32656 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

DEPARTMENT OF EDUCATION

34 CFR Parts 639, 651, 652, and 667

Removal of Regulations

AGENCY: Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary amends the

Code of Federal Regulations (CFR) to

remove unnecessary and obsolete

regulations. The regulations removed

are 34 CFR parts 639 (Law School

Clinical Experience Program), 651

(Training in the Legal Profession), 652

(National Science Scholars Program),

and 667 (State Postsecondary Review

Program). As a result of new legislation,

absence of funding, and review in

accordance with the President’s

regulatory reinvention initiative, the

Secretary has determined that these

regulations are no longer needed.

EFFECTIVE DATE: Parts 651, 652, and 667

are removed effective June 25, 1996.

Part 639 is removed effective September

30, 1996.

FOR FURTHER INFORMATION CONTACT:

Kenneth C. Depew, U.S. Department of

Education, Room 5112, FB–10, 600

Independence Avenue, SW,

Washington, DC 20202–2241.

Telephone: (202) 401–8300. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m., Eastern time, Monday through

Friday.

SUPPLEMENTARY INFORMATION: President

Clinton’s memorandum of March 4,

1995, titled ‘‘Regulatory Reinvention

Initiative,’’ directed heads of

departments and agencies to review all

existing regulations to eliminate those

that are outdated and modify others to

increase flexibility and reduce burden.

The Department has undertaken a

thorough review of its existing

regulations and has identified the

regulations removed by this document

as obsolete or unnecessary. Additional

obsolete and unnecessary regulations

were previously removed on May 23,

1995 (60 FR 27223) and on April 29,

1996 (61 FR 18680) as part of the

Regulatory Reinvention Initiative.

The regulations being removed are no

longer necessary to administer the

program, have been superseded by new

legislation, or were issued to implement

a program that is no longer funded. To

the extent that regulations are needed to

implement new legislation, they will be

issued separately from this document.

Any determination to issue new

regulations will be carefully considered

to ensure that it is consistent with the

President’s regulatory reform efforts and

the principles in Executive Order 12866.

The Department is continuing to

review its other existing regulations

thoroughly in consultation with its

customers and partners. To the extent

the Secretary can identify further

opportunities for regulatory reinvention,

the Secretary will propose appropriate

amendments to revise or eliminate

outdated provisions, reduce burden, and

increase flexibility.

Waiver of Proposed Rulemaking

In accordance with the

Administrative Procedure Act (5 U.S.C.

553), it is the practice of the Secretary

to offer interested parties the

opportunity to comment on proposed

regulations. However, these regulations

merely reflect statutory changes and

remove unnecessary and obsolete

regulatory provisions. Removal of the

regulations does not establish or affect

substantive policy. Therefore, the

Secretary has determined, pursuant to 5

U.S.C. 553(b)(B), that public comment is

unnecessary and contrary to the public

interest. For the same reasons the

Secretary waives the 30-day delayed

effective date in 5 U.S.C 553(d).

Paperwork Reduction Act of 1980

These regulations have been

examined under the Paperwork

Reduction Act of 1980 and have been

found to contain no information

collection requirements.

Assessment of Educational Impact

Based on its own review, the

Department has determined that the

regulations in this document do not

require transmission of information that

is being gathered by or is available from

any other agency or authority of the

United States.

List of Subjects

34 CFR Part 639

College and universities, Grant

programs-education, Law.

34 CFR Part 651

Colleges and universities, Grant

programs-education, Law.

34 CFR Part 652

Grant programs-education, Science

and technology, Student aid.

34 CFR Part 667

Colleges and universities, Grant

programs-education, Student aid.

(Catalog of Federal Domestic Assistance

numbers do not apply.)

Dated: June 19, 1996.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

For reasons stated in the preamble,

under the authority at 20 U.S.C. 1221e–

3, the Secretary amends Title 34 of the

Code of Federal Regulations by

removing Parts 639, 651, 652, and 667.

PARTS 639, 651, 652 and 667—

[REMOVED]

[FR Doc. 96–16082 Filed 6–24–96; 8:45 am]

BILLING CODE 4000–01–P

POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket Nos. RM96–1, MC95–1 and MC96–

1; Order No. 1119]

Amendments to Domestic Mail

Classification Schedule: Mail

Classification Reform, Classification

Reform I (MC95–1) and Experimental

First-Class and Priority Mail Small

Parcel Automation Rate Category

(MC96–1)

AGENCY: Postal Rate Commission.

ACTION: Final rule.

SUMMARY: This final rule sets forth the

changes to the Domestic Mail

Classification Schedule (DMCS) and the

accompanying rate changes as a result of

recent Governors’ Decisions on

Recommended Decisions of the Postal

Rate Commission in Docket Nos. MC95–

1 and MC96–1. As a result of Docket No.

MC95–1, substantial changes were made

in the classification provisions for

postal services to reflect the reformed

classification of mail. Docket No.

MC96–1 established experimental

automation rate categories and 4-cent

per piece discounts for certain bulk

barcoded First-Class and Priority Mail

small parcels entered for processing at

three test sites. For this reason,

Appendix A to Subpart C has been

revised in its entirety.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, Legal Advisor,

Postal Rate Commission, 1333 H Street,

NW, Suite 300, Washington, DC 20268–

0001, (202) 789–6820.

SUPPLEMENTARY INFORMATION: On March

24, 1995, the United States Postal

Service, pursuant to its authority under

39 U.S.C 3621 et seq., filed with the

Postal Rate Commission (Commission) a

request for a recommended decision on

mail classification reform. The

Commission designated the Postal
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32657

Service request as Docket No. MC95–1

and published a notice in the Federal

Register on April 3, 1995, (60 FR

16888–16893), describing the Postal

Service filing and offering interested

participants an opportunity to

intervene. Sixty-eight intervenors and

the Commission’s Office of the

Consumer Advocate participated. The

Commission held formal, on-the-record

hearings, and received testimony from

both Postal Service and intervenor

witnesses. Parties filed briefs, reply

briefs and participated in oral argument.

On January 26, 1996, the Commission

issued its Opinion and Recommended

Decision in Docket No. MC95–1. The

Decision included recommended

revisions to the DMCS. See Docket No.

MC95–1 Opinion and Recommended

Decision, January 26, 1996, Appendix

Two.

On March 4, 1996, the Governors of

the United States Postal Service,

pursuant to their authority under 39

U.S.C. 3625, issued two separate

decisions. In the Decision of the

Governors of the United States Postal

Service on the Recommended Decisions

of the Postal Rate Commission on

Courtesy Envelope Mail and Bulk Parcel

Post, the Governors rejected the

Commission’s recommendation for

establishing a ‘‘shell’’ rate category for

prebarcoded Courtesy Envelope Mail

and the recommended language

defining Bulk Parcel Post. The

Governors rejected the DMCS language

recommendation for §§ 221.23 (CEM)

and § 322.13 (Bulk Parcel Post), and left

in effect the current provision for Bulk

Parcel Post, § 400.0202. In the Decision

of the Governors of the United States

Postal Service on the Recommended

Decision of the Postal Rate Commission

on Classification Reform I, Docket No.

MC95–1 the Governors approved the

Commission’s recommendations on all

other DMCS provisions and rate

changes. July 1, 1996 was set as the

effective date for those changes.

On December 19, 1995, the United

States Postal Service, pursuant to its

authority under 39 U.S.C. 3621 et. seq.,

filed a request with the Postal Rate

Commission for an expedited decision

on an experimental rate category for

specific types of First-Class and Priority

Mail. The filing was designated as

Docket No. MC96–1 and a notice of the

filing, and a description of the Postal

Service proposal, was published in the

Federal Register on December 27, 1995,

(60 FR 66999–67000). The notice

established a period for interested

participants to intervene. The

Commission determined that the Postal

Service request met the conditions of an

experimental offering and established

an expedited schedule for this review.

In accordance with 39 U.S.C. 3624, on

March 13, 1996, the Commission issued

its Opinion and Recommended Decision

on the Postal Service’s request. The

Commission recommended the

establishment of the experimental

automation rate category for a two year

period and Appendix Two, Part B, to its

Decision contains the DMCS provisions

for this rate category.

On April 8, 1996, the Governors

issued a decision accepting the

Recommended Decision of the Postal

Rate Commission, and by Resolution

No. 96–3 established April 28, 1996 as

the effective date for implementation.

Decision of the Governors of the United

States Postal Service on the

Recommended Decision of the Postal

Rate Commission on the Experimental

First-Class and Priority Mail Small

Parcel Automation Rate Category,

Docket No. MC96–1, April 1, 1996.

The amendments to the DMCS which

are published in this order reflect the

Governors’ decisions of March 4, 1996

and April 1, 1996. These revisions are

published as a final rule, since

procedural safeguards and ample

opportunity for opposition have already

been afforded to all interested persons.

Regulatory Flexibility Act

Pursuant to 5 U.S.C. 605(b) of the

Regulatory Flexibility Act, the

Commission certifies that this

rulemaking is not expected to have a

significant economic impact on a

substantial number of small entities.

Accordingly, regulatory flexibility

analysis is not required.

List of Subjects in 39 CFR Part 3001

Administrative practice and

procedure, Postal Service.

For reasons set out in the preamble,

39 CFR part 3001 is revised as follows:

PART 3001—RULES OF PRACTICE

AND PROCEDURE

1. The authority citation for part 3001

continues to read as follows:

Authority: 39 U.S.C. 404(b), 3603, 3622–

3624, 3661, 3662.

2. Appendix A to Subpart C—Postal

Service Rates and Charges is revised to

read as follows:

Appendix A to Subpart C—Postal

Service Rates and Charges

Table of Contents

General Definitions, Terms and Conditions—

Sections 1000 through 6030

Classification Schedule 100—Expedited Mail

Sec.

110 Definition

120 Description of Services

121 Same Day Airport Service

122 Custom Designed Service

123 Next Day Service and Second Day

Service

130 Physical Limitations

140 Postage and Preparation

150 Deposit and Delivery

151 Deposit

152 Receipt

153 Service

154 Forwarding and Return

160 Ancillary Services

170 Rates and Fees

180 Insurance and Indemnity

181 Insurance Coverage

182 Indemnity Coverage

183 Insurance Claims and Procedures

184 Refunds

Classification Schedule 200—First-Class Mail

Sec.

210 Definition

220 Description of Subclasses

221 Letters and Sealed Parcels Subclass

222 Postal and Post Cards Subclass

223 Priority Mail

230 Physical Limitations

231 Size and Weight

232 Nonstandard Size Mail

240 Postage and Preparation

250 Deposit and Delivery

251 Deposit

252 Service

253 Forwarding and Return

260 Ancillary Services

270 Rates and Fees

280 Authorizations and Licenses

Classification Schedules 300—Standard Mail

Sec.

310 Definition

311 General

312 Printed Matter

313 Written Additions

320 Description of Subclasses

321 Subclasses Limited to Mail Weighing

Less Than 16 Ounces

322 Subclasses Limited to Mail Weighing

16 Ounces or More

323 Subclasses with No 16–Ounce

Limitation

330 Physical Limitations

331 Size

332 Weight

333 Nonstandard Size Mail

340 Postage and Preparation

341 Postage

342 Preparation

343 Non-Identical Pieces

344 Attachments and Enclosures

350 Deposit and Delivery

351 Deposit

352 Service

353 Forwarding and Return

360 Ancillary Services

361 All Subclasses
32658 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

362 Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

Subclasses

370 Rates and Fees

380 Authorizations and Licenses

381 Regular, Enhanced Carrier Route, and

Nonprofit Subclasses

382 Special Subclass

383 Parcel Post Subclass

Classification Schedule 400—Periodicals

Sec.

410 Definition

411 General Requirements

412 General Publications

413 Requester Publications

414 Publications of Institutions and

Societies

415 Publications of State Departments of

Agriculture

416 Foreign Publications

420 Description of Subclasses

421 Regular Subclass

422 [Reserved]

423 Preferred Rate Periodicals

430 Physical Limitations

440 Postage and Preparation

441 Postage

442 Presortation

443 Attachments and Enclosures

444 Identification

445 Filing of Information

446 Enclosures and Supplements

450 Deposit and Delivery

451 Deposit

452 Service

453 Forwarding and Return

460 Ancillary Services

470 Rates and Fees

480 Authorizations and Licenses

481 Entry Authorizations

482 Preferred Rate Authorization

483 Mailing by Publishers and News Agents

434 Fees

Classification Schedule SS–1—Address

Correction Service

Classification Schedule SS–2—Business

Reply Mail

Classification Schedule SS–3—Caller Service

Classification Schedule SS–4—Certificate of

Mailing

Classification Schedule SS–5—Certified Mail

Classification Schedule SS–6—Collect on

Delivery Service

Classification Schedule SS–8—Domestic

Postal Money Orders

Classification Schedule SS–9—Insured Mail

Classification Schedule SS–10—Post Office

Box Service

Classification Schedule SS–11—Mailing List

Services

Classification Schedule SS–12—On-Site

Meter Setting

Classification Schedule SS–13—Parcel Airlift

(PAL)

Classification Schedule SS–14—Registered

Mail

Classification Schedule SS–15—Restricted

Delivery

Classification Schedule SS–16—Return

Receipts

Classification Schedule SS–17—Special

Delivery

Classification Schedule SS–18—Special

Handling

Classification Schedule SS–19—Stamped

Envelopes

Classification Schedule SS–20—Merchandise

Return

Rate Schedules

General Definitions, Terms and

Conditions

1000 GENERAL DEFINITIONS

As used in this Domestic Mail

Classification Schedule, the following

terms have the meanings set forth

below.

1001 Advertising

Advertising includes all material for

the publication of which a valuable

consideration is paid, accepted, or

promised, that calls attention to

something for the purpose of getting

people to buy it, sell it, seek it, or

support it. If an advertising rate is

charged for the publication of reading

matter or other material, such material

shall be deemed to be advertising.

Articles, items, and notices in the form

of reading matter inserted in accordance

with a custom or understanding that

textual matter is to be inserted for the

advertiser or his products in the

publication in which a display

advertisement appears are deemed to be

advertising. If a publisher advertises his

own services or publications, or any

other business of the publisher, whether

in the form of display advertising or

editorial or reading matter, this is

deemed to be advertising.

1002 Aspect Ratio

Aspect ratio is the ratio of width to

length.

1003 Bills and Statements of Account

1003.1 A bill is a request for

payment of a definite sum of money

claimed to be owing by the addressee

either to the sender or to a third party.

The mere assertion of an indebtedness

in a definite sum combined with a

demand for payment is sufficient to

make the message a bill.

1003.2 A statement of account is the

assertion of the existence of a debt in a

definite amount but which does not

necessarily contain a request or a

demand for payment. The amount may

be immediately due or may become due

after a certain time or upon demand or

billing at a later date.

1003.3 A bill or statement of account

must present the particulars of an

indebtedness with sufficient

definiteness to inform the debtor of the

amount he is required to pay to acquit

himself of the debt. However, neither a

bill nor a statement of account need

state the precise amount if it contains

sufficient information to enable the

debtor to determine the exact amount of

the claim asserted.

1003.4 A bill or statement of account

is not the less a bill or statement of

account merely because the amount

claimed is not in fact owing or may not

be legally collectible.

1004 Girth

Girth is the measurement around a

piece of mail at its thickest part.

1005 Invoice

An invoice is a writing showing the

nature, quantity, and cost or price of

items shipped or sent to a purchaser or

consignor.

1006 Permit Imprints

Permit imprints are printed indicia

indicating postage has been paid by the

sender under the permit number shown.

1007 Preferred Rates

Preferred rates are the reduced rates

established pursuant to 39 U.S.C. 3626.

1008 ZIP Code

The ZIP Code is a numeric code that

facilitates the sortation, routing, and

delivery of mail.

2000 DELIVERY OF MAIL

2010 Delivery Services

The Postal Service provides the

following modes of delivery:

a. Caller service. The fees for caller

service are set forth in Rate Schedule

SS–10.

b. Carrier delivery service.

c. General delivery.

d. Post office box service. The fees for

post office box service are set forth in

Rate Schedule SS–10.

2020 Conditions of Delivery

2021 General. Except as provided in

section 2022, mail will be delivered as

addressed unless the Postal Service is

instructed otherwise by the addressee in

writing.

2022 Refusal of Delivery. The

addressee may control delivery of his

mail. The addressee may refuse to

accept a piece of mail that does not

require a delivery receipt at the time it

is offered for delivery or after delivery

by returning it unopened to the Postal

Service. For mail that requires a

delivery receipt, the addressee or his

representative may read and copy the

name of the sender of registered,

insured, certified, COD, return receipt,

and Express Mail prior to accepting

delivery. Upon signing the delivery

receipt the piece may not be returned to

the Postal Service without the

applicable postage and fees affixed.

2023 Receipt. If a signed receipt is

required, mail will be delivered to the

addressee (or competent member of his
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32659

family), to persons who customarily

receive his mail or to one authorized in

writing to receive the addressee’s mail.

2024 Jointly Addressed Mail. Mail

addressed to several persons may be

delivered to any one of them. When two

or more persons make conflicting orders

for delivery for the same mail, the mail

shall be delivered as determined by the

Postal Service.

2025 Commercial Mail Receiving

Agents. Mail may be delivered to a

commercial mail receiving agency on

behalf of another person. In

consideration of delivery of mail to the

commercial agent, the addressee and the

agent are considered to agree that:

a. No change of address order will be

filed with the post office when the

agency relationship is terminated;

b. When remailed by the commercial

agency, the mail is subject to payment

of new postage.

2026 Mail Addressed To

Organizations. Mail addressed to

governmental units, private

organizations, corporations,

unincorporated firms or partnerships,

persons at institutions (including but

not limited to hospitals and prisons), or

persons in the military is delivered as

addressed or to an authorized agent.

2027 Held Mail. Mail will be held

for a specified period of time at the

office of address upon request of the

addressee, unless the mail:

a. Has contrary retention instructions;

b. Is perishable; or

c. Is registered, COD, insured, return

receipt, certified, or Express Mail for

which the normal retention period

expires before the end of the specified

holding period.

2030 Forwarding and Return

2031 Forwarding. Forwarding is the

transfer of undeliverable-as-addressed

mail to an address other than the one

originally placed on the mail piece. All

post offices will honor change of

address orders for a period of time

specified by the Postal Service.

2032 Return. Return is the delivery

of undeliverable-as-addressed mail to

the sender.

2033 Applicable Provisions. The

provisions of sections 150, 250, 350 and

450 apply to forwarding and return.

2034 Forwarding for Postal Service

Adjustments. When mail is forwarded

due to Postal Service adjustments (such

as, but not limited to, the

discontinuance of the post office of

original address, establishment of rural

carrier service, conversion to city

delivery service from rural,

readjustment of delivery districts, or

renumbering of houses and renaming of

streets), it is forwarded without charge

for a period of time specified by the

Postal Service.

3000 POSTAGE AND PREPARATION

3010 Packaging

Mail must be packaged so that:

a. The contents will be protected

against deterioration or degradation;

b. The contents will not be likely to

damage other mail, Postal Service

employees or property, or to become

loose in transit;

c. The package surface must be able

to retain postage indicia and address

markings;

d. It is marked by the mailer with a

material which is not readily water

soluble nor which can be easily rubbed

off or smeared, and the marking will be

sharp and clear.

3020 Envelopes

Paper used in the preparation of

envelopes may not be of a brilliant

color. Envelopes must be prepared with

paper strong enough to withstand

normal handling.

3030 Payment of Postage and Fees

Postage must be fully prepaid on all

mail at the time of mailing, except as

authorized by law or this Schedule.

Except as authorized by law or this

Schedule, mail deposited without

prepayment of sufficient postage shall

be delivered to the addressee subject to

payment of deficient postage, returned

to the sender, or otherwise disposed of

as prescribed by the Postal Service. Mail

deposited without any postage affixed

will be returned to the sender without

any attempt at delivery.

3040 Methods for Paying Postage and

Fees

Postage for all mail may be prepaid by

postage meter, adhesive stamps, or

permit imprint, unless otherwise

limited or prescribed by the Postal

Service. The following methods of

paying postage and fees require prior

authorization from the Postal Service:

a. Permit imprint,

b. Postage meter,

c. Precanceled stamps, precanceled

envelopes, and mailer’s precanceled

postmarks.

3050 Authorization Fees

Fees for authorization to use a permit

imprint are set forth in Rate Schedule

1000. No fee is charged for authorization

to use a postage meter. Fees for setting

postage meters are set forth in Rate

Schedule SS–12. No fee is charged for

authorization to use precanceled

stamps, precanceled envelopes or

mailer’s precanceled postmark.

3060 Special Service Fees

Fees for special services may be

prepaid in any manner appropriate for

the class of mail indicated or as

otherwise prescribed by the Postal

Service.

3070 Marking of Unpaid Mail

Matter authorized for mailing without

prepayment of postage must bear

markings identifying the class of mail

service. Matter so marked will be billed

at the applicable rate of postage set forth

in this Schedule. Matter not so marked

will be billed at the applicable FirstClass rate of postage.

3080 Refund of Postage

When postage and special service fees

have been paid on mail for which no

service is rendered for the postage or

fees paid, or collected in excess of the

lawful rate, a refund may be made.

There shall be no refund for registered,

COD, and insured fees when the article

is later withdrawn by the mailer. In

cases involving returned articles

improperly accepted because of excess

size or weight, a refund may be made.

3090 Calculation of Postage

When a rate schedule contains per

piece and per pound rates, the postage

shall be the sum of the charges

produced by those rates. When a rate

schedule contains a minimum-per-piece

rate and a pound rate, the postage shall

be the greater of the two. When the

computation of postage yields a fraction

of a cent in the charge, the next higher

whole cent must be paid.

4000 POSTAL ZONES

4010 Geographic Units of Area

In the determination of postal zones,

the earth is considered to be divided

into units of area thirty minutes square,

identical with a quarter of the area

formed by the intersecting parallels of

latitude and meridians of longitude. The

distance between these units of area is

the basis of the postal zones.

4020 Measurement of Zone Distances

The distance upon which zones are

based shall be measured from the center

of the unit of area containing the

dispatching sectional center facility or

multi-ZIP coded post office not serviced

by a sectional center facility. A post

office of mailing and a post office of

delivery shall have the same zone

relationship as their respective sectional

center facilities or multi-ZIP coded post

offices, but this shall not cause two post

offices to be regarded as within the same

local zone.
32660 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

4030 Definition of Zones

4031 Local Zone. The local zone

applies to mail mailed at any post office

for delivery at that office; at any city

letter carrier office or at any point

within its delivery limits for delivery by

carriers from that office; at any office

from which a rural route starts for

delivery on the same route; and on a

rural route for delivery at the office from

which the route starts or on any rural

route starting from that office.

4032 First Zone. The first zone

includes all territory within the

quadrangle of entry in conjunction with

every contiguous quadrangle,

representing an area having a mean

radial distance of approximately 50

miles from the center of a given unit of

area. The first zone also applies to mail

between two post offices in the same

sectional center.

4033 Second Zone. The second zone

includes all units of area outside the

first zone lying in whole or in part

within a radius of approximately 150

miles from the center of a given unit of

area.

4034 Third Zone. The third zone

includes all units of area outside the

second zone lying in whole or in part

within a radius of approximately 300

miles from the center of a given unit of

area.

4035 Fourth Zone. The fourth zone

includes all units of area outside the

third zone lying in whole or in part

within a radius approximately 600 miles

from the center of a given unit of area.

4036 Fifth Zone. The fifth zone

includes all units of area outside the

fourth zone lying in whole or in part

within a radius of approximately 1,000

miles from the center of a given unit of

area.

4037 Sixth Zone. The sixth zone

includes all units of area outside the

fifth zone lying in whole or in part

within a radius of approximately 1,400

miles from the center of a given unit of

area.

4038 Seventh Zone. The seventh

zone includes all units of area outside

the sixth zone lying in whole or in part

within a radius of approximately 1,800

miles from the center of a given unit of

area.

4039 Eighth Zone. The eighth zone

includes all units of area outside the

seventh zone.

4040 Zoned Rates

Except as provided in section 4050,

rates according to zone apply for zonerated mail sent between Postal Service

facilities including armed forces post

offices, wherever located.

4050 APO/FPO Mail

4051 General. Except as provided in

section 4052, the rates of postage for

zone-rated mail transported between the

United States, or the possessions or

territories of the United States, on the

one hand, and Army, Air Force and

Fleet Post Offices on the other, or among

the latter, shall be the applicable zone

rates for mail between the place of

mailing or delivery and the city of the

postmaster serving the Army, Air Force

or Fleet Post Office concerned.

4052 Transit Mail. The rates of

postage for zone-rated mail which is

mailed at or addressed to an armed

forces post office and which is

transported directly to or from armed

forces post offices at the expense of the

Department of Defense, without

transiting any of the 48 contiguous

states (including the District of

Columbia), shall be the applicable local

zone rate; provided, however, that if the

distance from the place of mailing to the

embarkation point or the distance from

the point of debarkation to the place of

delivery is greater than the local zone

for such mail, postage shall be assessed

on the basis of the distance from the

place of mailing to the embarkation

point or the distance from the point of

debarkation to the place of delivery of

such mail, as the case may be. The word

‘‘transiting’’ does not include enroute

transfers at coastal gateway cities which

are necessary to transport military mail

directly between military post offices.

5000 PRIVACY OF MAIL

5010 First-Class and Express Mail

Matter mailed as First-Class Mail or

Express Mail shall be treated as mail

which is sealed against postal

inspection and shall not be opened

except as authorized by law.

5020 All Other Mail

Matter not paid at First-Class Mail or

Express Mail rates must be wrapped or

secured in the manner prescribed by the

Postal Service so that the contents may

be examined. Mailing of sealed items as

other than First-Class Mail or Express

Mail is considered consent by the

sender to the postal inspection of the

contents.

6000 MAILABLE MATTER

6010 General

Mailable matter is any matter which:

a. Is not mailed in contravention of 39

U.S.C. Chapter 30, or of 17 U.S.C. 109;

b. While in the custody of the Postal

Service is not likely to become damaged

itself, to damage other pieces of mail, to

cause injury to Postal Service employees

or to damage Postal Service property;

and

c. Is not mailed contrary to any

special conditions or limitations placed

on transportation or movement of

certain articles, when imposed under

law by the U.S. Department of the

Treasury; U.S. Department of

Agriculture; U.S. Department of

Commerce; U.S. Department of Health

and Human Services, U.S. Department

of Transportation; and any other Federal

department or agency having legal

jurisdiction.

6020 Minimum Size Standards

The following minimum size

standards apply to all mailable matter:

a. All items must be at least 0.007

inches thick, and

b. all items, other than keys and

identification devices, which are 0.25

inch thick or less must be

i. rectangular in shape,

ii. at least 3.5 inches in width, and

iii. at least 5 inches in length.

6030 Maximum Size and Weight

Standards

Where applicable, the maximum size

and weight standards for each class of

mail are set forth in sections 130, 230,

330 and 430. Additional limitations may

be applicable to specific subclasses, and

rate and discount categories as provided

in the eligibility provisions for each

subclass or category.

Expedited Mail Classification Schedule

110 DEFINITION

Expedited Mail is mail matter entered

as Express Mail in accordance with the

provisions of this Schedule. Any matter

eligible for mailing may, at the option of

the mailer, be mailed as Express Mail.

120 Description of Services

121 Same Day Airport Service

Same Day Airport service is available

between designated airport mail

facilities.

122 Custom Designed Service

122.1 General. Custom Designed

service is available between designated

postal facilities or other designated

locations for mailable matter tendered

in accordance with a service agreement

between the Postal Service and the

mailer. Service under a service

agreement shall be offered in a manner

consistent with 39 U.S.C. 403(c).

122.2 Service Agreement. A service

agreement shall set forth the following:

a. The scheduled place for each

shipment tendered for service to each

specific destination;

b. Scheduled place for claim, or

delivery, at destination for each

scheduled shipment;
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32661

c. Scheduled time of day for tender at

origin and for claim or delivery at

destination.

122.3 Pickup and Delivery. Pickup

at the mailer’s premises, and/or delivery

at an address other than the destination

postal facility is provided under terms

and conditions as prescribed by the

Postal Service.

122.4 Commencement of Service

Agreement. Service provided pursuant

to a service agreement shall commence

not more than 10 days after the signed

service agreement is tendered to the

Postal Service.

122.5 Termination of Service

Agreement

122.51 Termination by Postal

Service. Express Mail service provided

pursuant to a service agreement may be

terminated by the Postal Service upon

10 days prior written notice to the

mailer if:

a. Service cannot be provided for

reasons beyond the control of the Postal

Service or because of changes in Postal

Service facilities or operations, or

b. The mailer fails to adhere to the

terms of the service agreement or this

schedule.

122.52. Termination by Mailers. The

mailer may terminate a service

agreement, for any reason, by notice to

the Postal Service.

123 Next Day Service and Second Day

Service

123.1 Availability of Services. Next

Day and Second Day Services are

available at designated retail postal

facilities to designated destination

facilities or locations for items tendered

by the time or times prescribed by the

Postal Service. Next Day Service is

available for overnight delivery. Second

Day Service is available for second day

delivery.

123.2 Pickup Service. Pickup service

is available for Next Day and Second

Day Services under terms and

conditions as prescribed by the Postal

Service. Service shall be offered in a

manner consistent with 39 U.S.C.

403(c).

130 PHYSICAL LIMITATIONS

Express Mail may not exceed 70

pounds or 108 inches in length and

girth combined.

140 POSTAGE AND PREPARATION

Except as provided in Rate Schedules

121, 122 and 123, postage on Express

Mail is charged on each piece. For

shipments tendered in Express Mail

pouches under a service agreement,

each pouch is a piece.

150 DEPOSIT AND DELIVERY

151 Deposit

Express Mail must be deposited at

places designated by the Postal Service.

152 Receipt

A receipt showing the time and date

of mailing will be provided to the mailer

upon acceptance of Express Mail by the

Postal Service. This receipt serves as

evidence of mailing.

153 Service

Express Mail service provides a high

speed, high reliability service. Same Day

Airport Express Mail will be dispatched

on the next available transportation to

the destination airport mail facility.

Custom Designed Express Mail will be

available for claim or delivery as

specified in the service agreement.

154 Forwarding and Return

When Express Mail is returned, or

forwarded, as prescribed by the Postal

Service, there will be no additional

charge.

160 ANCILLARY SERVICES

The following services may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of applicable fees:

Service Schedule

a. Address correction ................... SS–1

b. Return receipts ......................... SS–16

c. COD .......................................... SS–6

170 RATES AND FEES

The rates for Express Mail are set

forth in the following rate schedules:

Schedule

a. Same Day Airport ..................... 121

b. Custom Designed ..................... 122

c. Next Day Post Office-to-Post

Office ......................................... 123

d. Second Day Post Office-to-Post

Office ......................................... 123

e. Next Day Post Office-to-Addressee ...................................... 123

f. Second Day Post Office-to-Addressee ...................................... 123

180 INSURANCE AND INDEMNITY

181 Insurance Coverage

Express Mail is insured against loss,

damage or rifling at no additional

charge.

182 Indemnity Coverage

182.1 Payment of Indemnity.

Indemnity will be paid by the Postal

Service as follows:

a. For document reconstruction the

maximum liability is $50,000 per piece,

up to $500,000 per occurrence

regardless of the number of claimants, to

be paid under terms and conditions

prescribed by the Postal Service.

b. For merchandise the maximum

liability is $500 to be paid under terms

and conditions prescribed by the Postal

Service.

c. For mailings valued at $15 or less,

for negotiable items, or currency or

bullion, the indemnity is $15 to be paid

under terms and conditions prescribed

by the Postal Service.

182.2 Indemnity Not Available.

Indemnity will not be paid by the Postal

Service for loss, damage or rifling:

a. Of nonmailable matter;

b. Due to improper packaging;

c. Seizure by any agency of

government; or,

d. Due to war, insurrection or civil

disturbances.

183 Insurance Claims And Procedures

Claims for refunds of postage or

insurance must be filed within the

period of time and under terms and

conditions prescribed by the Postal

Service.

184 Refunds

184.1 Same Day Airport. The Postal

Service will refund the postage for Same

Day Airport Express Mail not available

for claim by the time specified, unless

the delay is caused by:

a. Strikes or work stoppage;

b. Delay or cancellation of flights; or

c. Governmental action beyond the

control of Postal Service or air carriers.

184.2 Custom Designed. Except

where a service agreement provides for

claim, or delivery, of Custom Designed

Express Mail more than 24 hours after

scheduled tender at point of origin, the

Postal Service will refund postage for

such mail not available for claim, or not

delivered, within 24 hours of mailing,

unless the item was delayed by strike or

work stoppage.

184.3 Next Day. Unless the item was

delayed by strike or work stoppage, the

Postal Service will refund postage for

Next Day Express Mail not available for

claim or not delivered:

a. By 10:00 a.m., or earlier time(s)

prescribed by the Postal Service, of the

next delivery day in the case of Post

Office-to-Post Office service;

b. By 3:00 p.m., or earlier time(s)

prescribed by the Postal Service, of the

next delivery day in the case of Post

Office-to-Addressee service.

184.4 Second Day. Unless the item

was delayed by strike or work stoppage,

the Postal Service will refund postage

for Second Day Express Mail not

available for claim or not delivered:

a. By 10:00 a.m., or earlier time(s)

prescribed by the Postal Service, of the
32662 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

second delivery day in the case of Post

Office-to-Post Office service;

b. By 3:00 p.m., or earlier time(s)

prescribed by the Postal Service, of the

second delivery day in the case of Post

Office-to-Addressee service.

First-Class Mail Claffification Schedule

210 DEFINITION

Any matter eligible for mailing may,

at the option of the mailer, be mailed as

First-Class Mail. The following must be

mailed as First-Class Mail, unless

mailed as Express Mail or exempt under

title 39, United States Code, or except as

authorized under sections 344.12,

344.23 and 443:

a. Mail sealed against postal

inspection as set forth in section 5000;

b. Matter wholly or partially in

handwriting or typewriting except as

specifically permitted by sections 312,

313, 323, 344.22, and 446;

c. Matter having the character of

actual and personal correspondence

except as specifically permitted by

sections 312, 313, 323, 344.22, and 446;

and

d. Bills and statements of account.

220 DESCRIPTION OF SUBCLASSES

221 Letters and Sealed Parcels

Subclass

221.1 General. The Letters and

Sealed Parcels subclass consists of FirstClass Mail weighing 11 ounces or less

that is not mailed under section 222 or

223.

221.2 Regular Rate Categories. The

regular rate categories consist of Letters

and Sealed Parcels subclass mail not

mailed under section 221.3.

221.21 Single Piece Rate Category.

The single piece rate category applies to

regular rate Letters and Sealed Parcels

subclass mail not mailed under section

221.22.

221.22 Presort Rate Category. The

Presort rate category applies to Letters

and Sealed Parcels subclass mail that:

a. Is prepared in a mailing of at least

500 pieces;

b. Is presorted, marked, and presented

as prescribed by the Postal Service; and

c. Meets the addressing and other

preparation requirements prescribed by

the Postal Service.

221.23 [Reserved]

221.24 Nonstandard Size Surcharge.

Regular rate category Letters and Sealed

Parcels subclass mail is subject to a

surcharge if it is nonstandard size mail,

as defined in section 232.

221.25 Presort Discount for Pieces

Weighing More Than Two Ounces.

Presort rate category Letters and Sealed

Parcels subclass mail is eligible for an

additional presort discount on each

piece weighing more than two ounces.

221.3 Automation Rate Categories—

Letters and Flats

221.31 General. The automation rate

categories consist of Letters and Sealed

Parcels subclass mail weighing 11

ounces or less that:

a. Is prepared in a mailing of at least

500 pieces;

b. Is presorted, marked, and presented

as specified by the Postal Service;

c. Bears a barcode representing not

more than 11 digits (not including

‘‘correction’’ digits) as prescribed by the

Postal Service; and

d. Meets the machinability,

addressing, barcoding, and other

preparation requirements prescribed by

the Postal Service.

221.32 Basic Rate Category. The

basic rate category applies to letter-size

automation rate category mail not

mailed under section 221.33, 221.34, or

221.35.

221.33 Three-Digit Rate Category.

The three-digit rate category applies to

letter-size automation rate category mail

presorted to single or multiple threedigit ZIP Code destinations as

prescribed by the Postal Service.

221.34 Five-Digit Rate Category. The

five-digit rate category applies to lettersize automation rate category mail

presorted to single or multiple five-digit

ZIP Code destinations as prescribed by

the Postal Service.

221.35 Carrier Route Rate Category.

The carrier route rate category applies to

letter-size automation rate category mail

presorted to carrier routes. It is available

only for those carrier routes prescribed

by the Postal Service.

221.36 Basic Flats Rate Category.

The basic flats rate category applies to

flat-size automation rate category mail

not mailed under section 221.37.

221.37 Three- and Five-Digit Flats

Rate Category. The three- and five-digit

flats rate category applies to flat-size

automation rate category mail presorted

to single or multiple three- and fivedigit ZIP Code destinations as specified

by the Postal Service.

221.38 Nonstandard Size Surcharge.

Flat-size automation rate category pieces

are subject to a surcharge if they are

nonstandard size mail, as defined in

section 232.

221.39 Presort Discount for Pieces

Weighing More Than Two Ounces.

Presorted automation rate category mail

is eligible for an additional presort

discount on each piece weighing more

than two ounces.

221.4 Automation Rate Category—

Parcels

221.41 Prebarcoded Parcel Rate

Category. The prebarcoded parcel rate

category applies to Letters and Sealed

Parcels subclass nonpresorted mail that:

a. Is prepared in a mailing of at least

50 pieces;

b. Bears a barcode as prescribed by

the Postal Service;

c. Is marked and presented as

prescribed by the Postal Service; and

d. Meets the machinability,

addressing, barcoding, and other

preparation requirements prescribed by

the Postal Service.

This provision is applicable only to

mailings entered for processing at no

more than six facilities designated by

the Postal Service. This provision

expires April 28, 1998.

222 Postal and Post Cards Subclass

222.1 Definition

222.11 Postal Card. A postal card is

a card with postage imprinted or

impressed on it and supplied by the

Postal Service for the transmission of

messages.

222.12 Post Card. A post card is a

privately printed mailing card for the

transmission of messages. To be eligible

to be mailed as a First-Class post card,

a card must be of uniform thickness and

must not exceed any of the following

dimensions:

a. 6 inches in length;

b. 4 1/4 inches in width;

c. 0.016 inch in thickness.

222.13 Double Cards. Double postal

or post cards may be mailed as postal or

post cards. A double postal or post card

consists of two attached cards, one of

which may be detached by the receiver

and returned by mail as a single postal

or post card.

222.2 Restriction. A mailpiece with

any of the following characteristics is

not mailable as a postal or post card

unless it is prepared as prescribed by

the Postal Service:

a. Numbers or letters unrelated to

postal purposes appearing in the

address portion of the card;

b. Punched holes;

c. Vertical tearing guide;

d. An address portion which is

smaller than the remainder of the card.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32663

222.3 Regular Rate Categories

222.31 Single Piece Rate Category.

The single piece rate category applies to

regular rate Postal and Post Cards

subclass mail not mailed under section

222.32.

222.32 Presort Rate Category. The

presort rate category applies to Postal

and Post Cards subclass mail that:

a. Is prepared in a mailing of at least

500 pieces;

b. Is presorted, marked, and presented

as prescribed by the Postal Service; and

c. Meets the addressing and other

preparation requirements prescribed by

the Postal Service.

222.4 Automation Rate Categories

222.41 General. The automation rate

categories consist of Postal and Post

Cards subclass mail that:

a. Is prepared in a mailing of at least

500 pieces;

b. Is presorted, marked, and presented

as specified by the Postal Service;

c. Bears a barcode representing not

more than 11 digits (not including

‘‘correction’’ digits) as prescribed by the

Postal Service; and

d. Meets the machinability,

addressing, barcoding, and other

preparation requirements prescribed by

the Postal Service.

222.42 Basic Rate Category. The

basic rate category applies to

automation rate category cards not

mailed under section 222.43, 222.44, or

222.45.

222.43 Three-Digit Rate Category.

The three-digit rate category applies to

automation rate category cards presorted

to single or multiple three-digit ZIP

Code destinations as prescribed by the

Postal Service.

222.44 Five-Digit Rate Category. The

five-digit rate category applies to

automation rate category cards presorted

to single or multiple five-digit ZIP Code

destinations as prescribed by the Postal

Service.

222.45 Carrier Route Rate Category.

The carrier route rate category applies to

automation rate category cards presorted

to carrier routes. It is available only for

those carrier routes prescribed by the

Postal Service.

223 Priority Mail

223.1 General. The Priority Mail

subclass consists of:

a. First-Class Mail weighing more

than 11 ounces; and

b. Any mailable matter which, at the

option of the mailer, is mailed for

expeditious mailing and transportation.

223.2 Single Piece Priority Mail Rate

Category. The single piece priority mail

rate category applies to Priority Mail

subclass mail not mailed under section

223.3.

223.3 Presorted Priority Mail Rate

Category. The presorted priority mail

rate category applies to Priority Mail

subclass mail that:

a. Is prepared in a mailing of at least

300 pieces;

b. Is presorted, marked, and presented

as prescribed by the Postal Service; and

c. Meets the machinability,

addressing, and other preparation

requirements prescribed by the Postal

Service.

223.4 Prebarcoded Priority Mail

Parcel Rate Category. The prebarcoded

Priority Mail Parcel rate category

applies to Priority Mail subclass

nonpresorted mail that:

a. Is prepared in a mailing of at least

50 pieces;

b. Bears a barcode as prescribed by

the Postal Service;

c. Is marked and presented as

prescribed by the Postal Service; and

d. Meets the machinability,

addressing, barcoding, and other

preparation requirements prescribed by

the Postal Service.

This provision is applicable only to

mailings entered for processing at no

more than six facilities designated by

the Postal Service. This provision

expires April 28, 1998.

223.5 Flat Rate Envelope. Priority

Mail subclass mail sent in a ‘‘flat rate’’

envelope provided by the Postal Service

is charged the two-pound rate.

223.6 Pickup Service. Pickup service

is available for Priority Mail subclass

mail under terms and conditions

prescribed by the Postal Service.

223.7 Bulky Parcels. Priority Mail

subclass mail weighing less than 15

pounds, and measuring over 84 inches

in length and girth combined, is charged

a minimum rate equal to that for a 15-

pound parcel for the zone to which the

piece is addressed.

230 PHYSICAL LIMITATIONS

231 Size and Weight

First-Class Mail may not exceed 70

pounds or 108 inches in length and

girth combined. Additional size and

weight limitations apply to individual

First-Class Mail subclasses.

232 Nonstandard Size Mail

Letters and Sealed Parcels subclass

mail weighing one ounce or less is

nonstandard size if:

a. Its aspect ratio does not fall

between 1 to 1.3 and 1 to 2.5 inclusive;

or

b. It exceeds any of the following

dimensions:

i. 11.5 inches in length;

ii. 6.125 inches in width; or

iii. 0.25 inch in thickness.

240 POSTAGE AND PREPARATION

Postage on First-Class Mail must be

paid as set forth in section 3000. Postage

is computed separately on each piece of

mail. Pieces not within the same postage

rate increment may be mailed at other

than a single piece rate as part of the

same mailing only when specific

methods approved by the Postal Service

for ascertaining and verifying postage

are followed. All mail mailed at other

than a single piece rate must have

postage paid in a manner not requiring

cancellation.

250 DEPOSIT AND DELIVERY

251 Deposit

First-Class Mail must be deposited at

places and times designated by the

Postal Service.

252 Service

First-Class Mail receives expeditious

handling and transportation, except that

when First-Class Mail is attached to or

enclosed with mail of another class, the

service of that class applies.

253 Forwarding and Return

First-Class Mail that is undeliverableas-addressed is forwarded or returned to

the sender without additional charge.

260 ANCILLARY SERVICES

First-Class Mail, except as otherwise

noted, will receive the following

additional services upon payment of the

fees prescribed in the corresponding

schedule:

Service Schedule

a. Address correction ................... SS–1

b. Business reply mail .................. SS–2

c. Certificates of mailing ............... SS–4

d. Certified mail ............................ SS–5

e. COD .......................................... SS–6

f. Insured mail ............................... SS–9

g. Registered mail ........................ SS–14

h. Special delivery ........................ SS–17

i. Return receipt (merchandise

only).

SS–16

j. Merchandise return .................... SS–20

270 RATES AND FEES

The rates and fees for First-Class Mail

are set forth in the following rate

schedules:

Schedule

a. Letters and Sealed Parcels ...... 221

b. Postal and Post Cards ............. 222

c. Priority Mail ............................... 223

d. Fees .......................................... 1000
32664 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

280 AUTHORIZATIONS AND LICENSES

The fee set forth in Rate Schedule

1000 must be paid once each year at

each office of mailing by any person

who mails other than single piece FirstClass Mail or courtesy envelope mail.

Payment of the fee allows the mailer to

mail at any First-Class rate.

Standard Mail Classification Schedule

310 DEFINITION

311 General

Any mailable matter may be mailed as

Standard Mail except:

a. Matter required to be mailed as

First-Class Mail;

b. Copies of a publication that is

entered as Periodicals class mail, except

copies sent by a printer to a publisher,

and except copies that would have

traveled at the former second-class

transient rate. (The transient rate

applied to individual copies of secondclass mail forwarded and mailed by the

public, as well as to certain sample

copies mailed by publishers.)

312 Printed Matter

Printed matter, including printed

letters which according to internal

evidence are being sent in identical

terms to several persons, but which do

not have the character of actual or

personal correspondence, may be

mailed as Standard Mail. Printed matter

does not lose its character as Standard

Mail when the date and name of the

addressee and of the sender are written

thereon. For the purposes of the

Standard Mail Classification Schedule,

‘‘printed’’ does not include

reproduction by handwriting or

typewriting.

313 Written Additions

Standard Mail may have the following

written additions placed on the

wrapper, on a tag or label attached to

the outside of the parcel, or inside the

parcel, either loose or attached to the

article:

a. Marks, numbers, name, or letters

descriptive of contents;

b. ‘‘Please Do Not Open Until

Christmas,’’ or words of similar import;

c. Instructions and directions for the

use of an article in the package;

d. Manuscript dedication or

inscription not in the nature of personal

correspondence;

e. Marks to call attention to any word

or passage in text;

f. Corrections of typographical errors

in printed matter;

g. Manuscripts accompanying related

proof sheets, and corrections in proof

sheets to include: corrections of

typographical and other errors,

alterations of text, insertion of new text,

marginal instructions to the printer, and

rewrites of parts if necessary for

correction;

h. Handstamped imprints, except

when the added matter is itself personal

or converts the original matter to a

personal communication;

i. An invoice.

320 DESCRIPTION OF SUBCLASSES

321 Subclasses Limited to Mail

Weighing Less than 16 Ounces

321.1 Single Piece Subclass

321.11 Definition. The Single Piece

subclass consists of Standard Mail

weighing less than 16 ounces that is not

mailed under sections 321.2, 321.3,

321.4 or 323.

321.12 Basic Rate Category. The

basic rate category applies to Single

Piece subclass mail not mailed under

section 321.13.

321.13 Keys and Identification

Devices Rate Category. The keys and

identification devices rate category

applies to keys, identification cards,

identification tags, or similar

identification devices mailed without

cover, and which bear, contain, or have

securely attached the name and

complete address of a person,

organization, or concern, with

instructions to return to such address

and a statement guaranteeing the

payment of postage due on delivery.

321.14 Nonstandard Size Surcharge.

Single Piece subclass mail, other than

that mailed under section 321.13, is

subject to a surcharge if it is

nonstandard size mail, as defined in

section 333.

321.2 Regular Subclass

321.21 Definition. The Regular

subclass consists of Standard Mail

weighing less than 16 ounces that is not

mailed under sections 321.1, 321.3,

321.4 or 323, and that:

a. Is prepared in a mailing of at least

200 addressed pieces or 50 pounds of

addressed pieces;

b. Is presorted, marked, and presented

as prescribed by the Postal Service; and

c. Meets the machinability,

addressing, and other preparation

requirements prescribed by the Postal

Service.

321.22 Regular Rate Categories

321.221 Basic Sortation Rate

Category. Mailers must sort Regular

subclass mail as prescribed by the Postal

Service. Mail which is not presorted to

three-digit or five-digit ZIP Code areas

or to carrier routes qualifies for the basic

rates in Rate Schedule 321.2A.

321.222 Basic Sortation, PreBarcoded Rate Category. The basic

sortation, pre-barcoded rate category

applies to mail mailed under section

321.21 which bears a barcode

representing not more than 11 digits

(not including ‘‘correction’’ digits) as

prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

321.223 Three- and Five-Digit

Presort Level Rate Category. The threeand five-digit presort level rate category

applies to Regular subclass mail

presorted to single or multiple threeand five-digit ZIP Code destinations, as

prescribed by the Postal Service.

321.224 Three-Digit Presort Level,

Pre-Barcoded Rate Category. The threedigit presort level, pre-barcoded rate

category applies to letter-size mail

mailed under section 321.21 which is

presorted to three digits, which bears a

barcode representing not more than 11

digits (not including ‘‘correction’’ digits)

as prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

321.225 Five-Digit Presort Level,

Pre-Barcoded Rate Category. The fivedigit presort level, pre-barcoded rate

category applies to letter-size mail

mailed under section 321.21 which is

presorted to five digits, which bears a

barcode representing not more than 11

digits (not including ‘‘correction’’ digits)

as prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

321.226 Three- and Five-Digit

Presort Level, Pre-Barcoded Rate

Category. The three- and five-digit

presort level, pre-barcoded rate category

applies to flat-size mail mailed under

section 321.21 which is presorted to

single or multiple three- and five-digit

ZIP Code destinations as prescribed by

the Postal Service, which bears a

barcode representing not more than 11

digits (not including ‘‘correction’’ digits)

as prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

321.23 Destination Entry Discount.

The destination entry discounts apply to

Regular subclass mail prepared as

prescribed by the Postal Service and

addressed for delivery within the

service area of the BMC (or auxiliary

service facility), or sectional center

facility (SCF), at which it is entered, as

defined by the Postal Service.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32665

321.3 Enhanced Carrier Route

Subclass

321.31 Definition. The Enhanced

Carrier Route subclass consists of

Standard Mail weighing less than 16

ounces that is not mailed under section

321.1, 321.2, 321.4 or 323, and that:

a. Is prepared in a mailing of at least

200 addressed pieces or 50 pounds of

addressed pieces;

b. Is prepared, marked, and presented

as prescribed by the Postal Service;

c. Is presorted to carrier routes as

prescribed by the Postal Service;

d. Is sequenced as prescribed by the

Postal Service; and

e. Meets the machinability,

addressing, and other preparation

requirements prescribed by the Postal

Service.

321.32 Basic Rate Category. The

basic rate category applies to Enhanced

Carrier Route subclass mail not mailed

under section 321.33, 321.34 or 321.35.

321.33 Basic Pre-Barcoded Rate

Category. The basic pre-barcoded rate

category applies to letter-size Enhanced

Carrier Route subclass mail which bears

a barcode representing not more than 11

digits (not including ‘‘correction’’

digits), as prescribed by the Postal

Service, and which meets the

machinability, addressing, and

barcoding specifications and other

preparation requirements prescribed by

the Postal Service.

321.34 High Density Rate Category.

The high density rate category applies to

Enhanced Carrier Route subclass mail

presented in walk-sequence order and

meeting the high density requirements

prescribed by the Postal Service.

321.35 Saturation Rate Category.

The saturation rate category applies to

Enhanced Carrier Route subclass mail

presented in walk-sequence order and

meeting the saturation requirements

prescribed by the Postal Service.

321.36 Destination Entry Discounts.

Destination entry discounts apply to

Enhanced Carrier Route subclass mail

prepared as prescribed by the Postal

Service and addressed for delivery

within the service area of the BMC (or

auxiliary service facility), sectional

center facility (SCF), or destination

delivery unit (DDU) at which it is

entered, as defined by the Postal

Service.

321.4 Nonprofit Subclass

321.41 Definition

321.411 General. The Nonprofit

subclass consists of Standard Mail

weighing less than 16 ounces that is not

mailed under section 321.1, 321.2, 321.3

or 323, and that is prepared in

quantities of at least 50 pounds or 200

pieces, presorted and marked as

prescribed by the Postal Service, and

mailed by authorized nonprofit

organizations or associations of the

following types:

a. Religious,

b. Educational,

c. Scientific,

d. Philanthropic,

e. Agricultural,

f. Labor,

g. Veterans’,

h. Fraternal,

i. Qualified political committees.

321.412 Nonprofit Organizations

and Associations. Nonprofit

organizations or associations are

organizations or associations not

organized for profit, none of the net

income of which benefits any private

stockholder or individual, and which

meet the qualifications set forth below

for each type of organization or

association. The standard of primary

purpose applies to each type of

organization or association, except

veterans’ and fraternal. The standard of

primary purpose requires that each type

of organization or association be both

organized and operated for the primary

purpose. The following are the types of

organizations or associations which may

qualify as authorized nonprofit

organizations or associations.

a. Religious. A nonprofit organization

whose primary purpose is one of the

following:

i. To conduct religious worship;

ii. To support the religious activities

of nonprofit organizations whose

primary purpose is to conduct religious

worship;

iii. To perform instruction in, to

disseminate information about, or

otherwise to further the teaching of

particular religious faiths or tenets.

b. Educational. A nonprofit

organization whose primary purpose is

one of the following:

i. The instruction or training of the

individual for the purpose of improving

or developing his capabilities;

ii. The instruction of the public on

subjects beneficial to the community.

An organization may be educational

even though it advocates a particular

position or viewpoint so long as it

presents a sufficiently full and fair

exposition of the pertinent facts to

permit an individual or the public to

form an independent opinion or

conclusion. On the other hand, an

organization is not educational if its

principal function is the mere

presentation of unsupported opinion.

c. Scientific. A nonprofit organization

whose primary purpose is one of the

following:

i. To conduct research in the applied,

pure or natural sciences;

ii. To disseminate systematized

technical information dealing with

applied, pure or natural sciences.

d. Philanthropic. A nonprofit

organization primarily organized and

operated for purposes beneficial to the

public. Philanthropic organizations

include, but are not limited to,

organizations which are organized for:

i. Relief of the poor and distressed or

of the underprivileged;

ii. Advancement of religion;

iii. Advancement of education or

science;

iv. Erection or maintenance of public

buildings, monuments, or works;

v. Lessening of the burdens of

government;

vi. Promotion of social welfare by

organizations designed to accomplish

any of the above purposes or:

(A) To lessen neighborhood tensions;

(B) To eliminate prejudice and

discrimination;

(C) To defend human and civil rights

secured by law; or

(D) To combat community

deterioration and juvenile delinquency.

e. Agricultural. A nonprofit

organization whose primary purpose is

the betterment of the conditions of those

engaged in agricultural pursuits, the

improvement of the grade of their

products, and the development of a

higher degree of efficiency in

agriculture. The organization may

advance agricultural interests through

educational activities; the holding of

agricultural fairs; the collection and

dissemination of information

concerning cultivation of the soil and its

fruits or the harvesting of marine

resources; the rearing, feeding, and

management of livestock, poultry, and

bees, or other activities relating to

agricultural interests. The term

agricultural nonprofit organization also

includes any nonprofit organization

whose primary purpose is the collection

and dissemination of information or

materials relating to agricultural

pursuits.

f. Labor. A nonprofit organization

whose primary purpose is the

betterment of the conditions of workers.

Labor organizations include, but are not

limited to, organizations in which

employees or workmen participate,

whose primary purpose is to deal with

employers concerning grievances, labor

disputes, wages, hours of employment

and working conditions.

g. Veterans’. A nonprofit organization

of veterans of the armed services of the

United States, or an auxiliary unit or

society of, or a trust or foundation for,

any such post or organization.

h. Fraternal. A nonprofit organization

which meets all of the following criteria:
32666 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

i. Has as its primary purpose the

fostering of brotherhood and mutual

benefits among its members;

ii. Is organized under a lodge or

chapter system with a representative

form of government;

iii. Follows a ritualistic format; and

iv. Is comprised of members who are

elected to membership by vote of the

members.

i. Qualified political committees. The

term ‘‘qualified political committee’’

means a national or State committee of

a political party, the Republican and

Democratic Senatorial Campaign

Committees, the Democratic National

Congressional Committee, and the

National Republican Congressional

Committee:

i. The term ‘‘national committee’’

means the organization which, by virtue

of the bylaws of a political party, is

responsible for the day-to-day operation

of such political party at the national

level; and

ii. The term ‘‘State committee’’ means

the organization which, by virtue of the

bylaws of a political party, is

responsible for the day-to-day operation

of such political party at the State level.

321.413 Limitation on

Authorization. An organization

authorized to mail at the nonprofit

Standard rates for qualified nonprofit

organizations may mail only its own

matter at these rates. An organization

may not delegate or lend the use of its

permit to mail at special Standard rates

to any other person, organization or

association.

321.42 Nonprofit Rate Categories

321.421 Basic Sortation Rate

Category. Mailers must sort Nonprofit

subclass mail as prescribed by the Postal

Service. Mail which is not presorted to

three-digit or five-digit ZIP Code areas

or to carrier routes qualifies for the basic

rates in Rate Schedule 321.4.

321.422 Basic Sortation, ZIP + 4

Rate Category. The basic sortation, ZIP

+ 4 rate category applies to mail mailed

under section 321.421 which bears a

proper ZIP + 4 code and which meets

the machinability, address readability

and other preparation requirements

prescribed by the Postal Service.

321.423 Basic Sortation, PreBarcoded Rate Category. The basic

sortation, pre-barcoded rate category

applies to mail mailed under section

321.421 which bears a barcode

representing not more than 11 digits

(not including ‘‘correction’’ digits) as

prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

321.424 Three- and Five-Digit

Presort Level Rate Category. The threeand five-digit presort level rate category

applies to Nonprofit subclass mail

which is presorted to three-digit or fivedigit ZIP Code areas. The mail must be

prepared in the manner prescribed by

the Postal Service.

321.425 Three- and Five-Digit

Presort Level, ZIP + 4 Rate Category.

The three- and five-digit presort level,

ZIP + 4 rate category applies to mail

mailed under section 321.424 which

bears a proper ZIP + 4 code and which

meets the machinability, address

readability and other preparation

requirements prescribed by the Postal

Service.

321.426 Three-Digit Presort Level,

Pre-Barcoded Rate Category. The threedigit presort level, pre-barcoded rate

category applies to mail mailed under

section 321.424 which is presorted to

three digits, which bears a barcode

representing not more than 11 digits

(not including ‘‘correction’’ digits) as

prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

321.427 Five-Digit Presort Level,

Pre-Barcoded Rate Category. The fivedigit presort level, pre-barcoded rate

category applies to mail mailed under

section 321.424 which is presorted to

five digits, which bears a barcode

representing not more than 11 digits

(not including ‘‘correction’’ digits) as

prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding

specifications, and other preparation

requirements prescribed by the Postal

Service.

321.428 Carrier Route Presort Level

Rate Category. The carrier route presort

level rate category applies to Nonprofit

subclass mail which is presorted to a

carrier route, with at least 10 pieces to

each carrier route. The mail must be

prepared in the manner prescribed by

the Postal Service.

321.429 Pre-barcoded Flats Rate

Category. The pre-barcoded flats rate

category applies to Nonprofit subclass

flat size pieces which are properly

prepared and presorted, bear a barcode

as prescribed by the Postal Service, and

meet the flats machinability and address

readability specifications of the Postal

Service. Such flats must be presented

for mailing in a manner which does not

require cancellation.

321.43 Nonprofit Subclass Discounts

321.431 Saturation Discount. The

saturation discount applies to Nonprofit

subclass mail presented in a carrier

route presort mailing which is walk

sequenced and which meets the

saturation and preparation requirements

prescribed by the Postal Service.

321.432 125-Piece Walk-sequence

Discount. The 125-piece walk-sequence

discount applies to Nonprofit subclass

mail presented in a carrier route presort

mailing which is walk sequenced and

contains a minimum of 125 pieces per

carrier route, and which meets the

preparation requirements prescribed by

the Postal Service.

321.433 Destination Entry Discount.

The destination entry discount applies

to Nonprofit subclass mail which is

destined for delivery within the service

area of the BMC (or auxiliary service

facility), sectional center facility (SCF),

or destination delivery unit (DDU) at

which it is entered, as defined by the

Postal Service.

322 Subclasses Limited to Mail

Weighing 16 Ounces or More

322.1 Parcel Post Subclass

322.11 Definition. The Parcel Post

subclass consists of Standard Mail

weighing 16 ounces or more that is not

mailed under sections 322.3, 323.1, or

323.2.

322.12 Basic Rate Category. The

basic rate category applies to all Parcel

Post subclass mail not mailed under

sections 322.13 or 322.14.

322.13 [Reserved] **

**Revised language describing the

bulk parcel post rate category was not

accepted in Docket No. MC95–1. The

following description, last amended in

Docket No. R84–1, remains in effect.

400.0202 Bulk

Bulk parcel post mail is fourth-class

parcel post mail consisting of properly

prepared and separated single mailings

of at least 300 pieces or 2000 pounds.

Pieces weighing less than 15 pounds

and measuring over 84 inches in length

and girth combined are not mailable as

bulk parcel post. Provision for mailing

nonidentical pieces is set forth in

section 400.046.

322.14 Destination BMC Rate

Category. Parcel Post subclass mail is

eligible for destination BMC rates if it is

included in a mailing of at least 50

pieces deposited at the destination

BMC, auxiliary service facility, or other

equivalent facility, as prescribed by the

Postal Service.

322.15 Intra-BMC Discount. Basic

rate category Parcel Post subclass mail

is eligible for the intra-BMC discount if

it originates and destinates within the

same BMC or auxiliary service facility

service area, Alaska, Hawaii or Puerto

Rico.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32667

322.16 Nonmachinable Surcharge.

Basic rate category Parcel Post subclass

mail that does not meet machinability

criteria prescribed by the Postal Service

is subject to a nonmachinable surcharge.

322.17 Pickup Service. Pickup

service is available for Parcel Post

subclass mail under terms and

conditions prescribed by the Postal

Service.

322.2 [Reserved]

322.3 Bound Printed Matter Subclass

322.31 Definition. The Bound

Printed Matter subclass consists of

Standard Mail weighing at least 16

ounces, but not more than 10 pounds,

which:

a. Consists of advertising,

promotional, directory, or editorial

material, or any combination thereof;

b. Is securely bound by permanent

fastenings including, but not limited to,

staples, spiral bindings, glue, and

stitching; loose leaf binders and similar

fastenings are not considered

permanent;

c. Consists of sheets of which at least

90 percent are imprinted with letters,

characters, figures or images or any

combination of these, by any process

other than handwriting or typewriting;

d. Does not have the nature of

personal correspondence;

e. Is not stationery, such as pads of

blank printed forms.

322.32 Single Piece Rate Category.

The single piece rate category applies to

Bound Printed Matter subclass mail

which is not mailed under section

322.33 or 322.34.

322.33 Bulk Rate Category. The bulk

rate category applies to Bound Printed

Matter subclass mail prepared in a

mailing of at least 300 pieces, prepared

and presorted as prescribed by the

Postal Service.

322.34 Carrier Route Presort Rate

Category. The carrier route rate category

applies to Bound Printed Matter

subclass mail prepared in a mailing of

at least 300 pieces of carrier route

presorted mail, prepared and presorted

as prescribed by the Postal Service.

323 Subclasses With No 16-Ounce

Limitation

323.1 Special Subclass

323.11 Definition. The Special

subclass consists of Standard Mail of the

following types:

a. Books, including books issued to

supplement other books, of at least eight

printed pages, consisting wholly of

reading matter or scholarly bibliography

or reading matter with incidental blank

spaces for notations, and containing no

advertising matter other than incidental

announcements of books. Not more than

three of the announcements may

contain as part of their format a single

order form, which may also serve as a

post card. The order forms permitted in

this subsection are in addition to and

not in lieu of order forms which may be

enclosed by virtue of any other

provision;

b. 16 millimeter or narrower width

films which must be positive prints in

final form for viewing, and catalogs of

such films, of 24 pages or more, at least

22 of which are printed, except when

sent to or from commercial theaters;

c. Printed music, whether in bound

form or in sheet form;

d. Printed objective test materials and

accessories thereto used by or in behalf

of educational institutions in the testing

of ability, aptitude, achievement,

interests and other mental and personal

qualities with or without answers, test

scores or identifying information

recorded thereon in writing or by mark;

e. Sound recordings, including

incidental announcements of recordings

and guides or scripts prepared solely for

use with such recordings. Not more than

three of the announcements permitted

in this subsection may contain as part

of their format a single order form,

which may also serve as a post card.

The order forms permitted in this

subsection are in addition to and not in

lieu of order forms which may be

enclosed by virtue of any other

provision;

f. Playscripts and manuscripts for

books, periodicals and music;

g. Printed educational reference

charts, permanently processed for

preservation;

h. Printed educational reference

charts, including but not limited to

i. Mathematical tables,

ii. Botanical tables,

iii. Zoological tables, and

iv. Maps produced primarily for

educational reference purposes;

i. Looseleaf pages and binders

therefor, consisting of medical

information for distribution to doctors,

hospitals, medical schools, and medical

students; and

j. Computer-readable media

containing prerecorded information and

guides or scripts prepared solely for use

with such media.

323.12 Single Piece Rate Category.

The single piece rate category applies to

Special subclass mail not mailed under

section 323.13 or 323.14.

323.13 Level A Presort Rate

Category. The Level A presort rate

category applies to mailings of at least

500 pieces of Special subclass mail,

prepared and presorted to five-digit

destination ZIP Codes as prescribed by

the Postal Service.

323.14 Level B Presort Rate

Category. The Level B presort rate

category applies to mailing of at least

500 pieces of Special subclass mail,

prepared and presorted to destination

Bulk Mail Centers as prescribed by the

Postal Service.

323.2 Library Subclass

323.21 Definition.

323.211 General. The Library

subclass consists of Standard Mail of the

following types, separated or presorted

as prescribed by the Postal Service:

a. Matter designated in subsection

323.213, loaned or exchanged

(including cooperative processing by

libraries) between:

i. Schools or colleges, or universities;

ii. Public libraries, museums and

herbaria, nonprofit religious,

educational, scientific, philanthropic,

agricultural, labor, veterans’ or fraternal

organizations or associations, or

between such organizations and their

members, readers or borrowers.

b. Matter designated in subsection

323.214, mailed to or from schools,

colleges, universities, public libraries,

museums and herbaria and to or from

nonprofit religious, educational,

scientific, philanthropic, agricultural,

labor, veterans’ or fraternal

organizations or associations; or

c. Matter designated in subsection

323.215, mailed from a publisher or a

distributor to a school, college,

university or public library.

323.212 Definition of Nonprofit

Organizations and Associations.

Nonprofit organizations or associations

are organizations or associations not

organized for profit, none of the net

income of which benefits any private

stockholder or individual, and which

meet the qualifications set forth below

for each type of organization or

association. The standard of primary

purpose applies to each type of

organization or association, except

veterans’ and fraternal. The standard of

primary purposes requires that each

type of organization or association be

both organized and operated for the

primary purpose. The following are the

types of organizations or associations

which may qualify as authorized

nonprofit organizations or associations:

a. Religious. A nonprofit organization

whose primary purpose is one of the

following:

i. To conduct religious worship;

ii. To support the religious activities

of nonprofit organizations whose

primary purpose is to conduct religious

worship;
32668 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

iii. To perform instruction in, to

disseminate information about, or

otherwise to further the teaching of

particular religious faiths or tenets.

b. Educational. A nonprofit

organization whose primary purpose is

one of the following:

i. The instruction or training of the

individual for the purpose of improving

or developing his capabilities;

ii. The instruction of the public on

subjects beneficial to the community.

An organization may be educational

even though it advocates a particular

position or viewpoint so long as it

presents a sufficiently full and fair

exposition of the pertinent facts to

permit an individual or the public to

form an independent opinion or

conclusion. On the other hand, an

organization is not educational if its

principal function is the mere

presentation of unsupported opinion.

c. Scientific. A nonprofit organization

whose primary purpose is one of the

following:

i. To conduct research in the applied,

pure or natural sciences;

ii. To disseminate systematized

technical information dealing with

applied, pure or natural sciences.

d. Philanthropic. A nonprofit

organization primarily organized and

operated for purposes beneficial to the

public. Philanthropic organizations

include, but are not limited to,

organizations which are organized for:

i. Relief of the poor and distressed or

of the underprivileged;

ii. Advancement of religion;

iii. Advancement of education or

science;

iv. Erection or maintenance of public

buildings, monuments, or works;

v. Lessening of the burdens of

government;

vi. Promotion of social welfare by

organizations designed to accomplish

any of the above purposes or:

(A) To lessen neighborhood tensions;

(B) To eliminate prejudice and

discrimination;

(C) To defend human and civil rights

secured by law; or

(D) To combat community

deterioration and juvenile delinquency.

e. Agricultural. A nonprofit

organization whose primary purpose is

the betterment of the conditions of those

engaged in agricultural pursuits, the

improvement of the grade of their

products, and the development of a

higher degree of efficiency in

agriculture. The organization may

advance agricultural interests through

educational activities; the holding of

agricultural fairs; the collection and

dissemination of information

concerning cultivation of the soil and its

fruits or the harvesting of marine

resources; the rearing, feeding, and

management of livestock, poultry, and

bees, or other activities relating to

agricultural interests. The term

agricultural nonprofit organization also

includes any nonprofit organization

whose primary purpose is the collection

and dissemination of information or

materials relating to agricultural

pursuits.

f. Labor. A nonprofit organization

whose primary purpose is the

betterment of the conditions of workers.

Labor organizations include, but are not

limited to, organizations in which

employees or workmen participate,

whose primary purpose is to deal with

employers concerning grievances, labor

disputes, wages, hours of employment

and working conditions.

g. Veterans’. A nonprofit organization

of veterans of the armed services of the

United States, or an auxiliary unit or

society of, or a trust or foundation for,

any such post or organization.

h. Fraternal. A nonprofit organization

which meets all of the following criteria:

i. Has as its primary purpose the

fostering of brotherhood and mutual

benefits among its members;

ii. Is organized under a lodge or

chapter system with a representative

form of government;

iii. Follows a ritualistic format; and

iv. Is comprised of members who are

elected to membership by vote of the

members.

323.213 Library subclass mail under

section 323.211a. Matter eligible for

mailing as Library subclass mail under

section 323.211a consists of:

a. Books consisting wholly of reading

matter or scholarly bibliography or

reading matter with incidental blank

spaces for notations and containing no

advertising other than incidental

announcements of books;

b. Printed music, whether in bound

form or in sheet form;

c. Bound volumes of academic theses

in typewritten or other duplicated form;

d. Periodicals, whether bound or

unbound;

e. Sound recordings;

f. Other library materials in printed,

duplicated or photographic form or in

the form of unpublished manuscripts;

and

g. Museum materials, specimens,

collections, teaching aids, printed

matter and interpretative materials

intended to inform and to further the

educational work and interest of

museums and herbaria.

323.214 Library subclass mail under

section 323.211b. Matter eligible for

mailing as Library subclass mail under

section 323.211b consists of:

a. 16-millimeter or narrower width

films; filmstrips; transparencies; slides;

microfilms; all of which must be

positive prints in final form for viewing;

b. Sound recordings;

c. Museum materials, specimens,

collections, teaching aids, printed

matter, and interpretative materials

intended to inform and to further the

educational work and interests of

museums and herbaria;

d. Scientific or mathematical kits,

instruments or other devices;

e. Catalogs of the materials in section

323.214 a through d and guides or

scripts prepared solely for use with such

materials.

323.215 Library subclass mail under

section 323.211c. Matter eligible for

mailing as Library subclass mail under

section 323.211c consists of books,

including books to supplement other

books, consisting wholly of reading

matter or scholarly bibliography or

reading matter with incidental blank

spaces for notations, and containing no

advertising matter other than incidental

announcements of books.

323.22 Basic Rate Category. The

basic rate category applies to all Library

subclass mail.

330 PHYSICAL LIMITATIONS

331 Size

Standard Mail may not exceed 108

inches in length and girth combined.

Additional size limitations apply to

individual Standard Mail subclasses.

The maximum size for mail presorted to

carrier route in the Enhanced Carrier

Route and Nonprofit subclasses is 14

inches in length, 11.75 inches in width,

and 0.75 inch in thickness. For

merchandise samples mailed with

detached address cards, the carrier route

maximum dimensions apply to the

detached address cards and not to the

samples.

332 Weight

Standard Mail may not weigh more

than 70 pounds. Additional weight

limitations apply to individual Standard

Mail subclasses.

333 Nonstandard Size Mail

Single Piece subclass mail weighing

one ounce or less is nonstandard size if:

a. Its aspect ratio does not fall

between 1 to 1.3 and 1 to 2.5 inclusive;

or

b. It exceeds any of the following

dimensions:

i. 11.5 inches in length;

ii. 6.125 inches in width; or

iii. 0.25 inch in thickness.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32669

340 POSTAGE AND PREPARATION

341 Postage

Postage must be paid as set forth in

section 3000. When the postage

computed at a Single Piece, Regular,

Enhanced Carrier Route or Nonprofit

Standard rate is higher than the rate

prescribed in any of the Standard

subclasses listed in 322 or 323 for which

the piece also qualifies (or would

qualify, except for weight), the piece is

eligible for the applicable lower rate. All

mail mailed at a bulk or presort rate

must have postage paid in a manner not

requiring cancellation.

342 Preparation

All pieces in a Standard mailing must

be separately addressed. All pieces in a

Standard mailing must be identified as

prescribed by the Postal Service, and

must contain the ZIP Code of the

addressee when prescribed by the Postal

Service. All Standard mailings must be

prepared and presented as prescribed by

the Postal Service. Two or more

Standard mailings may be commingled

and mailed only when specific methods

approved by the Postal Service for

ascertaining and verifying postage are

followed.

343 Non-Identical Pieces

Pieces not identical in size and weight

may be mailed at a bulk or presort rate

as part of the same mailing only when

specific methods approved by the Postal

Service for ascertaining and verifying

postage are followed.

344 Attachments and Enclosures

344.1 Single Piece, Regular, Enhanced

Carrier Route, and Nonprofit Subclasses

(section 321)

344.11 General. First-Class Mail may

be attached to or enclosed in Standard

books, catalogs, and merchandise

entered under section 321. The piece

must be marked as prescribed by the

Postal Service. Except as provided in

section 344.12, additional postage must

be paid for the attachment or enclosure

as if it had been mailed separately.

Otherwise, the entire combined piece is

subject to the First-Class rate for which

it qualifies.

344.12 Incidental First-Class

Attachments and Enclosures. First-Class

Mail, as defined in section 210 b

through d, may be attached to or

enclosed with Standard merchandise

entered under section 321, including

books but excluding merchandise

samples, with postage paid on the

combined piece at the applicable

Standard rate, if the attachment or

enclosure is incidental to the piece to

which it is attached or with which it is

enclosed.

344.2 Parcel Post, Bound Printed

Matter, Special, and Library Subclasses

(sections 322 and 323)

344.21 General. First-Class Mail or

Standard Mail from any of the

subclasses listed in section 321 (Single

Piece, Regular, Enhanced Carrier Route

or Nonprofit) may be attached to or

enclosed in Standard Mail mailed under

sections 322 and 323. The piece must be

marked as prescribed by the Postal

Service. Except as provided in sections

344.22 and 344.23, additional postage

must be paid for the attachment or

enclosure as if it had been mailed

separately. Otherwise, the entire

combined piece is subject to the FirstClass or section 321 Standard rate for

which it qualifies (unless the rate

applicable to the host piece is higher),

or, if a combined piece with a section

321 Standard Mail attachment or

enclosure weighs 16 ounces or more, the

piece is subject to the Parcel Post rate

for which it qualifies.

344.22 Specifically Authorized

Attachments and Enclosures. Standard

Mail mailed under sections 322 and 323

may contain enclosures and attachments

as prescribed by the Postal Service and

as described in section 323.11 a and e,

with postage paid on the combined

piece at the Standard rate applicable to

the host piece.

344.23 Incidental First-Class

Attachments and Enclosures. First-Class

Mail that meets one or more of the

definitions in section 210 b through d,

may be attached to or enclosed with

Standard Mail mailed under section 322

or 323, with postage paid on the

combined piece at the Standard rate

applicable to the host piece, if the

attachment or enclosure is incidental to

the piece to which it is attached or with

which it is enclosed.

350 DEPOSIT AND DELIVERY

351 Deposit

Standard Mail must be deposited at

places and times designated by the

Postal Service.

352 Service

Standard Mail may receive deferred

service.

353 Forwarding and Return

353.1 Single Piece, Regular, Enhanced

Carrier Route, and Nonprofit Subclasses

(section 321)

Undeliverable-as-addressed Standard

Mail mailed under section 321 will be

returned on request of the mailer, or

forwarded and returned on request of

the mailer. Undeliverable-as-addressed

combined First-Class and Standard

pieces will be returned as prescribed by

the Postal Service. The Single Piece

Standard rate is charged for each piece

receiving return only service. Charges

for forwarding-and-return service are

assessed only on those pieces which

cannot be forwarded and are returned.

The charge for those returned pieces is

the appropriate Single Piece Standard

rate for the piece plus that rate

multiplied by a factor equal to the

number of section 321 Standard pieces

nationwide that are successfully

forwarded for every one piece that

cannot be forwarded and must be

returned.

353.2 Parcel Post, Bound Printed

Matter, Special, and Library Subclasses

(sections 322 and 323)

Undeliverable-as-addressed Standard

Mail mailed under sections 322 and 323

will be forwarded on request of the

addressee, returned on request of the

mailer, or forwarded and returned on

request of the mailer. Pieces which

combine Standard Mail from one of the

subclasses described in 322 and 323

with First-Class Mail or Standard Mail

from one of the subclasses described in

321 will be forwarded if undeliverableas-addressed, and returned if

undeliverable, as prescribed by the

Postal Service. When Standard Mail

mailed under sections 322 and 323 is

forwarded or returned from one post

office to another, additional charges will

be based on the appropriate Single Piece

Standard rate.

360 ANCILLARY SERVICES

361 All Subclasses

All Standard Mail will receive the

following services upon payment of the

appropriate fees:

Service Schedule

a. Address correction ................... SS–1

b. Certificates of mailing indicating

that a specified number of

pieces have been mailed.

SS–4

Certificates of mailing are not

available for Regular, Enhanced Carrier

Route, and Nonprofit subclass mail

when postage is paid by permit imprint.

362 Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

Subclasses

Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

subclass mail will receive the following

additional services upon payment of the

appropriate fees:
32670 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Service Schedule

a. Certificates of mailing ............... SS–4

b. COD .......................................... SS–6

c. Insured mail .............................. SS–9

d. Special delivery ........................ SS–17

e. Special handling ....................... SS–18

f. Return receipt (merchandise

only).

SS–16

g. Merchandise return .................. SS–20

Insurance, special delivery, special

handling, and COD services may not be

used selectively for individual pieces in

a multi-piece Parcel Post subclass

mailing unless specific methods

approved by the Postal Service for

ascertaining and verifying postage are

followed.

370 RATES AND FEES

The rates and fees for Standard Mail

are set forth as follows:

Schedule

a. Single Piece subclass .............. 321.1

b. Regular subclass ...................... 321.2

c. Enhanced Carrier Route subclass.321.3

d. Nonprofit subclass .................... 321.4

e. Parcel Post subclass:

Basic ......................................... 322.1A

Destination BMC ....................... 322.1B

f. Bound Printed Matter subclass

Single Piece .............................. 322.3A

Bulk and Carrier Route ............. 322.3B

g. Special subclass ....................... 323.1

h. Library subclass ....................... 323.2

i. Fees ........................................... 1000

380 AUTHORIZATIONS AND LICENSES

381 Regular, Enhanced Carrier Route,

and Nonprofit Subclasses

A mailing fee as set forth in Rate

Schedule 1000 must be paid once each

year by mailers of Regular, Enhanced

Carrier Route, and Nonprofit subclass

mail.

382 Special Subclass

A presort mailing fee as set forth in

Rate Schedule 1000 must be paid once

each year at each office of mailing by or

for any person who mails presorted

Special subclass mail. Any person who

engages a business concern or other

individuals to mail presorted Special

subclass mail must pay the fee.

383 Parcel Post Subclass

A mailing fee as set forth in Rate

Schedule 1000 must be paid once each

year by mailers of Destination BMC rate

category mail in the Parcel Post

subclass.

Periodicals Classification Schedule

410 DEFINITION

411 General Requirements

411.1 Definition. A publication may

qualify for mailing under the Periodicals

Classification Schedule if it meets all of

the requirements in sections 411.2

through 411.5 and the requirements for

one of the qualification categories in

sections 412 through 415. Eligibility for

specific Periodicals rates is prescribed

in section 420.

411.2 Periodicals. Periodicals class

mail is mailable matter consisting of

newspapers and other periodical

publications. The term ‘‘periodical

publications’’ includes, but is not

limited to:

a. Any catalog or other course listing

including mail announcements of legal

texts which are part of post-bar

admission education issued by any

institution of higher education or by a

nonprofit organization engaged in

continuing legal education.

b. Any looseleaf page or report

(including any index, instruction for

filing, table, or sectional identifier

which is an integral part of such report)

which is designed as part of a looseleaf

reporting service concerning

developments in the law or public

policy.

411.3 Issuance

411.31 Regular Issuance. Periodicals

class mail must be regularly issued at

stated intervals at least four times a

year, bear a date of issue, and be

numbered consecutively.

411.32 Separate Publication. For

purposes of determining Periodicals rate

eligibility, an ‘‘issue’’ of a newspaper or

other periodical shall be deemed to be

a separate publication when the

following conditions exist:

a. The issue is published at a regular

frequency more often than once a month

either on (1) the same day as another

regular issue of the same publication; or

(2) on a day different from regular issues

of the same publication, and

b. More than 10 percent of the total

number of copies of the issue is

distributed on a regular basis to

recipients who do not subscribe to it or

request it, and

c. The number of copies of the issue

distributed to nonsubscribers or

nonrequesters is more than twice the

number of copies of any other issue

distributed to nonsubscribers or

nonrequesters on that same day, or, if no

other issue that day, any other issue

distributed during the same period.

‘‘During the same period’’ shall be

defined as the periods of time ensuing

between the distribution of each of the

issues whose eligibility is being

examined. Such separate publications

must independently meet the

qualifications for Periodicals eligibility.

411.4 Office of Publication.

Periodicals class mail must have a

known office of publication. A known

office of publication is a public office

where business of the publication is

transacted during the usual business

hours. The office must be maintained

where the publication is authorized

original entry.

411.5 Printed Sheets. Periodicals

class mail must be formed of printed

sheets. It may not be reproduced by

stencil, mimeograph, or hectograph

processes, or reproduced in imitation of

typewriting. Reproduction by any other

printing process is permissible. Any

style of type may be used.

412 General Publications

412.1 Definition. To qualify as a

General Publication, Periodicals class

mail must meet the requirements in

section 411 and in sections 412.2

through 412.4.

412.2 Dissemination of Information.

A General Publication must be

originated and published for the

purpose of disseminating information of

a public character, or devoted to

literature, the sciences, art, or some

special industry.

412.3 Paid Circulation

412.31 Total Distribution. A General

Publication must be designed primarily

for paid circulation. At least 50 percent

or more of the copies of the publication

must be distributed to persons who have

paid above a nominal rate.

412.32 List of Subscribers. A

General Publication must be distributed

to a legitimate list of persons who have

subscribed by paying or promising to

pay at a rate above nominal for copies

to be received during a stated time.

Copies mailed to persons who are not

on a legitimate list of subscribers are

nonsubscriber copies.

412.33 Nominal Rates. As used in

section 412.31, nominal rate means:

a. A token subscription price that is

so low that it cannot be considered a

material consideration;

b. A reduction to the subscriber,

under a premium offer or any other

arrangements, of more than 50 percent

of the amount charged at the basic

annual rate for a subscriber to receive

one copy of each issue published during

the subscription period. The value of a

premium is considered to be its actual

cost to the publishers, the recognized

retail value, or the represented value,

whichever is highest.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32671

412.34 Nonsubscriber Copies

412.341 Up to Ten Percent.

Nonsubscriber copies, including sample

and complimentary copies, mailed at

any time during the calendar year up to

and including 10 percent of the total

number of copies mailed to subscribers

during the calendar year are mailable at

the rates that apply to subscriber copies

provided that the nonsubscriber copies

would have been eligible for those rates

if mailed to subscribers.

412.342 Over Ten Percent.

Nonsubscriber copies, including sample

and complimentary copies, mailed at

any time during the calendar year, in

excess of 10 percent of the total number

of copies mailed to subscribers during

the calendar year which are presorted

and commingled with subscriber copies

are charged the applicable rates for

Regular Periodicals. The 10 percent

limitation for a publication is based on

the total number of all copies of that

publication mailed to subscribers during

the calendar year.

412.35 Advertiser’s Proof Copies.

One complete copy of each issue of a

General Publication may be mailed to

each advertiser in that issue as an

advertiser’s proof copy at the rates that

apply to subscriber copies, whether the

advertiser’s proof copy is mailed to the

advertiser directly or, instead, to an

advertising representative or agent of

the publication. These copies count as

subscriber copies.

412.36 Expired Subscriptions. For

six months after a subscription has

expired, copies of a General Publication

may be mailed to a former subscriber at

the rates that apply to copies mailed to

subscribers, if the publisher has

attempted during that six months to

obtain payment, or a promise to pay, for

renewal. These copies do not count as

subscriber copies.

412.4 Advertising Purposes

A General Publication may not be

designed primarily for advertising

purposes. A publication is ‘‘designed

primarily for advertising purposes’’ if it:

a. Has advertising in excess of 75

percent in more than one-half of its

issues during any 12-month period;

b. Is owned or controlled by

individuals or business concerns and

conducted as an auxiliary to and

essentially for the advancement of the

main business or calling of those who

own or control it;

c. Consists principally of advertising

and editorial write-ups of the

advertisers;

d. Consists principally of advertising

and has only a token list of subscribers,

the circulation being mainly free;

e. Has only a token list of subscribers

and prints advertisements free for

advertisers who pay for copies to be sent

to a list of persons furnished by the

advertisers; or

f. Is published under a license from

individuals or institutions and features

other businesses of the licensor.

413 Requester Publications

413.1 Definition. A publication

which is circulated free or mainly free

may qualify for Periodicals class as a

Requester Publication if it meets the

requirements in sections 411, and 413.2

through 413.4.

413.2 Minimum Pages. It must

contain at least 24 pages.

413.3 Advertising Purposes

413.31 Advertising Percentage. It

must devote at least 25 percent of its

pages to nonadvertising and not more

than 75 percent to advertisements.

413.32 Ownership and Control. It

must not be owned or controlled by one

or more individuals or business

concerns and conducted as an auxiliary

to and essentially for the advancement

of the main business or calling of those

who own or control it.

413.4 Circulated to Requesters

413.41 List of Requesters. It must

have a legitimate list of persons who

request the publication, and 50 percent

or more of the copies of the publication

must be distributed to persons making

such requests. Subscription copies paid

for or promised to be paid for, including

those at or below a nominal rate may be

included in the determination of

whether the 50 percent request

requirement is met. Persons will not be

deemed to have requested the

publication if their request is induced

by a premium offer or by receipt of

material consideration, provided that

mere receipt of the publication is not

material consideration.

413.42 Nonrequester Copies

413.421 Up to Ten Percent.

Nonrequester copies, including sample

and complimentary copies, mailed at

any time during the calendar year up to

and including 10 percent of the total

number of copies mailed to requesters

during the calendar year are mailable at

the rates that apply to requester copies

provided that the nonrequester copies

would have been eligible for those rates

if mailed to requesters.

413.422 Over Ten Percent.

Nonrequester copies, including sample

and complimentary copies, mailed at

any time during the calendar year, in

excess of 10 percent of the total number

of copies mailed to requesters during

the calendar year which are presorted

and commingled with requester copies

are charged the applicable rates for

Regular Periodicals. The 10 percent

limitation for a publication is based on

the total number of all copies of that

publication mailed to requesters during

the calendar year.

413.43 Advertiser’s Proof Copies.

One complete copy of each issue of a

Requester Publication may be mailed to

each advertiser in that issue as an

advertiser’s proof copy at the rates that

apply to requester copies, whether the

advertiser’s proof copy is mailed to the

advertiser directly or, instead, to an

advertising representative or agent of

the publication. These copies count as

requester copies.

414 Publications of Institutions and

Societies

414.1 Publisher’s Own Advertising.

Except as provided in section 414.2, a

publication which meets the

requirements of sections 411 and 412.4,

and which contains no advertising other

than that of the publisher, qualifies for

Periodicals class as a publication of an

institution or society if it is:

a. Published by a regularly

incorporated institution of learning;

b. Published by a regularly

established state institution of learning

supported in whole or in part by public

taxation;

c. A bulletin issued by a state board

of health or a state industrial

development agency;

d. A bulletin issued by a state

conservation or fish and game agency or

department;

e. A bulletin issued by a state board

or department of public charities and

corrections;

f. Published by a public or nonprofit

private elementary or secondary

institution of learning or its

administrative or governing body;

g. Program announcements or guides

published by an educational radio or

television agency of a state or political

subdivision thereof, or by a nonprofit

educational radio or television station;

h. Published by or under the auspices

of a benevolent or fraternal society or

order organized under the lodge system

and having a bona fide membership of

not less than 1,000 persons;

i. Published by or under the auspices

of a trade(s) union;

j. Published by a strictly professional,

literary, historical, or scientific society;

or,

k. Published by a church or church

organization.

414.2 General Advertising. A

publication published by an institution

or society identified in sections 414.1 h
32672 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

through k, may contain advertising of

other persons, institutions, or concerns,

if the following additional conditions

are met:

a. The publication is originated and

published to further the objectives and

purposes of the society;

b. Circulation is limited to:

i. Copies mailed to members who pay

either as a part of their dues or

assessment or otherwise, not less than

50 percent of the regular subscription

price;

ii. Other actual subscribers; and

iii. Exchange copies.

c. The circulation of nonsubscriber

copies, including sample and

complimentary copies, does not exceed

10 percent of the total number of copies

referred to in 414.2b.

415 Publications of State Departments

of Agriculture

A publication which is issued by a

state department of agriculture and

which meets the requirements of section

411 qualifies for Periodicals class as a

publication of a state department of

agriculture if it contains no advertising

and is published for the purpose of

furthering the objects of the department.

416 Foreign Publications

Foreign newspapers and other

periodicals of the same general

character as domestic publications

entered as Periodicals class mail may be

accepted on application of the

publishers thereof or their agents, for

transmission through the mail at the

same rates as if published in the United

States. This section does not authorize

the transmission through the mail of a

publication which violates a copyright

granted by the United States.

420 DESCRIPTION OF SUBCLASSES

421 Regular Subclass

421.1 Definition. The Regular

subclass consists of Periodicals class

mail that is not mailed under section

423 and that:

a. Is presorted, marked, and presented

as prescribed by the Postal Service; and

b. Meets machinability, addressing,

and other preparation requirements

prescribed by the Postal Service.

421.2 Regular Pound Rates

An unzoned pound rate applies to the

nonadvertising portion of Regular

subclass mail. A zoned pound rate

applies to the advertising portion and

may be reduced by applicable

destination entry discounts. The pound

rate postage is the sum of the

nonadvertising portion charge and the

advertising portion charge.

421.3 Regular Piece Rates

421.31 Basic Rate Category. The

basic rate category applies to all Regular

subclass mail not mailed under section

421.32 or 421.33.

421.32 Three-Digit City and FiveDigit Rate Category. The rates for this

category apply to Regular subclass mail

presorted to three-digit cities and fivedigit ZIP Code destinations as

prescribed by the Postal Service.

421.33 Carrier Route Rate Category.

The carrier route rate category applies to

Regular subclass mail presorted to

carrier routes as prescribed by the Postal

Service.

421.4 Regular Subclass Discounts

421.41 Barcoded Letter Discounts.

Barcoded letter discounts apply to letter

size Regular subclass mail mailed under

sections 421.31 and 421.32 which bears

a barcode representing not more than 11

digits (not including ‘‘correction’’ digits)

as prescribed by the Postal Service, and

which meets the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service.

421.42 Barcoded Flats Discounts.

Barcoded flats discounts apply to flat

size Regular subclass mail mailed under

sections 421.31 and 421.32 which bear

a barcode representing not more than 11

digits (not including ‘‘correction’’ digits)

as prescribed by the Postal Service, and

meet the flats machinability, addressing,

and barcoding specifications and other

preparation requirements prescribed by

the Postal Service.

421.43 High Density Discount. The

high density discount applies to Regular

subclass mail mailed under section

421.33, presented in walk sequence

order, and meeting the high density and

preparation requirements prescribed by

the Postal Service.

421.44 Saturation Discount. The

saturation discount applies to Regular

subclass mail mailed under section

421.33, presented in walk-sequence

order, and meeting the saturation and

preparation requirements prescribed by

the Postal Service.

421.45 Destination Entry Discounts.

Destination entry discounts apply to

Regular subclass mail which is destined

for delivery within the service area of

the destination sectional center facility

(SCF) or the destination delivery unit

(DDU) in which it is entered, as defined

by the Postal Service. The DDU discount

only applies to Carrier Route rate

category mail.

421.46 Nonadvertising Discount.

The nonadvertising discount applies to

all Regular subclass mail and is

determined by multiplying the

proportion of nonadvertising content by

the discount factor set forth in Rate

Schedule 421 and subtracting that

amount from the applicable piece rate.

422 [Reserved]

423 Preferred Rate Periodicals

423.1 Definition. Periodicals class

mail, other than publications qualifying

as Requester Publications, may qualify

for Preferred Rate Periodicals rates if it

meets the applicable requirements for

those rates in sections 423.2 through

423.5.

423.2 Within County Subclass

423.21 Definition. Within County

mail consists of Preferred Rate

Periodicals class mail mailed in, and

addressed for delivery within, the

county where published and originally

entered, from either the office of original

entry or additional entry. In addition, a

Within County publication must meet

one of the following conditions:

a. The total paid circulation of the

issue is less than 10,000 copies; or

b. The number of paid copies of the

issue distributed within the county of

publication is at least one more than

one-half of the total paid circulation of

such issue.

423.22 Entry in an Incorporated

City. For the purpose of determining

eligibility for Within County mail, when

a publication has original entry at an

independent incorporated city which is

situated entirely within a county or

which is contiguous to one or more

counties in the same state, such

incorporated city shall be considered to

be within the county with which it is

principally contiguous. Where more

than one county is involved, the

publisher will select the principal

county.

423.3 Nonprofit Subclass

423.31 Definition. Nonprofit mail is

Preferred Rate Periodicals class mail

entered by authorized nonprofit

organizations or associations of the

following types:

a. Religious,

b. Educational,

c. Scientific,

d. Philanthropic,

e. Agricultural,

f. Labor,

g. Veterans’,

h. Fraternal, and

i. Associations of rural electric

cooperatives,

j. One publication, which contains no

advertising published by the official

highway or development agency of a

state,

k. Program announcements or guides

published by an educational radio or
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32673

television agency of a state or political

subdivision thereof or by a nonprofit

educational radio or television station.

l. One conservation publication

published by an agency of a state which

is responsible for management and

conservation of the fish or wildlife

resources of such state.

423.32 Definitions of Nonprofit

Organizations and Associations.

Nonprofit organizations or associations

are organizations or associations not

organized for profit, none of the net

income of which benefits any private

stockholder or individual, and which

meet the qualifications set forth below

for each type of organization or

association. The standard of primary

purpose applies to organizations listed

under section 423.31 a through f. The

standard of primary purpose requires

that each type of organization or

association be both organized and

operated for the primary purpose.

a. Religious. A nonprofit organization

whose primary purpose is one of the

following:

i. To conduct religious worship;

ii. To support the religious activities

of nonprofit organizations whose

primary purpose is to conduct religious

worship;

iii. To perform instruction in, to

disseminate information about, or

otherwise to further the teaching of

particular religious faiths or tenets.

b. Educational. A nonprofit

organization whose primary purpose is

one of the following:

i. The instruction or training of the

individual for the purpose of improving

or developing his capabilities;

ii. The instruction of the public on

subjects beneficial to the community.

An organization may be educational

even though it advocates a particular

position or viewpoint so long as it

presents a sufficiently full and fair

exposition of the pertinent facts to

permit an individual or the public to

form an independent opinion or

conclusion. On the other hand, an

organization is not educational if its

principal function is the mere

presentation of unsupported opinion.

c. Scientific. A nonprofit organization

whose primary purpose is one of the

following:

i. To conduct research in the applied,

pure or natural sciences;

ii. To disseminate systematized

technical information dealing with

applied, pure or natural sciences.

d. Philanthropic. A nonprofit

organization primarily organized and

operated for purposes beneficial to the

public. Philanthropic organizations

include, but are not limited to,

organizations which are organized for:

i. Relief of the poor and distressed or

of the underprivileged;

ii. Advancement of religion;

iii. Advancement of education or

science;

iv. Erection or maintenance of public

buildings, monuments, or works;

v. Lessening of the burdens of

government;

vi. Promotion of social welfare by

organizations designed to accomplish

any of the above purposes or;

(a) To lessen neighborhood tensions;

(b) To eliminate prejudice and

discrimination;

(c) To defend human and civil rights

secured by law; or

(d) To combat community

deterioration and juvenile delinquency.

e. Agricultural. A nonprofit

organization whose primary purpose is

the betterment of the conditions of those

engaged in agricultural pursuits, the

improvement of the grade of their

products, and the development of a

higher degree of efficiency in

agriculture. The organization may

advance agricultural interests through

educational activities; the holding of

agricultural fairs; the collection and

dissemination of information

concerning cultivation of the soil and its

fruits or the harvesting of marine

resources; the rearing, feeding, and

management of livestock, poultry, and

bees, or other activities relating to

agricultural interests. The term

agricultural nonprofit organization also

includes any nonprofit organization

whose primary purpose is the collection

and dissemination of information or

materials relating to agricultural

pursuits.

f. Labor. A nonprofit organization

whose primary purpose is the

betterment of the conditions of workers.

Labor organizations include, but are not

limited to, organizations in which

employees or workmen participate,

whose primary purpose is to deal with

employers concerning grievances, labor

disputes, wages, hours of employment

and working conditions.

g. Veterans’. A nonprofit organization

of veterans of the armed services of the

United States, or an auxiliary unit or

society of, or a trust or foundation for,

any such post or organization.

h. Fraternal. A nonprofit organization

which meets all of the following criteria:

i. Has as its primary purpose the

fostering of brotherhood and mutual

benefits among its members;

ii. Is organized under a lodge or

chapter system with a representative

form of government;

iii. Follows a ritualistic format; and

iv. Is comprised of members who are

elected to membership by vote of the

members.

423.4 Classroom Subclass

Classroom mail is of Preferred Rate

Periodicals class mail which, consists of

religious, educational, or scientific

publications designed specifically for

use in school classrooms or religious

instruction classes.

423.5 Science of Agriculture

Science of Agriculture mail consists

of Preferred Rate Periodicals class mail

devoted to the science of agriculture if

the total number of copies of the

publication furnished during any 12-

month period to subscribers residing in

rural areas amounts to at least 70

percent of the total number of copies

distributed by any means for any

purpose.

423.6 Preferred Rate Discounts

423.61 Destination Entry Discounts.

Copies of any Preferred Rate Periodicals

class mail which are destined for

delivery within the destination sectional

center facility (SCF) area or the

destination delivery unit (DDU) area in

which they are entered, as defined by

the Postal Service, qualify for the

applicable discount as set forth in Rate

Schedules 423.2, 423.3, and 423.4.

423.62 ZIP + 4 and Pre-barcoded

Letter Discounts. Copies of any

automation compatible Preferred Rate

Periodicals class mail which bear a

proper ZIP + 4 code, or which bear a

barcode representing not more than 11

digits (not including ‘‘correction’’ digits)

as prescribed by the Postal Service, and

which meet the machinability,

addressing, and barcoding specifications

and other preparation requirements

prescribed by the Postal Service qualify

for the applicable ZIP + 4 or prebarcoding discounts as set forth in Rate

Schedules 423.2, 423.3, and 423.4.

423.63 125-piece Walk-sequence

Discount. Copies of Preferred Rate

Periodicals class mail presented in

mailings which are walk sequenced and

contain a minimum of 125 pieces per

carrier route and which meet the

preparation requirements prescribed by

the Postal Service are eligible for the

applicable discount set forth in Rate

Schedules 423.2, 423.3, and 423.4.

423.64 Saturation Discount.

Saturation Preferred Rate Periodicals

class mail presented in mailings which

are walk sequenced and which meet the

saturation and preparation requirements

prescribed by the Postal Service

qualifies for the applicable discount set

forth in Rate Schedules 423.2, 423.3,

and 423.4.

423.65 Pre-barcoded Flats

Discounts. Pre-barcoded Preferred Rate

Periodicals class flats which are

properly prepared and presorted, which

bear a barcode as prescribed by the
32674 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Postal Service, and which meet the flats

machinability and address readability

specifications of the Postal Service, are

eligible for the applicable discounts for

pre-barcoded flats set forth in Rate

Schedules 423.2, 423.3, and 423.4.

430 PHYSICAL LIMITATIONS

There are no maximum size or weight

limits for Periodicals class mail.

440 POSTAGE AND PREPARATION

441 Postage. Postage must be paid on

Periodicals class mail as set forth in

section 3000.

442 Presortation. Periodicals class

mail must be presorted in accordance

with regulations prescribed by the

Postal Service.

443 Attachments and Enclosures

443.1 General. First-Class Mail or

Standard Mail from any of the

subclasses listed in section 321 (Single

Piece, Regular, Enhanced Carrier Route

or Nonprofit) may be attached to or

enclosed with Periodicals class mail.

The piece must be marked as prescribed

by the Postal Service. Except as

provided in section 443.2, additional

postage must be paid for the attachment

or enclosure as if it had been mailed

separately. Otherwise, the entire

combined piece is subject to the

appropriate First-Class or section 321

Standard Mail rate for which it qualifies

(unless the rate applicable to the host

piece is higher), or, if a combined piece

with a section 321 Standard Mail

attachment or enclosure weighs 16

ounces or more, the piece is subject to

the Parcel Post rate for which it

qualifies.

443.2 Incidental First-Class Mail

Attachments and Enclosures. First-Class

Mail that meets one or more of the

definitions in sections 210 b through d

may be attached to or enclosed with

Periodicals class mail, with postage paid

on the combined piece at the applicable

Periodicals rate, if the attachment or

enclosure is incidental to the piece to

which it is attached or with which it is

enclosed.

444 Identification

Periodicals class mail must be

identified as required by the Postal

Service. Nonsubscriber and

nonrequester copies, including sample

and complimentary copies, must be

identified as required by the Postal

Service.

445 Filing of Information

Information relating to Periodicals

class mail must be filed with the Postal

Service in accordance with 39 U.S.C.

3685.

446 Enclosures and Supplements

Periodicals class mail may contain

enclosures and supplements as

prescribed by the Postal Service. An

enclosure or supplement may not

contain writing, printing or sign thereof

or therein, in addition to the original

print, except as authorized by the Postal

Service, or as authorized under section

443.2.

450 DEPOSIT AND DELIVERY

451 Deposit

Periodicals class mail must be

deposited at places and times

designated by the Postal Service.

452 Service

Periodicals class mail is given

expeditious handling insofar as is

practicable.

453 Forwarding and Return

Undeliverable-as-addressed

Periodicals class mail will be forwarded

or returned to the mailer, as prescribed

by the Postal Service. Undeliverable-asaddressed combined First-Class and

Periodicals class mail pieces will be

forwarded or returned, as prescribed by

the Postal Service. Additional charges

when Periodicals class mail is returned

will be based on the applicable

Standard Mail rate.

460 ANCILLARY SERVICES

Service Schedule

Special delivery ............................ SS–17

470 RATES AND FEES

The rates and fees for Periodicals

class mail are set forth as follows:

Schedule

a. Regular ............................... 421

b. Within County ..................... 423.2

c. Nonprofit ............................. 423.3

d. Classroom ........................... 423.4

e. Science of Agriculture ........ 421

f. Fees ..................................... 1000

480 AUTHORIZATIONS AND LICENSES

481 Entry Authorizations

Prior to mailing at Periodicals rates, a

publication must be authorized for entry

as Periodicals class mail by the Postal

Service. Each authorized publication

will be granted one original entry

authorization at the post office where

the office of publication is maintained.

An authorization for the establishment

of an account to enter a publication at

an additional entry office may be

granted by the Postal Service upon

application by the publisher. An

application for re-entry must be made

whenever the publisher proposes to

change the publication’s title, frequency

of issue or office of original entry.

482 Preferred Rate Authorization

Prior to mailing at Nonprofit,

Classroom, and Science of Agriculture

rates, a publication must obtain an

additional Postal Service entry

authorization to mail at those rates.

483 Mailing by Publishers and News

Agents

Periodicals class mail may be mailed

only by publishers or registered news

agents. A news agent is a person or

concern engaged in selling two or more

Periodicals publications published by

more than one publisher. News agents

must register at all post offices at which

they mail Periodicals class mail.

484 Fees

Fees for original entry, additional

entry, re-entry, and registration of a

news agent are set forth in Rate

Schedule 1000.

Classification Schedule SS–1—Address

Correction Service

1.01 Definition

1.010 Address correction service is a

service which provides the mailer with

a method of obtaining the correct

address, if available to the Postal

Service, of the addressee or the reason

for nondelivery.

1.02 Description of Service

1.020 Address correction service is

available to mailers of postage prepaid

mail of all classes. Periodicals class mail

will receive address correction service.

1.021 Address correction service is

not available for items addressed for

delivery by military personnel at any

military installation.

1.022 Address correction provides

the following service to the mailer:

a. If the correct address is known to

the Postal Service, the mailer is notified

of both the old and the correct address.

b. If the item mailed cannot be

delivered, the mailer will be notified of

the reason for nondelivery.

1.03 Requirements of the Mailer

1.030 Mail, other than Periodicals

class mail, sent under this classification

schedule must bear a request for address

correction service.

1.04 Fees

1.040 There is no charge for address

correction service when the correction

is provided incidental to the return of

the mail piece to the sender.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32675

1.041 A fee, as set forth in Rate

Schedule SS–1, is charged for all other

forms of address correction service.

Classification Schedule SS–2—Business

Reply Mail

2.01 Definition

2.010 Business reply mail is a

service whereby business reply cards,

envelopes, cartons and labels may be

distributed by or for a business reply

distributor for use by mailers for

sending First-Class Mail without

prepayment of postage to an address

chosen by the distributor. A distributor

is the holder of a business reply license.

2.02 Description of Service

2.020 The distributor guarantees

payment on delivery of postage and fees

for all returned business reply mail. Any

distributor of business reply cards,

envelopes, cartons, and labels under any

one license, for return to several

addresses guarantees to pay postage and

fees on any returns refused by any such

addressee.

2.03 Requirements of the Mailer

2.030 Business reply cards,

envelopes, cartons and labels must be

preaddressed and bear business reply

markings.

2.0301 Handwriting, typewriting or

handstamping are not acceptable

methods of preaddressing or marking

business reply cards, envelopes, cartons

and labels.

2.04 Fees

2.040 The fees for business reply

mail are set forth in Rate Schedule SS–

2.

2.041 To qualify as an active

business reply mail advance deposit

trust account, the account must be used

solely for business reply mail and

contain sufficient postage and fees due

for returned business reply mail.

2.042 An accounting fee as set forth

in Rate Schedule SS–2 must be paid

each year for each advance deposit

business reply account at each facility

where the mail is to be returned.

2.05 Authorizations and Licenses

2.050 In order to distribute business

reply cards, envelopes, cartons or labels,

the distributor must obtain a license or

licenses from the Postal Service and pay

the appropriate fee as set forth in Rate

Schedule SS–2.

2.0501 Except as provided in section

2.0502, the license to distribute business

reply cards, envelopes, cartons or labels

must be obtained at each office from

which the mail is offered for delivery.

2.0502 If the business reply mail is

to be distributed from a central office to

be returned to branches or dealers in

other cities, one license obtained from

the post office where the central office

is located may be used to cover all

business reply mail.

2.051 The license to mail business

reply mail may be canceled for failure

to pay business reply postage and fees

when due, and for distributing business

reply cards or envelopes which do not

conform to prescribed form, style or

size.

Classification Schedule SS–3—Caller

Service

3.01 Definitions

3.010 Caller service is a service

which permits a customer to obtain his

mail addressed to a box number through

a call window or loading dock.

3.02 Description of Service

3.020 Caller service uses post office

box numbers as the address medium but

does not actually use a post office box.

3.021 Caller service is not available

at certain postal facilities.

3.022 Caller service is provided to

customers on the basis of mail volume

received, and number of post office

boxes rented at any one facility.

3.023 A customer may reserve a

caller number.

3.024 Caller service cannot be used

when the sole purpose is, by

subsequently filing change of address

orders, to have mail forwarded or

transferred to another address by the

Postal Service free of charge.

3.03 Fees

3.030 Fees for caller service are set

forth in Rate Schedule SS–10.

Classification Schedule SS–4—

Certificate of Mailing

4.01 Definition

4.010 Certificate of mailing service

is a service which furnishes evidence of

mailing.

4.02 Description of Service

4.020 Certificate of mailing service

is available to mailers of matter sent

under the classification schedule to any

class of mail.

4.021 A receipt is not obtained upon

delivery of the mail to the addressee. No

record of mailing is maintained at the

post office.

4.022 Additional copies of

certificates of mailing may be obtained

by the mailer.

4.03 Other Services

4.030 The following services, if

applicable to the class of mail, may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of the applicable fees:

Classification

schedule

a. Parcel airlift ............................... SS–13

b. Special delivery ........................ SS–17

c. Special handling ....................... SS–18

4.04 Fees

4.040 The fees for certificate of

mailing service are set forth in Rate

Schedule SS–4.

Classification Schedule SS–5—Certified

Mail

5.01 Definition

5.010 Certified mail service is a

service that provides a mailing receipt

to the sender and a record of delivery

at the office of address.

5.02 Description of Service

5.020 Certified mail service is

provided for matter mailed as FirstClass Mail.

5.021 If requested by the mailer, the

time of acceptances by the Postal

Service will be indicated on the receipt.

5.022 A record of delivery is

retained at the office of delivery for a

specified period of time.

5.023 If the initial attempt to

delivery mail is not successful, a notice

of arrival is left at the mailing address.

5.024 A receipt of mailing may be

obtained only if the article is mailed at

a post office, branch or station, or given

to a rural carrier.

5.025 Additional copies of the

original mailing receipt may be obtained

by the mailer.

5.03 Deposit of Mail

5.030 Certified mail must be

deposited in a manner specified by the

Postal Service.

5.04 Other Services

5.040 The following services may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of the applicable fees:

Classification

schedule

a. Restricted delivery .................... SS–15

b. Return receipt ........................... SS–16

c. Special delivery ........................ SS–17

5.05 Fees

5.050 The fees for certified mail

service are set forth in Rate Schedule

SS–5.
32676 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Classification Schedule SS–6—Collect

on Delivery Service

6.01 Definition

6.010 Collect on Delivery (COD)

service is a service which allows a

mailer to mail an article for which he

has not been paid and have the price,

the cost of postage and fees, and

anticipated or past due charges

collected by the Postal Service from the

addressee when the article is delivered.

6.02 Description of Service

6.020 COD service is available for

collection of $600 or less upon the

delivery of postage prepaid mail sent

under the following classification

schedules:

a. Express Mail

b. First-Class Mail

c. Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

Standard Mail

6.0201 Service under this schedule

is not available for:

a. Collection agency purposes;

b. Return of merchandise about which

some dissatisfaction has arisen, unless

the new addressee has consented in

advance to such return;

c. Sending only bills or statements of

indebtedness, even though the sender

may establish that the addressee has

agreed to collection in this manner;

however, when the legitimate COD

shipment consisting of merchandise or

bill of lading, is being mailed, the

balance due on a past or anticipated

transaction may be included in the

charges on a COD article, provided the

addressee has consented in advance to

such action;

d. Parcels containing moving-picture

films mailed by exhibitors to movingpicture manufacturers, distributors, or

exchanges;

e. Goods which have not been ordered

by the addressee.

6.021 COD service provides the

mailer with insurance against loss,

rifling and damage to the article as well

as failure to receive the amount

collected from the addressee. This

provision insures only the receipt of the

instrument issued to the mailer after

payment of COD charges, and is not to

be construed to make the Postal Service

liable upon any such instrument other

than a Postal Service money order.

6.022 A receipt is issued to the

mailer for each piece of COD mail.

Additional copies of the original

mailing receipt may be obtained by the

mailer.

6.023 Delivery of COD mail will be

made in a manner specified by the

Postal Service. If a delivery to the

mailing address is not attempted or if a

delivery attempt is unsuccessful, a

notice of arrival will be left at the

mailing address.

6.024 The mailer may receive a

notice of nondelivery if the piece mailed

is endorsed appropriately.

6.025 The mailer may designate a

new addressee or alter the COD charges

by submitting the appropriate form and

by paying the appropriate fee as set

forth in Rate Schedule SS–6.

6.026 A claim for complete loss may

be filed by the mailer only. A claim for

damage or for partial loss may be filed

by either the mailer or addressee.

6.027 COD indemnity claims must

be filed within a specified period of

time from the date the article was

mailed.

6.03 Requirements of the Mailer

6.030 COD mail must be identified

as COD mail.

6.04 Deposit of Mail

6.040 COD mail must be deposited

in a manner specified by the Postal

Service.

6.05 Forwarding and Return

6.050 A mailer of COD mail

guarantees to pay any return postage,

unless otherwise specified on the piece

mailed.

6.051 For COD mail sent as Standard

Mail, postage at the applicable rate will

be charged to the addressee:

a. When an addressee, entitled to

delivery to the mailing address under

Postal Service regulations, requests

delivery of COD mail which was refused

when first offered for delivery;

b. For each delivery attempt, to an

addressee entitled to delivery to the

mailing address under Postal Service

regulations, after the second such

attempt.

6.06 Other Services

6.060 The following services, if

applicable to the class of mail, may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of the applicable fee:

Classification

schedule

a. Registered mail, if sent as

First-Class.

SS–14

b. Restricted delivery .................... SS–15

c. Special delivery ........................ SS–17

d. Special handling ....................... SS–18

6.07 Fees

6.070 Fees for COD service are set

forth in Rate Schedule SS–6.

Classification Schedule SS–8—

Domestic Postal Money Orders

8.01 Definition

8.010 Money order service is a

service that provides the customer with

an instrument for payment of a specified

sum of money.

8.02 Description of Service

8.020 The maximum value for

which a domestic postal money order

may be purchased is $700. Other

restrictions on the number or dollar

value of postal money order sales, or

both, may be imposed in accordance

with regulations prescribed by the

Postal Service.

8.021 A receipt of purchase is

provided at no additional cost.

8.022 The Postal Service will

replace money orders that are spoiled or

incorrectly prepared, regardless of who

caused the error, without charge if

replaced on the date originally issued.

8.0221 If a replacement money order

is issued after the date of original issue

because the original was spoiled or

incorrectly prepared, the applicable

money order fee may be collected from

the customer.

8.023 Inquiries and/or claims may

be filed by the purchaser, payee, or

endorsee.

8.03 Fees

8.030 The fees for domestic postal

money orders are set forth in Rate

Schedule SS–8.

Classification Schedule SS–9—Insured

Mail

9.01 Definition

9.010 Insured mail service is a

service that provides the mailer with

indemnity for loss of, rifling of, or

damage to items sent under this

classification schedule.

9.02 Description of Service

9.020 The maximum liability of the

Postal Service under this schedule is

$600.

9.021 Insured mail service is

available for mail sent under the

following classification schedules:

a. First-Class Mail, if containing

matter which may be mailed as

Standard Mail

b. Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

Standard Mail

9.022 This service is not available

for matter offered for sale, addressed to

prospective purchasers who have not

ordered or authorized their sending. If

such matter is received in the mail,

payment will not be made for loss,

rifling, or damage.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32677

9.023 The mailer is issued a receipt

for each item mailed. For items insured

for more than $50, a receipt of delivery

is obtained by the Postal Service.

9.024 For items insured for more

than $50, a notice of arrival is left at the

mailing address when the first attempt

at delivery is unsuccessful.

9.025 A claim for complete loss may

be filed by the mailer only. A claim for

damage or for partial loss may be filed

by either the mailer or addressee.

9.026 A claim for damage or loss on

a parcel sent merchandise return (SS–

20) may only be filed by the purchaser

of the insurance.

9.027 Indemnity claims for insured

mail must be filed within a specified

period of time from the date the article

was mailed.

9.028 Additional copies of the

original mailing receipt may be obtained

by the mailer, upon payment of the

applicable fee set forth in Rate Schedule

SS–9.

9.03 Deposit of Mail

9.030 Insured mail must be

deposited in a manner specified by the

Postal Service.

9.04 Forwarding and Return

9.040 By insuring an item, the

mailer guarantees forwarding and return

postage unless instructions on the piece

mailed indicate that it not be forwarded

or returned.

9.041 Mail undeliverable as

addressed sent under this schedule will

be returned to the sender as specified by

the sender or by the Postal Service.

9.05 Other Services

9.050 The following services, if

applicable to the class of mail, may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of the applicable fees:

Classification

schedule

a. Parcel Airlift .............................. SS–13

b. Restricted delivery (for items

insured for more than $50).

SS–15

c. Return receipt (for items insured for more than $50).SS–16

d. Special delivery ........................ SS–17

e. Special handling ....................... SS–18

f. Merchandising return (shippers

only).

SS–20

9.06 Fees

9.060 The fees for insured mail

service are set forth in Rate Schedule

SS–9.

Classification Schedule SS–10—Post

Office Box Service

10.01 Definition

10.010 Post office box service is a

service which provides the customer

with a private, locked receptacle for the

receipt of his mail during the hours

when the lobby of a postal facility is

open.

10.02 Description of Service

10.020 The Postal Service may limit

the number of post office boxes

occupied by any one customer.

10.021 A post office box holder may

request the Postal Service to deliver all

mail properly addressed to him through

the post office box. If the post office box

is located at the post office indicated on

the piece, it will be transferred without

additional charge, in accordance with

existing regulations.

10.022 Post office box service cannot

be used when the sole purpose is, by

subsequently filing change of address

orders, to have mail forwarded or

transferred to another address by the

Postal Service free of charge.

10.03 Fees

10.030 Fees for post office box

service are set forth in Rate Schedule

SS–10.

10.031 In postal facilities primarily

serving academic institutions or the

students of such institutions, periods of

rental and fees for post office boxes are:

Period for box rentals Fee

95 days or less ......... 1⁄2 semi-annual fee.

96 to 140 days .......... 3⁄4 semi-annual fee.

141 to 190 days ........ Full semi-annual fee.

191 to 230 days ........ 11⁄4 semi-annual fee.

231 to 270 days ........ 11⁄2 semi-annual fee.

271 days to full year Full annual fee.

10.032 No refunds will be made for

boxes rented under section 10.031. For

purposes of this classification schedule

SS–10, the full annual fee is twice the

amount of the semi-annual fee.

Classification Schedule SS–11—Mailing

List Services

11.01 Definition

11.010 Mailing list services include:

a. Correction of mailing lists;

b. Change of address information for

election boards and registration

commissions;

c. ZIP coding of mailing lists; and

d. Arrangement of address cards in

the sequence of delivery.

11.0101 Correction of mailing list

service provides current information

concerning name and address mailing

lists or correct information concerning

occupant mailing lists.

11.0102 ZIP coding of mailing lists

service is a service identifying ZIP code

addresses in areas served by multi-ZIP

coded postal facilities.

11.02 Description of Service

11.020 Correction of mailing list

service is available only to the following

owners of name and address or

occupant mailing lists:

a. Members of Congress

b. Federal agencies

c. State government departments

d. Municipalities

e. Religious organizations

f. Fraternal organizations

g. Recognized charitable organizations

h. Concerns or persons who solicit

business by mail

11.0201 The following corrections

will be made to name and address lists:

a. Names to which mail cannot be

delivered or forwarded will be deleted;

b. Incorrect house, rural, or post office

box numbers will be corrected;

c. When permanent forwarding orders

are on file for customers who have

moved, new addresses including ZIP

codes will be furnished;

d. New names will not be added to

the list.

11.0202 The following corrections

will be made to occupant lists:

a. Numbers representing incorrect or

non-existent street addresses will be

deleted;

b. Business or rural route addresses

will be distinguished if known;

c. Corrected cards or sheets will be

grouped by route;

d. Street address numbers will not be

added or changed.

11.0203 Corrected lists will be

returned to customers at no additional

charge.

11.021 Residential change-ofaddress information is available only to

election boards or registration

commissions for obtaining, if known to

the Postal Service, the current address

of an addressee.

11.022 ZIP coding or mailing list

service provides that addresses will be

sorted to the finest possible ZIP code

sortation.

11.0221 Gummed labels, wrappers,

envelopes or postal or post cards

indicative of one-time use will not be

accepted as mailing lists.

11.023 Sequencing of address cards

service provides for the removal of

incorrect addresses, notation of missing

addresses and addition of missing

addresses.

11.03 Requirements of Customer

11.030 A customer desiring

correction of a mailing list or

arrangement of address cards in

sequence of carrier delivery must
32678 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

submit the list or cards as prescribed by

regulation.

11.04 Fees

11.040 The fees for mailing list

services are set forth in Rate Schedules

SS–11a, SS–11b, SS–11c and SS–11d.

Classification Schedule SS–12—On-Site

Meter Setting

12.01 Definition

12.010 On-site meter setting or

examination service is a service

whereby the Postal Service will service

a postage meter at the mailer’s or meter

manufacturer’s premises.

12.02 Description of Service

12.020 On-site meter setting or

examination service is available on a

scheduled basis, and meter setting may

be done on an emergency basis for those

customers enrolled in the scheduled onsite meter setting or examination

program.

12.03 Fees

12.030 The fees for on-site meter

setting or examination service are set

forth in Rate Schedule SS–12.

Classification Schedule SS–13—Parcel

Airlift (PAL)

13.01 Definition

13.010 Parcel airlift service is a

service that provides for air

transportation of parcels on a space

available basis to or from military post

offices outside the contiguous 48 states.

13.02 Description of Service

13.020 Parcel airlift service is

available for mail sent under the

following classification schedule:

Standard Mail

13.03 Physical Limitations

13.030 The minimum physical

limitations established for the mail sent

under the classification schedule for

which postage is paid apply to parcel

airlift mail. In no instance may the

parcel exceed 30 pounds in weight, or

60 inches in length and girth combined.

13.04 Requirements of the Mailer

13.040 Mail sent under this

schedule must be endorsed as

prescribed by regulation.

13.05 Deposit of Mail

13.050 PAL mail must be deposited

in a manner specified by the Postal

Service.

13.06 Forwarding and Return

13.060 PAL mail sent for delivery

outside the contiguous 48 states is

forwarded as set forth in section 2030 of

the General Definitions, Terms and

Conditions. PAL mail sent for delivery

within the contiguous 48 states is

forwarded or returned as set forth in

section 353 as appropriate.

13.07 Other Services

13.070 The following services, if

applicable to the class of mail, may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of the applicable fees:

Classification

schedule

a. Certificate of mailing ................. SS–4

b. Insured mail .............................. SS–9

c. Restricted delivery (if insured

for more than $25).

SS–15

d. Return receipt (if insured for

more than $25).

SS–16

e. Special delivery (if mailed for

delivery within the 48 contiguous states).

SS–17

f. Special handling ........................ SS–18

13.08 Fees

13.080 The fees for parcel airlift

service are set forth in Rate Schedule

SS–13.

Classification Schedule SS–14—

Registered Mail

14.01 Definition

14.010 Registered mail is a service

which provides added protection to

mail sent under this Domestic Mail

Classification Schedule and optional

indemnity in case of loss or damage.

14.02 Description of Service

14.020 Registered mail service is

available to mailers of prepaid mail sent

as First-Class Mail except that registered

mail must meet the minimum

requirements for length and width

regardless of thickness.

14.021 Registered mail service

provides optional insurance up to a

maximum of $25,000.

14.022 There is no limit on the value

of articles sent under this classification

schedule.

14.023 Registered mail service is not

available for:

a. All delivery points because of the

high security required for registered

mail; in addition, not all delivery points

will be available for registry and

liability is limited in some geographic

areas.

b. Mail of any class sent in

combination with First-Class Mail;

c. Two or more articles tied or

fastened together, unless the envelopes

are enclosed in the same envelope or

container.

14.024 The following services are

provided as part of registered mail

service at no additional cost to the

mailer:

a. A receipt;

b. A record of delivery, retained by

the Postal Service for a specified period

of time;

c. A notice of arrival will be left at the

mailing address if the initial delivery

attempt is unsuccessful;

d. When registered mail is

undeliverable-as-addressed and cannot

be forwarded, a notice of nondelivery is

provided.

14.025 A claim for complete loss of

insured articles may be filed by the

mailer only. A claim for damage or for

partial loss of insured articles may be

filed by either the mailer or addressee.

14.026 Indemnity claims for

registered mail on which optional

insurance has been elected must be filed

within a specified period of time from

the date the article was mailed.

14.027 No indemnity is paid on any

matter registered free.

14.03 Deposit of Mail

14.030 Registered mail must be

deposited in a manner specified by the

Postal Service.

14.04 Service

14.040 Registered mail is provided

maximum security.

14.05 Forwarding and Return

14.050 Registered mail is forwarded

and returned without additional registry

charge.

14.06 Other Services

14.060 The following services may

be obtained in conjunction with mail

sent under this classification schedule

upon payment of applicable fees:

Classification

schedule

a. Collect on delivery .................... SS–6

b. Restricted delivery .................... SS–15

c. Return receipt ........................... SS–16

d. Special delivery ........................ SS–17

e. Merchandise return (shippers

only).

SS–20

14.07 Fees

14.070 The fees for registered mail

and related optional indemnity

purchase are set forth in Rate Schedule

SS–14.

Classification Schedule SS–15—

Restricted Delivery

15.01 Definition

15.010 Restricted delivery service is

a service that provides a means by
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32679

which a mailer may direct that delivery

will be made only to the addressee or

to someone authorized by the addressee

to receive such mail.

15.02 Description of Service

15.020 This service is available for

mail sent under the following

classification schedules:

Classification

schedule

a. Certified Mail ............................ SS–5

b. COD Mail .................................. SS–6

c. Insured Mail (if insured for

more than $50).

SS–9

d. Registered Mail ........................ SS–14

15.021 Restricted delivery is

available to the mailer at the time of

mailing or after mailing. 15.022 Restricted delivery service is

available only to natural persons

specified by name. 15.023 A record of delivery will be

retained by the Postal Service for a

specified period of time.

15.024 Failure to provide restricted

delivery service when requested after

mailing, due to prior delivery, is not

grounds for refund of the fee or

communications charges.

15.03 Fees

15.030 The fees for restricted

delivery service are set forth in Rate

Schedule SS–15.

Classification Schedule SS–16—Return

Receipts

16.01 Definition

16.010 Return receipt service is a

service which provides evidence to the

mailer that an article has been received

at the delivery address.

16.02 Description of Service

16.020 Return receipt service is

available for mail sent under the

following classification schedules:

Classification

schedule

a. Certified mail ............................ SS–5

b. COD mail .................................. SS–6

c. Insured mail (if insured for

more than $50).

SS–9

d. Registered mail ........................ SS–14

e. Express Mail.

f. First-Class (merchandise only).

g. Standard Mail (merchandise

only).

16.021 Return receipt service is

available at the time of mailing or after

mailing. 16.0211 Mailers requesting return

receipt service at the time of mailing

will be provided, as appropriate:

a. The signature of the addressee or

his agent and the date delivered, or

b. The signature of the addressee or

his agent, the date delivered and the

address of delivery.

16.0212 Mailers requesting return

receipt service after mailing will be

provided the date of delivery and the

name of the person who signed for the

article.

16.022 If the mailer does not receive

a return receipt within a specified

period of time from the date of mailing,

the mailer may request a duplicate

return receipt. No fee is charged for a

duplicate return receipt.

16.03 Fees

16.030 The fees for return receipt

service are set forth in Rate Schedule

SS–16.

Classification Schedule SS–17—Special

Delivery

17.01 Definition

17.010 Special delivery service is a

service that provides for preferential

handling in dispatch and transportation,

and delivery of mail as soon as

practicable after arrival at the

addressee’s post office.

17.02 Description of Service

17.020 Special delivery service is

available for mail sent under the

following classification schedules:

a. First-Class Mail

b. Periodicals

c. Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

Standard Mail

17.021 Special delivery is made only

to addresses where it is known that such

delivery can be made.

17.022 Special delivery mail is

delivered during prescribed hours in

addition to regular carrier delivery

hours.

17.023 If delivery cannot be made a

notice of arrival is left at the address.

17.03 Requirements of the Mailers

17.030 Mail sent under this

classification schedule must be

identified as prescribed by regulation.

17.04 Deposit of Mail

17.040 Special delivery mail must

be deposited in a manner prescribed by

the Postal Service.

17.05 Forwarding and Return

17.050 Special delivery mail which

is forwarded or returned does not

receive special delivery service unless

the special delivery fee has been

guaranteed, or if a forwarding order had

been given by the addressee at the office

of original address in advance of the

arrival of the mail.

17.06 Other Services

17.060 The following services, if

applicable to the class of mail, may be

obtained in conjunction with mail sent

under this classification schedule upon

payment of the applicable fees:

Classification

schedule

a. Certificate of mailing ................. SS–4

b. Certified mail ............................ SS–5

c. COD mail .................................. SS–6

d. Insured mail .............................. SS–9

e. Parcel airlift ............................... SS–13

f. Registered mail ......................... SS–14

17.07 Fees

17.070 The fees for special delivery

service are set forth in Rate Schedule

SS–17.

Classification Schedule SS–18—Special

Handling

18.01 Definition

18.010 Special handling service is a

service that provides preferential

handling to the extent practicable

during dispatch and transportation.

18.02 Description of Service

18.020 Special handling service is

available for mail sent under the

following classification schedules:

a. First-Class Mail

b. Single Piece, Parcel Post, Bound

Printed Matter, Special, and Library

Standard Mail

18.021 Special handling (or special

delivery) service is mandatory for matter

which requires special attention in

handling, transportation and delivery.

18.03 Requirements of the Mailer

18.030 Mail sent under this

schedule must be identified as

prescribed by regulation.

18.04 Deposit of Mail

18.040 Mail sent under this

schedule must be deposited in a manner

prescribed by the Postal Service.

18.05 Forwarding and Return

18.050 If undeliverable as

addressed, special handling mail that is

forwarded to the addressee is given

special handling without requiring

payment of an additional handling fee.

However, additional postage at the

applicable Standard Mail rate is

collected on delivery.

18.06 Other Services

18.060 The following services may

be obtained in conjunction with mail

sent under this classification schedule

upon payment of the applicable fees:
32680 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Classification

schedule

a. COD mail .................................. SS–6

b. Insured mail .............................. SS–9

c. Parcel airlift ............................... SS–13

d. Merchandise return (shippers

only).

SS–20

18.07 Fees

18.070 The fees for special handling

service are set forth in Rate Schedule

SS–18.

Classification Schedule SS–19—

Stamped Envelopes

19.01 Definition

19.010 Plain stamped envelopes and

printed stamped envelopes are

envelopes with postage thereon offered

for sale by the Postal Service.

19.02 Description of Service

19.020 Stamped envelopes are

available for:

a. First-Class Mail within the first rate

increment.

b. Standard Mail mailed at a

minimum per-piece rate as prescribed

by the Postal Service.

19.021 Printed stamped envelopes

may be obtained by special request.

19.03 Fees

19.030 The fees for stamped

envelopes are set forth in Rate Schedule

SS–19.

Classification Schedule SS–20—

Merchandise Return

20.01 Definition

20.010 Merchandise return service

provides a method whereby a shipper

may authorize its customers to return a

parcel with the postage paid by the

shipper. A shipper is the holder of a

merchandise return permit.

20.02 Description of Service

20.020 Merchandise return service is

available to all shippers who obtain the

necessary permit and who guarantee

payment of postage and fees for all

returned parcels.

20.021 Merchandise return service is

available for the return of any parcel

under the following classification

schedules.

a. First-Class Mail

b. Standard Mail

20.03 Requirements of the Mailer

20.030 Merchandise return labels

must be prepared at the shipper’s

expense to specifications set forth by the

Postal Service.

20.031 The shipper must furnish its

customer with an appropriate

merchandise return label.

20.04 Other Services

20.040 The following services may

be purchased in conjunction with

Merchandise Return Service:

Classification

schedule

a. Certificate of mailing ................. SS–4

b. Insured mail .............................. SS–9

c. Registered mail ......................... SS–14

d. Special handling ....................... SS–18

20.041 Only the shipper may

purchase insurance service for the

merchandise return parcel by indicating

the amount of insurance on the

merchandise return label before

providing it to the customer. The

customer who returns a parcel to the

shipper under merchandise return

service may not purchase insurance.

20.05 Fees

20.050 The fee for the merchandise

return service is set forth in Rate

Schedule SS–20. This fee is paid by the

shipper.

20.06 Authorizations and Licenses

20.060 A permit fee as set forth in

Rate Schedule 1000 must be paid once

each calendar year by shippers utilizing

merchandise return service.

20.061 The merchandise return

permit may be canceled for failure to

maintain sufficient funds in a trust

account to cover postage and fees on

returned parcels or for distributing

merchandise return labels that do not

conform to Postal Service specifications.

Rate Schedules

Calculation of Postage

When a rate schedule contains perpiece and per pound rates, the postage

shall be the sum of the charges

produced by those rates.

When a rate schedule contains a

minimum-per-piece rate and a pound

rate, the postage shall be the greater of

the two.

When the computation of postage

yields a fraction of a cent in the charge,

the next higher whole cent must be

paid.

EXPRESS MAIL RATE SCHEDULES 121,122, AND 123 *

[Dollars]

Weight not exceeding

(pounds)

Schedule 121 same day

airport service

Schedule 122 custom designedSchedule 123 next day

and second day PO to PO

Schedule 123 next day

and second day PO to addressee

1⁄2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32681

EXPRESS MAIL RATE SCHEDULES 121,122, AND 123 *—Continued

[Dollars]

Weight not exceeding

(pounds)

Schedule 121 same day

airport service

Schedule 122 custom designedSchedule 123 next day

and second day PO to PO

Schedule 123 next day

and second day PO to addressee

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

* Notes:

1. The applicable 2-pound rate is charged for matter sent in a ‘flat rate’ envelope provided by the Postal Service.

2. Add $ for each pickup stop.

3. Add $ for each Custom Designed delivery stop.
32682 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

FIRST-CLASS MAIL RATE SCHEDULE

221, LETTERS AND SEALED PARCELS

Postage rate unit Rate

(cents)

Letters & Sealed Parcels

Regular

Single First ounce

Piece:

Presort 1

Pre-barcoded parcels (experimental) 11

Courtesy Envelope Mail

Additional Ounce 2

Nonstandard Surcharge

Single Piece

Presort

Automation—Presort 1

Letters 3

Basic Presort 4

3-Digit Presort 5

5-Digit Presort 6

Carrier Route Presort 7

Flats 8

Basic Presort 9

3⁄5-Digit Presort 10

Additional Ounce 2

Nonstandard Surcharge

Schedule 221 Notes:

1A mailing fee of $ must be paid once

each year at each office of mailing by any person who mails other than Single Piece FirstClass Mail. Payment of the fee allows the

mailer to mail at any First-Class rate. For

presorted mailing weighing more than 2

ounces, subtract cents per piece. 2 Rate applies through 11 ounces. Heavier

pieces are subject to Priority Mail rates.

3 Rates apply to bulk-entered mailings of at

least 500 letter-size pieces, which must be delivery point barcoded and meet other preparation requirements prescribed by the Postal

Service. 4 Rate applies to letter-size AutomationPresort category mail not mailed at 3-Digit, or

Carrier Route rates. 5 Rate applies to letter-size AutomationPresort category mail presorted to single or

multiple three-digit ZIP Code designations as

prescribed by the Postal Service. 6 Rate applies to letter-size AutomationPresort category mail presorted to single or

multiple five-digit ZIP Code destinations as

prescribed by the Postal Service. 7 Rate applies to letter-size AutomationPresort category mail presorted to carrier

routes specified by the Postal Service. 8 Rates apply to bulk-entered mailings of at

least 500 flat-size pieces, each of which must

be delivery-point barcoded or bear a ZIP+4

barcode, and must meet other preparation requirements prescribed by the Postal Service. 9 Rate applies to flat-size AutomationPresort category mail not mail at the 3⁄5-Digit

rate. 10 Rate applies to flat-size AutomationPresort category mail presorted to single or

multiple three- and five-digit ZIP Code destinations as specified by the Postal Service. 11 Nonpresorted pre-barcoded parcels must

be properly prepared and submitted in

mailings of at least 50 pieces.

FIRST-CLASS MAIL RATE SCHEDULE

222

[Postal and Post Cards]

Postage rate unit Rate

(cents)

Cards

Regular

Single Piece

Presort 1

Automation-Presort 1, 2

Basic Presort 3

3-Digit Presort 4

5-Digit Presort 5

Carrier Route Presort 6

Schedule 222 Notes:

1A mailing fee of $ must be paid once

each year at each office of mailing by any person who mails other than Single Piece FirstClass Mail. Payment of the fee allows the

mailer to mail at any First-Class rate. 2 Rates apply to bulk-entered mailings of at

least 500 pieces, which must be barcoded and

meet other preparation requirements prescribed by the Postal Service. 3 Rate applies to Automation-Presort category mail not mailed at 3-Digit, 5-Digit, or

Carrier Route rates. 4 Rate applies to Automation-Presort category mail presorted to single or multiple

three-digit ZIP Code destinations as prescribed by the Postal Service. 5 Rate applies to Automation-Presort category mail presorted to single or multiple fivedigit ZIP Code destinations as prescribed by

the Postal Service. 6 Rate applies to Automation-Presort category mail presorted to carrier routes specified

by the Postal Service.

FIRST-CLASS MAIL RATE SCHEDULES 223 PRIORITY MAIL SUBCLASS *

[Dollars]

Weight not exceeding

(pounds)

L, 1,2,3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32683

FIRST-CLASS MAIL RATE SCHEDULES 223 PRIORITY MAIL SUBCLASS *—Continued

[Dollars]

Weight not exceeding

(pounds)

L, 1,2,3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

*Notes:

1. The 2-pound rate is charged for matter sent in a ‘flat rate’ envelope provided by the Postal Service.

2. Add $ for each pickup stop.

3. Pieces presented in mailings of at least 300 pieces and meeting applicable Postal Service regulations for presorted Priority Mail received

the cente per-piece discount.

4. EXCEPTION: Parcels weighing less than 15 pounds, measuring over 84 inches in length and girth combined, and chargeable with a minimum rate equal to that for a 15-pound parcel for the zone to which addressed.

5. Pieces presented in mailings of at least 50 pieces and meeting applicable Postal Service regulations for pre-barcoded Priority Mail parcels

receive a discount of cents per piece (experimental).
32684 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

STANDARD MAIL RATE SCHEDULE

321.1

[Single piece subclass]

Rate1

(cents)

Basic:

One ounce or less

Not more than two ounces

Not more than three ounces

Not more than four ounces

Not more than five ounces

Not more than six ounces

Not more than seven ounces

Not more than eight ounces

Not more than nine ounces

Not more than ten ounces

Not more than eleven ounces

Not more than thirteen ounces

More than thirteen ounces but

less than sixteen ounces

Nonstandard Surcharge 2

Keys and identification Devices

First 2 ounces

Each additional 2 ounces

Schedule 321.1 Notes:

1When the postage rate computed at the

single piece rate is higher than the rate prescribed in the other Standard Class parcel categories contained in rate schedules 322.1,

322.2, 322.3, or .323.1 for which the piece

qualifies, the lower rate applies. 2Applies only to pieces weighing one ounce

or less.

STANDARD MAIL RATE SCHEDULE

321.2A REGULAR SUBCLASS

[Presort Category1]

Rate1

(cents)

Letter size

Piece Rate

Basic

3/5-Digit

Destination Entry Discount per

Piece

BMC

SCF

Non-Letter Size

Piece Rate

Minimum per Piece 2/

Basic

3/5 Digit

Destination Entry Discount per

Piece

BMC

SCF

Pound Rate 2/

Plus per Piece Rate

Basic

3/5-Digit

Destination Entry Discount per

Pound

BMC

SCF

Schedule 321.2A Notes:

1A fee of must be paid each 12-month

period for each bulk mailing permit 2 Mailer pays either the minimum piece rate

or the pound rate, whichever is higher.

STANDARD MAIL RATE SCHEDULE

321.2B REGULAR SUBCLASS

[Automation Category 1

Letter size 2 Rate

(cents)

Piece Rate

Basic Letter 3

3-Digit Letter 4

5-Digit Letter 5

Destination Entry Discount per

Peice

BMC

SCF

Flat size 6

Piece Rate

Minimum per Piece 7

Basic Flat 8

3⁄5-Digit Flat 9

Destination Entry Discount per

Piece

BMC

SCF

Pound Rate 7

Plus per piece Rate

Basic Flat

3⁄5-Digit Flat

Destination Entry Discount per

Pound

BMC

SCF

Schedule 321.2B Notes:

1A fee of $ must be paid once each 12-

month period for each bulk mailing permit. 2For letter-size automation pieces meeting

applicable Postal Service regulations. 3 Rate applies to letter-size automation mail

not mailed at 3-digit, 5-digit or carrier route

rates. 4 Rate applies to letter-size automation

presorted to single or multiple three-digit ZIP

Code destinations as prescribed by the Postal

Service. 5 Rate applies to letter-size automation

presorted to single or multiple five-digit ZIP

Code destinations as prescribed by the Postal

Service. 6For flat-size automation mail meeting applicable Postal Service regulations. 7 Mailer pays minimum piece rate or pound

rate, whichever is higher. 8 Rate applies to flat-size automation mail

not mailed at 3⁄5-digit rate. 9 Rate applies to flat-size automation mail

presorted to single or multiple three- and fivedigit ZIP Code destinations as prescribed by

the Postal Service.

STANDARD MAIL RATE SCHEDULE

321.3

[Enhanced Carrier Route Subclass 1]

Rate

(cents)

Letter Size

Piece Rate

Basic

Basic Automated Letter 2

High Density

Saturation

Destination Entry Discount per

Piece

BMC

SCF

DDU 3

Non-Letter Size

Piece Rate

Minimum per Piece 4

Basic

High Density

Saturation

Destination Entry Discount per

Piece

BMC

SCF

DDU 3

Pound Rate 4

Plus per Piece Rate

Basic

High Density

Saturation

Destination Entry Discount per

Pound

BMC

SCF

DDU 3

Schedule 321.3 Notes:

1A fee of $ must be paid each 12-

month period for each bulk mailing permit. 2 Rate applies to letter-size automation mail

presorted to routes specified by the Postal

Service. 3Applies only to enhanced carrier route

mail. 4 Mailer pays either the minimum piece rate

or the pound rate, whichever is higher.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32685

STANDARD MAIL RATE SCHEDULE

321.4 NONPROFIT SUBCLASS 1

[Full rates]

Piece

rate

(cents)

Pound

rate

(cents)

Piece Rate

Discounts (per piece)

Destination Entry

BMC

SCF

Delivery Office 2

Presort Level

3/5 Digit

Carrier Route

Saturation

Automation 3

ZIP + 4 4

Basic

3/5 Digit 5

Barcode 4

Basic

3-Digit 5

5-Digit 5

Piece Rate 6

Discounts (per piece)

Destination Entry

BMC

SCF

Delivery Office 2

Presort Level

3/5 Digit

Carrier Route

125-Piece Walk Sequence

Saturation

Automation 7

Barcode 4

Basic

3/5 Digit

Pound Rate 6

Pound Rate plus PerPiece Rate

Discounts

Destination Entry

(per pound)

BMC

SCF

Delivery Office 2

Presort Level (per

piece)

3/5 Digit

Carrier Route

Saturation

Automation (per

piece) 7

Barcode 4

Basic

3/5 Digit

Schedule 321.4 Notes:

1A fee of $ must be paid once each 12-

month period for each bulk mailing permit. 2Applies only to carrier route presort, 125-

piece walk sequence and saturation mail. 3For letter-size pieces meeting applicable

Postal Service regulations. 4Among ZIP + 4 and barcode discounts,

only one discount may be applied. 5 Deducted from otherwise applicable 3/5-

digit rate. 6 Mailer pays either the piece or the pound

ratewhichever is higher
32686 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

STANDARD MAIL RATE SCHEDULE 322.1A PARCEL POST SUBCLASS BASIC RATES*

[Dollars]

Weight not

exceeding

(pounds)

Local Zone 1⁄2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32687

STANDARD MAIL RATE SCHEDULE 322.1A PARCEL POST SUBCLASS BASIC RATES*—Continued

[Dollars]

Weight not

exceeding

(pounds)

Local Zone 1⁄2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8

70

* Notes:

1. For Intra-BMC parcels, deduct:

2. For nonmachinable Inter-BMC parcels, add:

3. For each pickup stop, add:

STANDARD RATE SCHEDULE 322.1B PARCEL POST SUBCLASS DESTINATION BMC RATES*

Weight not exceeding (pounds) Zones 1⁄2 Zone 3 Zone 4 Zone 5 Weight not exceeding (pounds) Zones 1⁄2 Zone 3 Zone 4 Zone 5

2 37

3 38

4 39

5 40

6 41

7 42

8 43

9 44

10 45

11 46

12 47

13 48

14 49

15 50

16 51

17 52

18 53

19 54

20 55

21 56

22 57

23 58

24 59

25 60

26 61

27 62

28 63

29 64

30 65

31 66

32 67

33 68

34 69

35 70

*A fee of $ must be paid each year.

STANDARD MAIL RATE SCHEDULE 322.3A BOUND PRINTED MATTER SUBCLASS SINGLE PIECE RATES*

[Dollars]

Weight not

exceeding

(pounds)

Zones

Local 1 & 2 3 4 5 6 7 8

1.5

2

2.5

3

3.5

4

4.5

5

6

7

8

9
32688 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

STANDARD MAIL RATE SCHEDULE 322.3A BOUND PRINTED MATTER SUBCLASS SINGLE PIECE RATES*—Continued

[Dollars]

Weight not

exceeding

(pounds)

Zones

Local 1 & 2 3 4 5 6 7 8

10

Per piece rate

Per pound

rate

*Includes both catalogs and similar bound printed matter.

STANDARD MAIL RATE SCHEDULE

322.3B BOUND PRINTED MATTER

SUBCLASS BULK AND CARRIER

ROUTE PRESORT RATES 1

[Dollars]

Zone Perpiece

Carrier

route 2

Perpound

Local

1 & 2

3

4

5

6

7

8

1 Includes both catalogs and similar bound

printed matter. 2Applies to mailings of at least 300 pieces

presorted to carrier route as prescribed by the

Postal Service.

STANDARD MAIL RATE SCHEDULES

323.1 & 323.2 SPECIAL AND LIBRARY RATE SUBCLASSES

Rates

(cents)

Schedule 323.1: Special

First Pound

Not presorted

LEVEL A Presort (5-digits) 1 2

LEVEL B Presort (BMC) 1 3

Each additional pound through 7

pounds

Each additional pound over 7

pounds

Schedule 323.2: Library Full

Rates

(cents)

First pound

Each additional pound through 7

pounds

Each additional pound over 7

pounds

Schedule 323.1 Notes:

1A fee must be paid once each 12-month

period for each permit. 2For mailings of 500 or more pieces properly prepared and presorted to five-digit destination ZIP Codes. 3For mailings of 500 or more pieces properly prepared and presorted to Bulk Mail Centers.

PERIODICALS RATE SCHEDULE 421

REGULAR SUBCLASS1 2

Postage

rate unit

Rate 3

(cents)

Per pound:

Nonadvertising Portion.Pound

Advertising Portion:

Delivery Office 4 ... Pound

SCF 5 ................... Pound

1&2 ...................... Pound

3 ........................... Pound

4 ........................... Pound

5 ........................... Pound

6 ........................... Pound

7 ........................... Pound

8 ........................... Pound

Science of Agriculture

Delivery Office ..... Pound

SCF ...................... Pound

Zone 1&2 ............. Pound

PER PIECE: Less

Nonadvertising Factor of

cents.6

Required Preparation 7.Piece

Presorted to 3-digit

city/5-digit.

Piece

Presorted to Carrier

Route.

Piece

Discounts:

Prepared to Delivery Office 4.Piece

Prepared to SCF 5 Piece

High Density 8 ...... Piece

Saturation 9 .......... Piece

Automation Discounts for Automation Compatible

Mail 10

From Required:

Pre-barcoded

letter size.

Piece

Pre-barcoded

flats.

Piece

From 3⁄5 Digit:

Pre-barcoded 3-

digit letter

size.

Piece

Pre-barcoded 5-

digit letter

size.

Piece

Pre-barcoded

flats.

Piece

Schedule 421 Notes:

1The rates in this schedule also apply to

commingled nonsubscriber, non-requester,

complimentary, and sample copies in excess

of 10 percent allowance in regular-rate, nonprofit, and classroom periodicals. 2 Rates do not apply to otherwise regular

rate mail that qualifies for the Within-County

rates in Schedule 423.2. 3 Charges are computed by adding the appropriate per-piece charge to the sum of the

nonadvertising portion and the advertising portion, as applicable. 4Applies to carrier route (including high density and saturation) mail delivered within the

delivery area of the originating post office. 5Applies to mail delivered within the SCF

area of the originating SCF office. 6For postage calculations, multiply the proportion of nonadvertising content by this factor

and subtract from the applicable piece rate. 7 Mail presorted to 3-digit (other than 3-digit

city), SCF, states, or mixed states. 8Applicable to high density mail, deducted

from carrier route presort rate. 9Applicable to saturation mail, deducted

from carrier route presort rate. 10For automation compatible mail meeting

applicable Postal Service regulations.

PERIODICALS

RATE SCHEDULE 423.2 WITHIN

COUNTY

[Full Rates]

Rate

(cents)

Per pound:

General

Delivery 1

Office

Per piece:

Required Presort

Carrier Route Presort

Per piece discounts:

Delivery 2

Office

125-piece Walk Sequence 3

Saturation

Automation Discounts for Automation

Compatible Mail 4

From Required:

ZIP+4 Letter size

3-Digit Pre-barcoded Letter

size

5-Digit Pre-barcoded Letter

size 3⁄5-Digit Pre-barcoded Flats

1Applicable only to the pound charge of carrier route (including 125-piece walk sequence

and saturation) presorted pieces to be delivered within the delivery area of the originating

post office.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32689

2Applicable only to carrier presorted pieces

to be delivered within the delivery area of the

originating post office. 3Applicable only to batches of 125 or more

pieces from carrier presorted pieces. 4For automation compatible pieces meeting

applicable Postal Service regulations.

PERIODICALS

RATE SCHEDULE 423.3 PUBLICATIONS

OF AUTHORIZED NONPROFIT ORGANIZATIONS 10

[Full Rates]

Postage

rate unit

Rate 1

(cents)

Nonadvertising portion: Pound

Advertising portion: 9

Delivery Office 2 ....... Pound

SCF 3 ....................... Pound

1 & 2 ......................... Pound

3 .............................. Pound

4 .............................. Pound

5 .............................. Pound

6 .............................. Pound

7 .............................. Pound

8 .............................. Pound

Schedule 423.3 Notes

1 Charges are computed by adding the appropriate per-piece charge to the sum of the

nonadvertising portion and the advertising portion, as applicable. 2Applies to carrier route (including 125-

piece walk sequence and saturation) mail delivered within the delivery area of the originating post office.

3Applies to mail delivered within the SCF

area of the originating SCF office. 4For postage calculation, multiply the proportion of nonadvertising content by this factor

and subtract from the applicable piece rate. 5 Mail presorted to 3-digit (other than 3-digit

city), SCF, states, or mixed states. 6For walk sequenced mail in batches of 125

pieces or more from carrier route presorted

mail. 7Applicable to saturation mail; deduct from

carrier route presorted rate. 8For automation compatible mail meeting

applicable Postal Service regulations. 9 Not applicable to publications containing

10 percent or less advertising content. 10 If qualified, nonprofit publications may use

Within-County rates for applicable portions of

a mailing.

PERIODICALS RATE SCHEDULE 423.4

CLASSROOM PUBLICATIONS 10

[Full Rates]

Postage

rate unit

Rate 1

(cents)

Per pound:

Nonadvertising Portion:.Pound

Advertising Portion: 9

Delivery Office 2 ... Pound

Advertising Portion: 9

SCF 3 ................... Pound

1&2 ...................... Pound

3 ........................... Pound

4 ........................... Pound

5 ........................... Pound

6 ........................... Pound

PERIODICALS RATE SCHEDULE 423.4

CLASSROOM PUBLICATIONS 10—Continued

[Full Rates]

Postage

rate unit

Rate 1

(cents)

7 ........................... Pound

8 ........................... Pound

Schedule 423.4 Notes:

1 Charges are computed by adding the appropriate per-piece charge to the sum of the

nonadvertising portion and the advertising portion, as applicable. 2Applies to carrier route (including 125-

piece walk sequence and saturation) mail delivered within the delivery area of the originating post office. 3Applies to mail delivered within the SCF

area of the originating SCF office. 4For postage calculation, multiply the portion of nonadvertising content by this factor

and subtract from the applicable piece rate. 5 Mail presorted to 3-digit (other than 3-digit

city), SCF, states, or mixed states. 6For walk sequenced mail in batches of 125

pieces or more from carrier route presorted

mail. 7Applicable to saturation mail; deduct from

carrier route presorted mail. 8For automation compatible mail meeting

applicable Postal Service regulations. 9 Not applicable to publications containing

10 percent or less of advertising content. 10 If qualified, classroom publications may

use Within-County rates for applicable portions

of a mailing.

Special services Description Fee

SCHEDULE SS–1

Address Corrections ............................ Per manual correction

Per automated correction

SCHEDULE SS–2

Business Reply Mail ............................ Active business reply advance deposit account:

Per Piece: Pre-barcoded

Other

Payment of postage due charges if active business

reply mail advances deposit account not used Per

Piece.

Annual License and Accounting Fees:

Accounting Fee for Advance Deposit

Account

Permit Fee (with or without Advance Deposit Account)

SCHEDULE SS–4

Certificates of Mailing .......................... Individual Pieces (in addition to postage)

Original certificate of mailing for listed pieces of all

classes of ordinary mail (per piece)

Three or more pieces individually listed in a firm mailing book or an approved customer provided manifest

(per piece)

Each additional copy of original certificate of mailing or

original mailing receipt for registered, insured, certified, and COD mail (each copy)

Bulk Pieces:

Identical pieces of First-Class and Single Piece, Regular, and Nonprofit Standard Mail paid with ordinary

stamps, precanceled stamps, or meter stamps are

subject to the following fees:

Up to 1,000 pieces (one certificate for total number).

Each additional 1,000 pieces or fraction.

Duplicate copy.

SCHEDULE SS–5

Certified Mail ........................................ Per Piece (in addition to postage)

SCHEDULE SS–6
32690 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Special services Description Fee

Collect on Delivery .............................. Amount to be collected, or Insurance Coverage Desired (in addition to postage)

Notice of nondelivery of COD

Alteration of COD charges or designation of new addressesRegistered COD

SCHEDULE SS–8

Money Orders ...................................... Domestic

$0.01 to $700

APO–FPO $0.01 to $700

Inquiry Fee, which includes the issuance of copy of a

paid money order

SCHEDULE SS–9

Insured Mail ......................................... Liability:

Box

size Box capacity (cu. in.)

Semi-annual fees

IA IB IC

SCHEDULE SS–10

Post Office Boxes and Caller Service

A. Post Office Box Semi-Annual Rental

Rate

Group I—offices with city carrier service.1 under 296.

2 296–499.

3 500–999.

4 1000–1999.

5 2000 & over.

Group II—offices city carrier ................ 1 annual.

2 annual.

3 semi-annual.

4 semi-annual.

5 semi-annual.

Group III—offices rural carrier ............. 1–5 annual.

B. Caller Service

For Caller Service ................................ .......... semi-annual.

For Each Reserved Call Number ........ .......... annual.

Fee

SCHEDULE SS–11a

Zip Coding of Mailing Lists ................................................ Per thousand addresses

SCHEDULE SS–11b

Correction of Mailing Lists Per submitted address

Minimum charge per list corrected

SCHEDULE SS–11c

Address Changes for Election Boards and Registration

Per change of address

Commissions

Description Fee

SCHEDULE SS–11d

Corrections Associated with Arrangement of Address

Cards in Carrier Delivery Per correction

Sequence

NOTE: When rural routes have been consolidated or

changed to another post office, no charge will be made for

correction if the list contains only names of persons residing on the route or routes involved.

SCHEDULE SS–12

On-site Meter Setting ................................................................ First Meter ................................................................................. By appointment

Unscheduled request

Additional meters

Checking meter

in or out of

(per meter)

service

Fee (in addition

to Parcel Post

postage)

SCHEDULE SS–13

Parcel Air Lift ..................................................................... Up to 2 pounds

Over 2 up to 3 pounds
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32691

Fee

Over 3 up to 4 pounds

Over 4 pounds

Value

Fees (in addition to postage)

For Articles Covered by InsuranceFor Articles Not Covered by

Insurance

Schedule SS–14—Registered Mail: ... $0.00 to $100

100.01 to 500

500.01 to 1,000

1,000.01 to 2,000

2,000.01 to 3,000

3,000.01 to 4,000

4,000.01 to 5,000

5,000.01 to 6,000

6,000.01 to 7,000

7,000.01 to 8,000

8,000.01 to 9,000

9,000.01 to 10,000

10,000.01 to 11,000

11,000.01 to 12,000

12,000.01 to 13,000

13,000.01 to 14,000

14,000.01 to 15,000

15,000.01 to 16,000

16,000.01 to 17,000

17,000.01 to 18,000

18,000.01 to 19,000

19,000.01 to 20,000

20,000.01 to 21,000

21,000.01 to 22,000

22,000.01 to 23,000

23,000.01 to 24,000

24,000.01 to 25,000

$25,000.01 to $1,000,000 Plus handling charge per $1,000 or fraction

over first $25,000

$1,000,000 to $15,000,000 Plus handling charge per $1,000 or fraction

over first $1,000,000..

Over $15,000,000: additional charges

may be based on consideration of

weight, space and value..
32692 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

Description Fee (in addition to

postage)

SCHEDULE SS–15

Restricted Delivery Per Piece

Fee (in addition to

postage)

SCHEDULE SS–16

Return Receipts ................................................................ Requested at time of mailing:

Showing to whom (signature) and date delivered

Merchandise only—without another special service

Showing to whom (signature) and date and address

where delivered

Merchandise only—without another special service

Requested after mailing: Showing to whom and date delivered

SCHEDULE SS–17

Special Delivery ................................................................ First-Class and priority Mail

Not more than 2 pounds

Over 2 pounds but not over 10 pounds

Over 10 pounds

All Other Classes

Not more than 2 pounds

Over 2 pounds but not over 10 pounds

Over 10 pounds

SCHEDULE SS–18

Special handling ................................................................ Not more than 10 pounds

More than 10 pounds

SCHEDULE SS–19

S t a m p e d Single Sale

Envelopes

BULK (500) #63⁄4 size: Regular Window

BULK (500) size > #63⁄4 through #10 1 Regular Window

Multi-Color Printing (500) #63⁄4 size, #10 size 1

Printing charge per 500 Envelopes (for each type of printed

envelope)

Minimum Order (500) envelopes)

Order for 1,000 or more envelopes

Double Window (500)—Size > #63⁄4 through #10 1

Household (50): size #63⁄4—Regular Window

size > #63⁄4 through #10—Regular Window

SCHEDULE SS–20

M e r c h a n d i s e Per Transaction

Return

Shipper must have an advance deposit account (see DMCS

Schedule 1000)

$0.30

SCHEDULE 1000

Fees .................................................................................. First-Class Presorted Mailing Fee

Periodicals Fees

A. Original Entry

B. Additional Entry

C. Re-entry

D. Registration for News Agents

Regular, Enhanced Carrier Route and Nonprofit Standard

Mail Bulk Mailing Fee

Parcel Post: Destination BMC

Special Standard Mail Presorted Mailing Fee

Authorization to Use Permit Imprint

Merchandise Return (per facility receiving merchandise return labels)

Business Reply Mail Permit

1Fee for precancelled envelopes is the same.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32693

Issued by the Commission on June 18,

1996.

Cyril J. Pittack,

Acting Secretary.

[FR Doc. 96–15932 Filed 6–24–96; 8:45 am]

BILLING CODE 7710–FW–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[TX–FRL–5526–4]

Clean Air Act Final Interim Approval of

Operating Permits Program; the State

of Texas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Source Category-Limited

Interim Approval.

SUMMARY: The EPA is promulgating

source category-limited interim

approval of the Operating Permits

program submitted by the Texas Natural

Resource Conservation Commission

(TNRCC) for the State of Texas for the

purpose of complying with Federal

requirements for an approvable State

program to issue operating permits to all

major stationary sources, except any

sources of air pollution over which an

indian tribe has jurisdiction.

EFFECTIVE DATE: July 25, 1996.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing this

source category-limited interim

approval are available for inspection

during normal business hours at the

following location:

EPA, Region 6, Permits Section (6PD–R),

1445 Ross Avenue, Suite 700, Dallas,

Texas 75202–2733.

TNRC

C, Office of Air Quality, 12124 Park 35

Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT:

David F. Garcia, Permits Section (6PD–

R), EPA, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733,

telephone (214) 665–7217.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (the Act), and

implementing regulations at 40 CFR part

70 require that States develop and

submit Operating Permits programs to

EPA by November 15, 1993, and that

EPA act to approve or disapprove each

program within one year after receiving

the submittal. The EPA’s program

review occurs pursuant to section 502 of

the Act and the part 70 regulations,

which together outline criteria for

approval or disapproval. Where a

program substantially, but not fully,

meets the requirements of part 70, EPA

may grant the program interim approval

for a period of up to two years. If EPA

has not fully approved a program by two

years after November 15, 1993, or by the

end of an interim program, it must

establish and implement a Federal

program.

On June 7, 1995, EPA proposed

source category-limited interim

approval of the Operating Permits

program for the State of Texas. See 60

FR 30037 (June 7, 1995). The EPA

received comments on the proposal and

compiled an updated Technical Support

Document which describes the

Operating Permits program in greater

detail. In this document, EPA is taking

final action to promulgate source

category-limited interim approval of the

Operating Permits program for the State

of Texas.

II. Final Action and Implications

A. Analysis of State Submission

The Governor of Texas submitted a

title V Operating Permits program for

the State of Texas on September 17,

1993, and supplemental submittals from

the Executive Director of TNRCC on

October 28, 1993, and November 12,

1993. The Texas title V Operating

Permits program includes among other

things TNRCC Regulation XII, title 30 of

the Texas Administrative Code (TAC)

Chapter 122 ‘‘Federal Operating

Permits’’ (the Texas permit regulation)

and TNRCC General Rules, title 30 of

TAC, section 101 (the Texas fee

regulation).

The EPA identified and discussed the

specific inconsistencies precluding full

approval of the Texas program in the

June 7, 1995, Federal Register

document. It is essential that these

inconsistencies be remedied by the State

consistent with the Act and part 70

prior to EPA granting full approval of

the State’s Operating Permits program.

The State committed to address certain

of the identified inconsistences in a

letter dated October 3, 1995, in a

manner sufficient to satisfy EPA

concerns. The State in the October 3,

1995, letter agreed to: (1) Revise section

122.120(4)(A–B) of the Texas permit

regulation regarding source

applicability; (2) revise section 122.010

of the Texas permit regulation to make

the Texas definition of ‘‘air pollutant’’

consistent with part 70, as it relates to

regulated air pollutant; (3) revise section

122.010 of the Texas permit regulation

to make the definition of ‘‘site’’

consistent with part 70, as it relates to

research and development activities; (4)

revise section 122.132 of the Texas

permit regulation in regard to

compliance schedule requirements; (5)

revise section 122.211 of the Texas

permit regulation to require ‘‘similar’’

changes allowed under an

Administrative Amendment to be

approved by EPA; and (6) revise section

122.202 of the Texas permit regulation

as it relates to General Permits. These

particular rules will be acceptable for

full approval if the State makes the

changes in its rules as specified in the

letter. Also, the State’s criminal

enforcement provisions meet title V and

part 70. The EPA proposed in the June

7, 1995, notice to accept that these

criminal enforcement statutory

provisions satisfied the intent of part 70

and solicited comments. No adverse

comments were received. The EPA’s

position is that the State’s criminal

enforcement provisions are acceptable

for both interim and full approval.

During the State’s process to revise

the Operating Permit regulation for full

title V approval, EPA will comment

based on the part 70 rule in place at the

time. In the action on the State’s

submittal for full approval, EPA will use

the criteria in whatever is the final part

70 regulation, whether it be the existing

July 21, 1992, regulation or a later

version (part 70).

B. Response to Comments

The EPA received three comment

letters (including one from TNRCC)

during the 30-day public comment

period held on the proposed interim

approval of the Texas program. The

commenters requested a 90-day

extension of the public comment period

based on interest to reevaluate the Texas

title V program and submit a plan with

a redesigned Texas title V program. The

EPA extended the comment period until

October 5, 1995, in a Federal Register

notice published August 4, 1995.

Comments were received from 27

parties during the extended period.

Below is EPA’s response to comments

received on the proposed source

category-limited interim approval for

the Texas Operating Permits program.

1. Comment 1—All the comments

received unanimously suggested EPA

delay and/or defer final approval of the

Texas interim program until such time

as TNRCC is able to submit a revised

Regulation XII and program submittal.

EPA Response—The EPA cannot

‘‘delay and/or defer’’ an action on a

pending title V program submittal.

However, in addition to preparing a

Response to Comments and a Federal