Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations 55139 

the Librarian of Congress upon the 

recommendation of the Register of 

Copyrights. Section 1201(a)(1)(D) 

provides that ‘‘The Librarian shall 

publish any class of copyrighted works 

for which the Librarian has determined, 

pursuant to the rulemaking conducted 

under subparagraph (C), that 

noninfringing uses by persons who are 

users of a copyrighted work are, or are 

likely to be, adversely affected, and the 

prohibition contained in subparagraph 

(A) shall not apply to such users with 

respect to such class of works for the 

ensuing 3-year period.’’ 

The Register of Copyrights is 

conducting the fourth of these triennial 

rulemaking proceedings and is in the 

final stages of making her 

recommendation to the Librarian of 

Congress. The rulemaking conducted in 

2006 identified six classes of works to 

be subject to exemption from the 

prohibition on circumvention for the 

period beginning November 27, 2006, 

and ending October 27, 2009. Because 

the Register will not be able to present 

her recommendation to the Librarian of 

Congress before October 27, it is 

necessary to extend the effective dates 

of the existing regulation identifying 

those classes of works until the time 

that the Librarian acts upon the 

recommendation of the Register. It is 

anticipated that this extension will be in 

effect for no more than a few weeks. 

Accordingly, the Register of 

Copyrights recommends to the Librarian 

of Congress that the existing regulation, 

codified at 37 CFR 201.40(b), be 

amended on an interim basis to strike 

the reference to the October 27, 2009, 

termination date for the list of classes of 

works identified in the regulation. 

The Librarian of Congress accepts the 

recommendation of the Register of 

Copyrights and adopts the following 

interim rule. 

List of Subjects in 37 CFR Part 201 

Cable television, Copyright, 

Exemptions to prohibition against 

circumvention, Literary works, 

Recordings, Satellites. 

Dated: October 20, 2009. 

Marybeth Peters, 

Register of Copyrights. 

Interim Regulation 

■ For the reasons set forth in the 

preamble, 37 CFR part 201 is amended 

as follows: 

PART 201–GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

§ 201.40 [Amended] 

■ 2. Section 201.40 (b) introductory text 

is amended by removing ‘‘from 

November 27, 2006, through October 27, 

2009,’’ and adding in its place 

‘‘commencing November 27, 2006.’’ 

Dated: October 22, 2009. 

James H. Billington, 

Librarian of Congress. 

[FR Doc. E9–25850 Filed 10–26–09; 8:45 am] 

BILLING CODE 1410–30–P 

POSTAL SERVICE 

39 CFR Part 20 

Return Address Requirement 

—Outbound International Commercial 

Bulk Mailings 

AGENCY: Postal ServiceTM. 

ACTION: Final rule with comment period. 

SUMMARY: The Postal Service is revising 

the Mailing Standards of the United 

States Postal Service, International Mail 

Manual (IMM®) to require that 

mailpieces prepared as a commercial 

bulk mailing must bear a complete U.S. 

return address. 

DATES: Effective date: January 4, 2010. 

Comment date: Mail or deliver 

written comments until December 4, 

2009. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. You may 

inspect and photocopy all written 

comments at USPS Headquarters 

Library, 475 L’Enfant Plaza, SW., 11th 

Floor N., Washington, DC between 9 

a.m. and 4 p.m., Monday through 

Friday. E-mail comments, containing 

the name and address of the commenter, 

may be sent to 

MailingStandards@usps.gov with a 

subject line of ‘‘Return Address 

Requirement—Outbound International 

Commercial Bulk Mailings.’’ Faxed 

comments will not be accepted. 

FOR FURTHER INFORMATION CONTACT: Rick 

Klutts at 813–877–0372. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is making this change to be 

consistent with the amended regulations 

of the Universal Postal Union (UPU) 

Proposal 25.123.2 that revises Article RL 

123, Paragraph 10 of the UPU Letter 

Post Regulations. This revision will 

codify that mailpieces prepared as a 

commercial bulk mailing must bear a 

complete return address in the country 

of origin of the mail. For this purpose, 

a ‘‘bulk mailing’’ is any International 

Priority AirmailTM (IPA®) or 

International Surface Air Lift® (ISAL®) 

mailing, or any other mailing paid with 

an advance deposit account presented to 

the USPS for weighing and acceptance. 

The Postal Service hereby adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

International Mail Manual (IMM), 

which is incorporated by reference in 

the Code of Federal Regulations. See 39 

CFR 20.1. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

■ Accordingly, 39 CFR part 20 is 

amended as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 20 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 

404, 407, 408, 3622, 3632, and 3633. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), as follows: 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) 

1 International Mail Services 

* * * * * 

120 Preparation for Mailing 

* * * * * 

122 Addressing 

* * * * * 

122.2 Return Address 

[Revise 122.2 as follows:] 

Due to heightened security, many 

foreign postal administrations require 

complete sender and addressee 

information in roman letters and arabic 

numerals on postal items. The complete 

address of the sender, including ZIP 

Code and country of origin, should be 

shown in the upper left corner of the 

address side of the envelope, card, flat, 

or package. Only one return address 

may be used, and it must be located so 

that it does not affect either the clarity 

of the address of destination or the 

application of service labels and 

notations (postmarks, etc.). Unregistered 

items bearing a return address in 

another country are accepted only at the 

sender’s risk. In the case of bulk 

mailings, all mailpieces must bear a 

complete U.S. return address. For the 

purpose of this section, a ‘‘bulk 

mailing’’ is any IPA or ISAL mailing, or 

any other mailing paid with an advance 


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55140 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations 

deposit account presented to the USPS 

for weighing and acceptance. 

* * * * * 

2 Conditions for Mailing 

* * * * * 

290 Commercial Services 

* * * * * 

292 International Priority Airmail 

(IPA) Service 

* * * * * 

292.4 Mail Preparation 

[Revise the title and introductory 

sentence in 292.41 as follows:] 

292.41 Addressing and Return 

Address 

IPA mailpieces are subject to the 

addressing requirements contained in 

122, including the requirement of a 

complete U.S. return address. 

* * * * * 

293 International Surface Air Lift 

(ISAL) Service 

* * * * * 

293.4 Mail Preparation 

[Revise the title and introductory 

sentence in 293.41 as follows:] 

293.41 Addressing and Return 

Address 

ISAL mailpieces are subject to the 

addressing requirements contained in 

122, including the requirement of a 

complete U.S. return address. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel. 

[FR Doc. E9–25461 Filed 10–26–09; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 111 

New Move Update Assessment 

Procedures for January 2010 for 

Automation and Presort First-Class 

Mail and All Standard Mail Items 

AGENCY: Postal Service TM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is filing 

with the Postal Regulatory Commission 

a notice of revisions to policies and 

procedures for determining postage 

adjustments for mailings of First-Class 

Mail® and Standard Mail® pieces that 

are determined to contain a large 

number of address inaccuracies. 

Consistent with the Commission filing, 

this notice and final rule provides 

revised mailing standards and 

procedures for administering the Move 

Update standards. 

DATES: Effective January 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, 202–268–7278. 

SUPPLEMENTARY INFORMATION: The Postal 

Service previously published a final 

rule regarding several changes to 

mailing standards in support of the May 

11, 2009 price change, in the Federal 

Register on April 6, 2009, and stated: 

* * * ‘‘Beginning in January 2010, we 

establish a charge for Standard Mail 

mailings not meeting Move Update 

standards of 7 cents per piece, in 

addition to the applicable Standard Mail 

postage.’’ The notice and final rule 

published today discusses tolerances for 

determining when the number of 

change-of-address inaccuracies in a 

mailing requires additional postage 

assessments at the time of acceptance, 

and also discusses how the error rate 

and additional postage assessment will 

be calculated for First-Class Mail and 

Standard Mail items at the time of 

acceptance. 

This assessment approach is not 

designed to permit customers to 

substitute payment of the Move Update 

Assessment Charge for the 

implementation of appropriate 

processes that meet the requirements of 

the Move Update standard. It is 

designed to facilitate the acceptance of 

mail in the event that a Performance 

Based Verification (PBV) process 

determines that a sample of the mailing 

has an error rate above a tolerance 

specified by the Postal Service. If 

customers do not certify that they meet 

the Move Update requirement or are 

determined not to have met this 

requirement, they are subject to singlepiece First-Class Mail prices on all 

pieces in the mailing. 

We provide additional background 

and an explanation of the Move Update 

standards and new procedures, followed 

by changes to the mailing standards in 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®). 

Background 

The Move Update standard requires 

periodic matching of a mailer’s address 

records with customer-filed change-ofaddress (COA) orders received and 

maintained by the Postal Service. The 

mailer then is required to update the 

address on the mailpiece for any 

addressee with a COA on file. The goal 

is to reduce the number of mailpieces in 

a mailing that require forwarding or 

return. Mailers who claim Presorted or 

automation prices for First-Class Mail or 

any Standard Mail prices must certify 

that they have updated the mailing 

addresses contained in the mailing 

within the 95-day period preceding the 

mailing date. 

All deficient mailings of commercial 

First-Class Mail pieces have been 

subject to single-piece First-Class Mail 

prices for each piece in the mailing. In 

the absence of any action, the same 

consequence would have applied to 

Standard Mail mailings that Postal 

Service acceptance procedures 

determine to be deficient. This would 

have been a substantial increase in 

postage for Standard Mail pieces found 

to be deficient at acceptance. 

To mitigate this effect, the Postal 

Service announced in 2008 that we 

would assess 7 cents per piece for all 

pieces in Standard Mail mailings with 

an error rate (pieces with a COA that 

were not updated/total pieces with 

COAs) greater than a tolerance 

established by the Postal Service. The 

assessment was initially intended for 

May 2009 implementation. However, in 

response to strong customer concerns, 

we deferred implementation until 

January 2010 via an announcement in 

our April 6, 2009 Federal Register 

notice. 

Consistent with the treatment of 

Standard Mail, the Postal Service has 

now decided to apply a 7-cent per piece 

additional postage charge for First-Class 

Mail pieces determined by acceptance 

procedures to have an error rate of 

greater than 30 percent, effectively 

lowering the additional postage 

assessments for First-Class Mail pieces. 

In addition, for both First-Class Mail 

and Standard Mail, the additional 

postage charge would apply to the 

percentage of the mailing, above the 

Postal Service-established tolerance, 

determined by sampling to be in error. 

Procedures 

Performance-Based Verification 

procedures at acceptance allow the 

Postal Service to test a sample of the 

mailing and evaluate the effectiveness of 

a customer’s Move Update processes. 

The addresses in the verification sample 

are compared to the National Change of 

Address (NCOA) database. To determine 

the change of address accuracy in the 

sample, the PBV process will determine 

the number of pieces within the sample 

that should have been updated with 

COA information (A). The PBV process 

will then determine the number of 

pieces that were not properly updated 

(B). The PBV process will calculate the 

error rate in the sample by dividing B 


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