80_FR_13818 80 FR 13767 - Clarification of Content Eligibility for Standard Mail Marketing Parcels

80 FR 13767 - Clarification of Content Eligibility for Standard Mail Marketing Parcels

POSTAL SERVICE

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13767-13768
FR Document2015-05885

The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual to (DMM[supreg]) to reaffirm basic eligibility standards for Standard Mail Marketing Parcels.

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13767-13768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05885]


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POSTAL SERVICE

39 CFR Part 111


Clarification of Content Eligibility for Standard Mail Marketing 
Parcels

AGENCY: Postal ServiceTM.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Postal Service is revising Mailing Standards of the United 
States Postal Service, Domestic Mail Manual to (DMM[supreg]) to 
reaffirm basic eligibility standards for Standard Mail Marketing 
Parcels.

DATES: Effective date: April 16, 2015.

FOR FURTHER INFORMATION CONTACT: Lizbeth Dobbins at 202-268-3789, John 
F. Rosato at 202-268-8597, or Suzanne Newman at 202-695-0550.

SUPPLEMENTARY INFORMATION: 

I. Proposed Rule

    The Postal Service published a proposed rule (80 FR 1872-1873) on 
January 14, 2015, with a comment period ending February 13, 2015, to 
recertify the definition of Standard Mail Marketing Parcels, remind 
customers about the basic eligibility and address format standards, and 
ensure compliance with the rule that this product line not be used for 
fulfillment.
    Background: Previously the Postal Service published standards for 
the use of the Marketing Parcel product which limited its use to non-
fulfillment activity. We affirmed that definition in Postal Bulletin 
22327 (December 29, 2011), and reaffirmed it in Postal Bulletin 22406 
(January 8, 2015).
    Specifically, Standard Mail Marketing Parcels were designed for 
mailers to send non-requested items or samples to potential customers. 
Our intent was to build a low cost prospecting vehicle; therefore, the 
Postal Service built in factors to minimize handling costs. One factor, 
the alternative addressing format, was required so that the current 
resident became the recipient of the mailpiece if the named addressee 
moved from that address. This avoided extra delivery and forwarding 
costs. Another factor was the specification of size restrictions, 
including the requirement that pieces needed to be similar in shape and 
weight if sent in a single mailing.
    Building upon the original intent, and to keep this product a 
viable and cost-effective promotional vehicle, we are adding stronger 
language to the DMM on content eligibility and address format for 
Standard Mail Marketing Parcels. This includes clarification that all 
Standard Mail Marketing Parcels (regular and nonprofit) must bear an 
alternate addressing format and cannot be used for ``fulfillment 
purposes'' (i.e. the sending of items specifically purchased or 
requested by the customer of a mailer). The one exception to this rule 
is if the customer of a mailer elects to receive certain samples in 
connection with the purchase of an item, those samples may be sent 
separately from the purchased item as a Standard Mail Marketing Parcel. 
Moreover, the alternate address format must be on the same line as the 
addressee's name, or on the address line directly above or below the 
addressee's name as identified in DMM 602.3.4.

II. Comments and Responses

    We received feedback from five commenters, who raised three 
distinct issues.
    (1) Statement: One commenter had no issues with the definition and 
wondered why it was an issue.
    Response: It came to the attention of the Postal Service that this 
product was being improperly used for fulfillment, since it was so 
inexpensive.
    (2) Statement: Four commenters stated they had no issue with the 
content eligibility requirement but requested that a ``grace'' period 
be established to give them time to adjust their business models.
    Response: The Postal Service appreciates that some customers may 
have misused the product, as designed, and appreciates the challenges 
of adjusting business models. Therefore the Postal Service will review 
requests for a ``grace period'' on a case by case basis.
    (3) Statement: Three commenters requested additional time to adjust 
their existing contract agreements.
    Response: As stated above, the Postal Service will review requests 
for a ``grace period'' on a case by case basis.
    The Postal Service appreciates the forthrightness of the commenters 
in explaining how they do business using this product. In response to 
these concerns, the Postal Service has determined that it is 
appropriate to relax the proposed rule in one respect. Since the 
samples will not be required to be identical in weight, if a customer 
elects to receive certain samples in connection with the purchase of an 
item, those samples may be sent separately from the purchased item as a 
Standard Mail Marketing Parcel as long as the transactions are linked.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    The Postal Service adopts the following changes to Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM), incorporated by reference in the Code of Federal Regulations. 
See 39 CFR 111.1. Accordingly, for the reasons stated in the preamble, 
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:


[[Page 13768]]


    Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 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:

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

200 Commercial Mail

* * * * *

240 Standard Mail

243 Prices and Eligibility

* * * * *

3.0 Basic Eligibility Standards for Standard Mail

* * * * *

3.2 Defining Characteristics

* * * * *

3.2.2 Standard Mail Marketing Parcels

[Revise 3.2.2 to read as follows:]

    All Standard Mail Marketing parcels (regular and nonprofit) must 
bear an alternate addressing format and cannot be used for 
``fulfillment purposes'' (i.e. the sending of items specifically 
purchased or requested by the customer of a mailer). The alternate 
address format must be on the same line as the addressee's name or on 
the address line directly above or below the addressee's name.
* * * * *
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes.

Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2015-05885 Filed 3-16-15; 8:45 am]
 BILLING CODE 7710-12-P



                                                                 Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations                                         13767

                                              SUPPLEMENTARY INFORMATION:      Burlington              (DMM®) to reaffirm basic eligibility                  the address line directly above or below
                                              Northern Santa Fe (BNSF) Railway                        standards for Standard Mail Marketing                 the addressee’s name as identified in
                                              requested this deviation to facilitate the              Parcels.                                              DMM 602.3.4.
                                              installation of new rail joints on the lift             DATES: Effective date: April 16, 2015.                II. Comments and Responses
                                              span. BNSF has scheduled this
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              installation to coincide with the U.S.                                                                           We received feedback from five
                                                                                                      Lizbeth Dobbins at 202–268–3789, John
                                              Army Corps of Engineers lock outages                                                                          commenters, who raised three distinct
                                                                                                      F. Rosato at 202–268–8597, or Suzanne
                                              on the Columbia River. The Celilo                                                                             issues.
                                                                                                      Newman at 202–695–0550.
                                              Bridge crosses the Columbia River at                                                                             (1) Statement: One commenter had no
                                              mile 201.2 and provides 18.8 feet of                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                            issues with the definition and wondered
                                              vertical clearance above Columbia River                 I. Proposed Rule                                      why it was an issue.
                                              Datum 0.0 while in the closed position.                                                                          Response: It came to the attention of
                                                                                                         The Postal Service published a
                                              Under normal operations, this bridge                                                                          the Postal Service that this product was
                                                                                                      proposed rule (80 FR 1872–1873) on
                                              opens as required by 33 CFR 117.869.                                                                          being improperly used for fulfillment,
                                                                                                      January 14, 2015, with a comment
                                              The deviation period is from 7 a.m. to                                                                        since it was so inexpensive.
                                                                                                      period ending February 13, 2015, to
                                              3 p.m. daily on March 9, 2015 through                                                                            (2) Statement: Four commenters
                                                                                                      recertify the definition of Standard Mail
                                              March 13, 2015. This deviation allows                                                                         stated they had no issue with the
                                                                                                      Marketing Parcels, remind customers
                                              the lift span of the BNSF Railway Bridge                                                                      content eligibility requirement but
                                                                                                      about the basic eligibility and address
                                              across the Columbia River, mile 201.2,                                                                        requested that a ‘‘grace’’ period be
                                                                                                      format standards, and ensure
                                              to remain in the closed-to-navigation                                                                         established to give them time to adjust
                                                                                                      compliance with the rule that this
                                              position, and need not open for                                                                               their business models.
                                                                                                      product line not be used for fulfillment.
                                              maritime traffic during the periods                        Background: Previously the Postal                     Response: The Postal Service
                                              listed above. The bridge shall operate in               Service published standards for the use               appreciates that some customers may
                                              accordance to 33 CFR 117.869 at all                     of the Marketing Parcel product which                 have misused the product, as designed,
                                              other times. Waterway usage on this                     limited its use to non-fulfillment                    and appreciates the challenges of
                                              part of the Columbia River includes                     activity. We affirmed that definition in              adjusting business models. Therefore
                                              vessels ranging from commercial tug                     Postal Bulletin 22327 (December 29,                   the Postal Service will review requests
                                              and barge to small pleasure craft.                      2011), and reaffirmed it in Postal                    for a ‘‘grace period’’ on a case by case
                                                 Vessels able to pass through the                                                                           basis.
                                                                                                      Bulletin 22406 (January 8, 2015).
                                              bridge in the closed positions may do so                   Specifically, Standard Mail Marketing                 (3) Statement: Three commenters
                                              at anytime. The BNSF Railway Bridge                     Parcels were designed for mailers to                  requested additional time to adjust their
                                              will not be able to open for emergencies,               send non-requested items or samples to                existing contract agreements.
                                              and there is no immediate alternate                     potential customers. Our intent was to                   Response: As stated above, the Postal
                                              route for vessels to pass. The Coast                    build a low cost prospecting vehicle;                 Service will review requests for a ‘‘grace
                                              Guard will also inform the users of the                 therefore, the Postal Service built in                period’’ on a case by case basis.
                                              waterways through our Local and                         factors to minimize handling costs. One                  The Postal Service appreciates the
                                              Broadcast Notices to Mariners of the                    factor, the alternative addressing format,            forthrightness of the commenters in
                                              change in operating schedule for the                    was required so that the current resident             explaining how they do business using
                                              bridge so that vessels can arrange their                became the recipient of the mailpiece if              this product. In response to these
                                              transits to minimize any impact caused                  the named addressee moved from that                   concerns, the Postal Service has
                                              by the temporary deviation.                             address. This avoided extra delivery and
                                                 In accordance with 33 CFR 117.35(e),                                                                       determined that it is appropriate to relax
                                                                                                      forwarding costs. Another factor was the              the proposed rule in one respect. Since
                                              the drawbridge must return to its regular
                                                                                                      specification of size restrictions,                   the samples will not be required to be
                                              operating schedule immediately at the
                                                                                                      including the requirement that pieces                 identical in weight, if a customer elects
                                              end of the effective period of this
                                                                                                      needed to be similar in shape and                     to receive certain samples in connection
                                              temporary deviation. This deviation
                                                                                                      weight if sent in a single mailing.                   with the purchase of an item, those
                                              from the operating regulations is                          Building upon the original intent, and
                                              authorized under 33 CFR 117.35.                                                                               samples may be sent separately from the
                                                                                                      to keep this product a viable and cost-               purchased item as a Standard Mail
                                                Dated: March 5, 2015.                                 effective promotional vehicle, we are                 Marketing Parcel as long as the
                                              Steven M. Fischer,                                      adding stronger language to the DMM                   transactions are linked.
                                              Bridge Administrator, Thirteenth Coast                  on content eligibility and address format
                                              Guard, District.                                        for Standard Mail Marketing Parcels.                  List of Subjects in 39 CFR Part 111
                                              [FR Doc. 2015–05886 Filed 3–13–15; 11:15 am]            This includes clarification that all                    Administrative practice and
                                              BILLING CODE 9110–04–P                                  Standard Mail Marketing Parcels                       procedure, Postal Service.
                                                                                                      (regular and nonprofit) must bear an                    The Postal Service adopts the
                                                                                                      alternate addressing format and cannot                following changes to Mailing Standards
                                              POSTAL SERVICE                                          be used for ‘‘fulfillment purposes’’ (i.e.            of the United States Postal Service,
                                                                                                      the sending of items specifically                     Domestic Mail Manual (DMM),
                                              39 CFR Part 111                                         purchased or requested by the customer                incorporated by reference in the Code of
                                                                                                      of a mailer). The one exception to this               Federal Regulations. See 39 CFR 111.1.
                                              Clarification of Content Eligibility for                rule is if the customer of a mailer elects
                                              Standard Mail Marketing Parcels                                                                               Accordingly, for the reasons stated in
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                                                                                                      to receive certain samples in connection              the preamble, 39 CFR part 111 is
                                              AGENCY:    Postal ServiceTM.                            with the purchase of an item, those                   amended as follows:
                                              ACTION:   Final rule.                                   samples may be sent separately from the
                                                                                                      purchased item as a Standard Mail                     PART 111—[AMENDED]
                                              SUMMARY:  The Postal Service is revising                Marketing Parcel. Moreover, the
                                              Mailing Standards of the United States                  alternate address format must be on the               ■ 1. The authority citation for 39 CFR
                                              Postal Service, Domestic Mail Manual to                 same line as the addressee’s name, or on              part 111 continues to read as follows:


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                                              13768              Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations

                                                Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–            ACTION:   Final rule.                                 INFORMATION CONTACT     section to
                                              307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,                                                                      schedule your inspection. The Regional
                                              401, 403, 404, 414, 416, 3001–3011, 3201–               SUMMARY:    The Environmental Protection              Office’s official hours of business are
                                              3219, 3403–3406, 3621, 3622, 3626, 3632,                Agency (EPA) is approving a State                     Monday through Friday, 8:30 a.m. to
                                              3633, and 5001.                                         Implementation Plan (SIP) revision                    4:30 p.m., excluding legal holidays.
                                              ■ 2. Revise the following sections of                   submitted by the State of Connecticut.                  Copies of the documents relevant to
                                              Mailing Standards of the United States                  The regulations adopted by Connecticut                this action are also available for public
                                              Postal Service, Domestic Mail Manual                    include the California Low Emission                   inspection during normal business
                                              (DMM), as follows:                                      Vehicle (LEV) II light-duty motor                     hours, by appointment at the Bureau of
                                                                                                      vehicle emission standards effective in               Air Management, Department of Energy
                                              Mailing Standards of the United States                  model year 2008, the California LEV II                and Environmental Protection, State
                                              Postal Service, Domestic Mail Manual                    medium-duty vehicle standards                         Office Building, 79 Elm Street, Hartford,
                                              (DMM)                                                   effective in model year 2009, and                     CT 06106–1630.
                                              *      *     *       *      *                           greenhouse gas emission standards for                 FOR FURTHER INFORMATION CONTACT:
                                                                                                      light-duty motor vehicles and medium-                 Donald O. Cooke, Air Quality Planning
                                              200    Commercial Mail
                                                                                                      duty vehicles effective with model year               Unit, U.S. Environmental Protection
                                              *      *     *       *      *                           2009. The Connecticut LEV regulation                  Agency, EPA New England Regional
                                              240    Standard Mail                                    submitted also includes a zero emission               Office, Office of Ecosystem Protection,
                                                                                                      vehicle (ZEV) provision, as well as                   Air Quality Planning Unit, 5 Post Office
                                              243    Prices and Eligibility                           emission control label and                            Square–Suite 100, (Mail code OEP05–2),
                                              *      *     *       *      *                           environmental performance label                       Boston, MA 02109–3912, telephone
                                                                                                      requirements. Connecticut has adopted                 number (617) 918–1668, fax number
                                              3.0 Basic Eligibility Standards for                     these revisions to reduce emissions of
                                              Standard Mail                                                                                                 (617) 918–0668, email cooke.donald@
                                                                                                      volatile organic compounds (VOC) and                  epa.gov.
                                              *      *     *       *      *                           nitrogen oxides (NOX) in accordance
                                                                                                      with the requirements of the Clean Air                SUPPLEMENTARY INFORMATION:
                                              3.2   Defining Characteristics                          Act (CAA), as well as to reduce                       Throughout this document whenever
                                              *      *     *       *      *                           greenhouse gases (carbon dioxide,                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                      methane, nitrous oxide, and                           EPA.
                                              3.2.2 Standard Mail Marketing                                                                                    Organization of this document. The
                                                                                                      hydrofluorocarbons). In addition,
                                              Parcels                                                                                                       following outline is provided to aid in
                                                                                                      Connecticut has worked to ensure that
                                              [Revise 3.2.2 to read as follows:]                      their program is identical to California’s,           locating information in this preamble.

                                                 All Standard Mail Marketing parcels                  as required by the CAA. The intended                  I. Background and Purpose
                                                                                                      effect of this action is to approve the               II. Response to Public Comments
                                              (regular and nonprofit) must bear an                                                                          III. Final Action
                                              alternate addressing format and cannot                  Connecticut LEV II program. In
                                                                                                      addition, EPA is approving the removal                IV. Statutory and Executive Order Reviews
                                              be used for ‘‘fulfillment purposes’’ (i.e.
                                              the sending of items specifically                       of the definition and regulation of                   I. Background and Purpose
                                              purchased or requested by the customer                  ‘‘composite motor vehicles’’ from the
                                                                                                                                                               On January 27, 2014 (79 FR 4308),
                                              of a mailer). The alternate address                     Connecticut’s SIP-approved vehicle
                                                                                                                                                            EPA published a Notice of Proposed
                                              format must be on the same line as the                  inspection and maintenance program.
                                                                                                                                                            Rulemaking (NPR) for the State of
                                              addressee’s name or on the address line                 These actions are being taken in
                                                                                                                                                            Connecticut, ‘‘Approval and
                                              directly above or below the addressee’s                 accordance with the CAA.
                                                                                                                                                            Promulgation of Air Quality
                                              name.                                                   DATES: This rule is effective on April 16,            Implementation Plans; Connecticut;
                                              *     *     *     *    *                                2015.                                                 Low Emission Vehicle Program.’’ The
                                                 We will publish an appropriate                       ADDRESSES: EPA has established a                      NPR proposed approval of Connecticut’s
                                              amendment to 39 CFR part 111 to reflect                 docket for this action under Docket                   Low Emissions Vehicle II (LEV II)
                                              these changes.                                          Identification No. EPA–R01–OAR–                       program, as adopted by Connecticut on
                                                                                                      2010–0121. All documents in the docket                December 4, 2004, and subsequently
                                              Stanley F. Mires,                                       are listed on the www.regulations.gov                 amended on December 22, 2005 and
                                              Attorney, Federal Requirements.                         Web site. Although listed in the index,               August 4, 2009. The Connecticut LEV II
                                              [FR Doc. 2015–05885 Filed 3–16–15; 8:45 am]             some information is not publicly                      program is cited as a weight-of-evidence
                                              BILLING CODE 7710–12–P                                  available, i.e., CBI or other information             measure in Connecticut’s Attainment
                                                                                                      whose disclosure is restricted by statute.            Demonstration SIP for the 1997 8-hour
                                                                                                      Certain other material, such as                       ozone standard, submitted to EPA on
                                              ENVIRONMENTAL PROTECTION                                copyrighted material, is not placed on                February 1, 2008. The formal LEV II SIP
                                              AGENCY                                                  the Internet and will be publicly                     revision was submitted by Connecticut
                                                                                                      available only in hard copy form.                     on January 22, 2010.
                                              40 CFR Part 52                                          Publicly available docket materials are                  On December 4, 2004, Connecticut
                                                                                                      available either electronically through               repealed the provisions of section 22a–
                                              [EPA–R01–OAR–2010–0121; A–1–FRL–                        www.regulations.gov or in hard copy at                174–36 of the Regulations of
                                              9915–05–Region 1]                                       the Office of Ecosystem Protection, U.S.              Connecticut State Agencies, rescinding
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                                              Approval and Promulgation of Air                        Environmental Protection Agency, EPA                  both the California Low Emission
                                              Quality Implementation Plans;                           New England Regional Office, Office of                Vehicle I program and the National Low
                                              Connecticut; Low Emission Vehicle                       Ecosystem Protection, Air Quality                     Emission Vehicle (NLEV) program. In
                                              Program                                                 Planning Unit, 5 Post Office Square–                  accordance with section 177 of the
                                                                                                      Suite 100, Boston, MA. EPA requests                   Clean Air Act (CAA) and as required by
                                              AGENCY: Environmental Protection                        that if at all possible, you contact the              Connecticut Public Act 04–84,
                                              Agency (EPA).                                           contact listed in the FOR FURTHER                     Connecticut adopted section 22a–174–


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Document Created: 2015-12-18 12:01:23
Document Modified: 2015-12-18 12:01:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactLizbeth Dobbins at 202-268-3789, John F. Rosato at 202-268-8597, or Suzanne Newman at 202-695-0550.
FR Citation80 FR 13767 
CFR AssociatedAdministrative Practice and Procedure and Postal Service

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