[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34251-34252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16205]


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POSTAL SERVICE

39 CFR Part 111


Price Marking Requirements for Commercial Base and Commercial 
Plus Pricing

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Final rule.

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SUMMARY: The Postal Service is implementing new price marking 
requirements on Express Mail[supreg] and Priority Mail[supreg] pieces 
mailed at commercial base and commercial plus prices. The new markings 
are needed to fulfill our revenue reporting and revenue assurance 
requirements.

DATES: Effective Date: November 2, 2009.

FOR FURTHER INFORMATION CONTACT: Monica Grein, 202-268-8411.

SUPPLEMENTARY INFORMATION: On April 3, 2009, the Postal Service 
published a Federal Register proposed rule (Volume 74, Number 63, pages 
15226-15227) inviting comments on a revision to require price markings 
on Express Mail and Priority Mail pieces mailed at commercial base and 
commercial plus prices. We received two sets of comments. After 
reviewing those comments, and upon further consideration of the 
proposed revisions, the Postal Service has decided to adopt the 
proposed regulations with no revisions.
    As noted in the SUPPLEMENTARY INFORMATION section of the proposed 
rule, the Postal Service is revising the Mailing Standards of the 
United States Postal Service, Domestic Mail Manual (DMM[supreg]) to 
require price markings on Express Mail and Priority Mail pieces mailed 
at the commercial base or the commercial plus prices. The new markings 
will help us determine which price was applied to these pieces, and 
verify that the pieces qualify for the price claimed. The markings must 
appear on pieces paid by any means except permit imprint or Express 
Mail Corporate Account.
    Under this final rule, mailers must print or produce as part of the 
meter imprint or PC Postage[reg] indicia--``Commercial Base Price,'' 
``Commercial Base Pricing,'' or ``ComBasPrice,'' for pieces paid at the 
Commercial Base price; and ``Commercial Plus Price,'' ``Commercial Plus 
Pricing,'' or ``ComPlsPrice'' for pieces paid at the Commercial Plus 
price. The appropriate marking must appear directly above, directly 
below, or to the left of the postage.

Evaluation of Comments Received

    The Postal Service received two sets of comments. Both of the 
comments suggested that the Postal Service allow the markings ``Express 
CBP'' and ``Priority CBP.'' We have decided not to add these markings 
to the list of acceptable price markings because ``Priority Mail'' and 
``Express Mail'' are trademarks owned by the Postal Service for 
expedited delivery services and expedited delivery packaging. The use 
of an incomplete trademark, i.e., the single words ``Priority'' or 
``Express'' on ``Priority Mail'' pieces or ``Express Mail'' pieces is 
unacceptable to the Postal Service.
    One commenter also asked that we extend our effective date past the 
90 days we proposed. Even though the Postal Service thinks 90 days is 
sufficient time to conform to this rule, mailers requiring additional 
time may submit a request for an exception to the Manager, Mailing 
Standards. Requests will be evaluated based on the circumstances of the 
individual mailer's progress towards transition.
    The Postal Service adopts the following changes to Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM[reg]), which is incorporated by reference in the Code of Federal 
Regulations. See 39 CFR 111.1.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

0
Accordingly, 39 CFR Part 111 is amended as follows:

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR Part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, 
and 5001.


0
2. Revise the following sections of Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM) as follows:
* * * * *

400 Commercial Parcels

* * * * *

402 Elements on the Face of a Mailpiece

* * * * *

2.0 Placement and Content of Markings

    [Renumber 2.1 through 2.5 as 2.2 through 2.6 and add new 2.1, 
Express Mail and Priority Mail Markings, as follows:]

2.1 Express Mail and Priority Mail Markings

    Except for pieces paid using permit imprint or an Express Mail 
Corporate Account, Express Mail and Priority Mail pieces claiming the 
commercial base or commercial plus price must bear the appropriate 
price marking, printed on the piece or produced as part of the meter 
imprint or PC Postage indicia. Place the marking directly above, 
directly below, or to the left of the postage. Markings are as follows: 
a. ``Commercial Base Price,'' ``Commercial Base Pricing,'' or 
``ComBasPrice.'' b. ``Commercial Plus Price,'' ``Commercial Plus 
Pricing,'' or ``ComPlsPrice.''
* * * * *

410 Express Mail

* * * * *

415 Mail Preparation

[Reorganize and revise section 1.0 by adding a new 1.2 as follows:]

1.0 General Information for Mail Preparation

1.1 Express Mail Packaging Provided by the USPS

    Express Mail packaging provided by the USPS must be used only for 
Express Mail. Regardless of how the packaging is reconfigured or how 
markings may be obliterated, any material mailed in USPS-provided 
Express Mail packaging is charged the appropriate Express Mail price.

1.2 Price Marking

    Except for pieces paid using an Express Mail Corporate Account, 
Express Mail pieces claiming the commercial base or commercial plus 
price must bear the appropriate price marking, printed on the piece or 
produced as part of the meter imprint or PC Postage indicia. Place the 
marking directly above, directly below, or to the left of the postage. 
Markings are as follows:

[[Page 34252]]

    a. ``Commercial Base Price,'' ``Commercial Base Pricing,'' or 
``ComBasPrice.''
    b. ``Commercial Plus Price,'' ``Commercial Plus Pricing,'' or 
``ComPlsPrice.''
* * * * *

420 Priority Mail

* * * * *

425 Mail Preparation

* * * * *

2.0 Marking

[Reorganize and revise section 2.0 as follows:]

2.1 Product Marking

    The marking ``Priority Mail'' must be placed prominently on the 
address side of each piece of Priority Mail.

2.2 Price Marking

    Except for pieces paid using permit imprint, Priority Mail pieces 
claiming the commercial base or commercial plus price must bear the 
appropriate price marking, printed on the piece or produced as part of 
the meter imprint or PC Postage indicia. Place the marking directly 
above, directly below, or to the left of the postage. Markings are as 
follows:
    a. ``Commercial Base Price,'' ``Commercial Base Pricing,'' or 
``ComBasPrice.''
    b. ``Commercial Plus Price,'' ``Commercial Plus Pricing,'' or 
``ComPlsPrice.''
* * * * *

Stanley F. Mires,
Attorney, Legislative.
 [FR Doc. E9-16205 Filed 7-14-09; 8:45 am]
BILLING CODE 7710-12-P