeting the standards in 1.0, the

materials described in 2.2 through 2.5

are not eligible for second-class rates.

2.2 Prohibited Matter

Material that contains any one of the

following printed items or that is

referred to in a component of the

second-class mailpiece (by the use of

one of these items) is ineligible to be

mailed at second-class rates:

a. A separate price or subscription

instructions different from those of the

host publication.

b. The word ‘‘Catalog.’’

c. A First-, third-, or fourth-class

permit imprint.

d. An ISBN (International Standard

Book Number).

e. An ISSN (International Standard

Serial Number) or USPS number

different from that of the host

publication.
10028 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

2.3 Products

Products may not be mailed at

second-class rates. Examples include

stationery (such as pads of paper or

blank printed forms); cassettes; floppy

disks; merchandise; envelopes

containing enclosures, other than

receipts, orders for subscriptions, and

incidental First-Class matter; and wall,

desk, and blank calendars. Printed

pages, including oversized pages and

calendars, are not considered products

if they are not offered for sale.

2.4 Fourth-Class Mail

Fourth-class mail may not be

combined with a second-class

publication.

2.5 Nonprinted Sheets

Any matter not formed of printed

sheets (except as permitted under 1.1b)

is not eligible for second-class rates.

3.0 MAILPIECE CONSTRUCTION

3.1 Bound/Unbound

Publications may be prepared in

either a bound or unbound form, with

or without wrappers unless required by

3.6. A bound publication is a

publication in which pages are securely

held together by two or more staples,

spiral binding, glue, stitching, or other

permanent fastening. All other

publications are unbound, including

folded multisheet and single-sheet

publications and those in which pages

are loose and collated (‘‘nested’’) or in

which pages are held together by a

single staple.

3.2 Physical Size

Standards for size or weight may

apply to publications claimed at certain

rates. Requester publications must

contain at least 24 pages per issue.

3.3 Without Wrapper

When the mailpiece does not have a

mailing wrapper, all the components of

an unbound publication must be

combined with and inserted inside the

publication.

Only enclosures mailable at secondclass rates under 1.4 may be included

loose inside a bound unwrapped

publication. An enclosure under 1.3 or

1.4 may be securely attached on the

outside of an unwrapped publication

along the bound edge if it does not

exceed any dimension of the cover of

the publication and comes within 3/4

inch of the edge opposite the fold or

binding.

3.4 With Wrapper

Except as provided in 1.5, when the

mailpiece is completely enclosed in a

mailing wrapper, there are no

restrictions on where the components

may be located within that wrapper.

When a sleeve or other partial wrapper

is used, the components must be

secured so that they do not fall out

during handling. Bound publications

carrying loose supplements or prepared

in physically separate parts or sections

must be either completely enclosed in

an envelope, plastic wrapper (polybag),

or paper wrapper or inserted within a

sleeve so that the component parts do

not become separated while in the mail.

3.5 Protective Cover

If the mailpiece is not completely

enclosed in a mailing wrapper, any

protective cover must cover both the

front and back of the host publication

and extend to within at least 3/4 inch

of the edge opposite the fold or binding.

If the host publication is bound, the

protective cover must be permanently

attached to the publication.

3.6 APO/FPO Copies

Any single copy of an unbound

publication that includes any

enclosures, supplements, or more than

one part or section and that is mailed to

an APO/FPO address must be

completely enclosed in a mailing

wrapper.

3.7 Sealing

Second-class mail must be prepared

so that it can be easily examined. The

mailing of publications at second-class

postage rates represents consent by the

sender to USPS inspection of the

contents whether loose or inserted in

envelopes, wrappers, or other covers.

Mailers who want to ensure that

publications are not opened for postal

inspection must pay First-Class rates

and mark such mail accordingly.

4.0 PRINTED FEATURES

4.1 Publication Name; Notices

The publication name must be

displayed prominently on the

publication, and the name must be

visible through or displayed

prominently on any protective cover or

mailing wrapper. The publication name,

followed immediately by the USPS

publication number (or ISSN if one has

been assigned), and the mailing address

to which undeliverable copies or

change-of-address notices are to be sent

may be shown in the upper left corner

of the address side of a mailing wrapper

or directly on the outside of the host

publication if it can be read when the

mailing wrapper is in place. The

publication number includes an alpha

prefix and is to be within parentheses,

e.g., THE NATIONAL WEEKLY (ISSN

9876–543X) or THE COMMUNITY

(USPS 123–456).

4.2 Endorsements

Mailing wrappers that completely

enclose the host publication must bear

the words ‘‘Second-Class’’ in the upper

right corner of the address area. If a

clear plastic wrapper is used, those

words may appear anywhere on the

address side of the wrapper or the

topmost item inside.

4.3 Advertising

Advertising (as defined in E211) may

be printed on the pages of any

component of a publication, subject to

the corresponding standards. Regardless

of location, an advertisement must be

prepared as an integral part of the

publication. Except for advertisements

in supplements and on printed matter

included as part of a receipt or order (or

request) for a subscription, all

advertisements in a bound publication

must be permanently attached. Except

as provided in 1.4d, all advertising must

be included in the advertising portion of

the issue measured under P200.

Different advertising may occupy the

same space in different editions of the

same issue.

4.4 Marking of Paid Reading Matter (18

USC 1734)

If a valuable consideration is paid,

accepted, or promised for the

publication or any editorial or other

reading matter in a second-class

publication, that matter must be plainly

marked ‘‘advertisement’’ by the

publisher. When a single item of paid

editorial or other reading matter

occupies more than one page, it need

only be marked ‘‘advertisement’’ on the

first page. The word ‘‘advertisement’’

may be included in a statement that

explains why the material is marked

‘‘advertisement.’’ Such a statement must

be prominent on the first page of the

material and the word ‘‘advertisement’’

in the statement must be in bold or

italicized print or otherwise emphasized

so that it can be plainly seen. Editors or

publishers who print such matter

without plainly marking it

‘‘advertisement’’ are subject to a fine of

not more than $500.

4. Revise Domestic Mail Manual E211,

Standards Applicable to All SecondClass Mail, to read as follows:

E211 Standards Applicable to All SecondClass Mail

* * * * *

3.0 PRINTED SHEETS

[Insert the following after the first

sentence:]
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 10029

* * * Sheets may be die cut or deckleedged and may be made of paper,

cellophane, foil, or other similar

materials. * * *

* * * * *

7.0 ISSUES

* * * * *

7.3 Contents

Issues may include annual reports,

directories, buyers’’ guides, lists, and

similar material prepared as part of the

contents if copies of these issues bear

the publication name and are included

in the regular subscription price.

* * * * *

9.0 BACK NUMBERS AND REPRINTS

[Combine 9.1 and 9.2; revise as follows:]

Second-class rates may be paid on

mailings of back issues (if the

publication’s second-class entry is in

effect). Reprint copies of daily

publications printed within 1 week of

the issue date and reprint copies of

other than daily publications printed

before the next issue is printed are also

mailable at second-class rates. Other

mailings of reprint or back issues,

including permanently bound reprint or

back issues, are subject to the applicable

First-, third-, or fourth-class rates.

* * * * *

11.0 ADVERTISING STANDARDS

* * * * *

11.2 Public Service

Public service announcements are

announcements for which no valuable

consideration is received by the

publisher, which do not include any

matter related to the business interests

of the publisher, and which promote

programs, activities, or services of

federal, state, or local governments or of

nonprofit organizations, or matters

generally regarded as in the public

interest. Public service announcements

are not treated as advertising.

* * * * *

5. Revise Domestic Mail Manual P070,

Mixed Classes, to read as follows:

P070 Mixed Classes

* * * * *

2.0 ENCLOSURES IN SECOND-CLASS

PUBLICATIONS

* * * * *

[Delete existing 2.4; renumber

succeeding sections accordingly.]

* * * * *

2.8 Computing Permit Imprint Postage

[Renumber as 2.7 and insert the

following after the first sentence:]

* * * The enclosure is eligible for the

rate for its class of mail that is most

comparable to the presort and

destination discounts that apply to the

second-class host piece. For example, a

third-class enclosure is eligible for the

SCF entry discount if the publication is

deposited at the destinating SCF. When

more than one enclosure of the same

class of mail is enclosed with a

publication, the enclosures are treated

as a single enclosure for computing

postage. * * *

* * * * *

6. In Domestic Mail Manual P200,

Second-Class Mail, renumber current

1.7 through 1.11 as 1.8 through 1.12,

respectively; delete current 2.3;

renumber 2.4 and 2.5 as 2.3 and 2.4,

respectively; add new 1.7 to read as

follows:

P200 Second-Class Mail

1.0 BASIC INFORMATION

* * * * *

1.7 Measuring Advertising

The total advertising and

nonadvertising portions may be

determined by column inches, square

inches, pages, or by another recognized

unit of measure if the same unit of

measure is used for both portions. One

full page of advertising must equal one

full page of nonadvertising regardless of

the amount of blank space between each

advertisement or nonadvertising article

on a page. If measured in column

inches, nonadvertising inches are

determined by subtracting the total

measured advertising inches from the

total column inches of the publication.

A blank page, portion of a page, or blank

border or margin is counted as

advertising if consideration was

received for the whole page, the blank

portion, or the blank border or margin.

The border of a page is otherwise

considered neither advertising nor

nonadvertising and is not measured, but

it is included in the total weight of the

publication for purposes of postage

calculation. When measuring

nonrectangular sheets, the measurement

is based on the smallest rectangle that

could contain the irregular sheet; exact

measurement is not attempted. When

two or more sheets are permanently

glued together to form a single sheet, the

surface area of the resulting sheet (front

and back) is included when measuring

the advertising or nonadvertising

portion.

* * * * *

A transmittal letter making these

changes in the pages of the Domestic

Mail Manual will be published in the

Federal Register as provided by 39 CFR

111.3.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–4333 Filed 2–22–95; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

OMB Approvals Under the Paperwork

Reduction Act

CFR Correction

In Title 40 of the Code of Federal

Regulations, parts 1 to 51, revised as of

July 1, 1994, in § 9.1, in the Standards

of Performance for New Stationary

Sources table, the OMB control number

for the entry ‘‘60.703–60.705’’ is

corrected to read ‘‘2060–0269’’.

BILLING CODE 1505-01-D

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43–CFR Public Land Order 7116

[AK–932–1430–01; AA–58374]

Public Land Order No. 7104,

Correction; Partial Revocation of

Executive Order dated October 8, 1914,

as Modified; Alaska

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order will correct an

error in the legal description in Public

Land Order No. 7104.

EFFECTIVE DATE: February 23, 1995.

FOR FURTHER INFORMATION CONTACT: Sue

A. Wolf, BLM Alaska State Office, 222

W. 7th Avenue, No. 13, Anchorage,

Alaska 99513–7599, 907–271–5477.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

The legal description, as stated in

Public Land Order No. 7104, 59 FR

62609, December 6, 1994, is hereby

corrected to show the lands following

the word ‘‘except’’ are now being

revoked. The changes are as follows:

On page 62609, third column, delete

lines 4 through 8. In line 9, delete the

words ‘‘discharge; except’’ and in line

16, delete the word ‘‘except’’.