[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Rules and Regulations]
[Pages 62578-62583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23646]
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POSTAL SERVICE
39 CFR Part 111
Eligibility Requirements for Standard Mail
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: In this final rule the Postal Service adopts an amendment to
Domestic Mail Manual (DMM) standards concerning material eligible for
mailing at Standard Mail postage rates. The revised standards clarify
the circumstances in which mail containing ``personal'' information may
be eligible for Standard Mail, rather than First-Class Mail, rates. The
amendment also reorganizes and renumbers other standards for First-
Class Mail and Standard Mail to better describe the service provided
under each class.
EFFECTIVE DATE: June 1, 2005.
FOR FURTHER INFORMATION CONTACT: Sherry Freda, Manager, Mailing
Standards, United States Postal Service, 202-268-7261.
SUPPLEMENTARY INFORMATION: In a proposed rule published in the Federal
Register on April 19, 2004 (69 FR 20841), the Postal Service proposed
an amendment to Domestic Mail Manual (DMM) standards governing material
eligible for mailing at Standard Mail postage rates. The Postal Service
adopts the proposal, with modifications, for the reasons explained
below.
Background and Summary
As discussed in the proposal, Postal Service standards for First-
Class Mail and Standard Mail are based, in part, on laws enacted by
Congress and the specifications in the Domestic Mail Classification
Schedule (DMCS). These DMCS standards specify that printed material
weighing less than 16 ounces may be sent as Standard Mail if it is not
required to be entered as First-Class Mail. Generally, mail wholly or
partially in handwriting or typewriting, mail sealed against postal
inspection, material having the character of actual and personal
correspondence, and bills and statements of account must be mailed as
First-Class Mail or Express Mail.
Printed material, much of which is prepared by computer, often
qualifies at Standard Mail rates, but not always. If it includes
personal information, printed material may have the character of actual
and personal correspondence and be subject to First-Class Mail rates.
However, under certain limited conditions, printed material containing
personal information may be eligible for Standard Mail rates.
Over the last several years this provision has become more
significant as advances in technology enabled mailers to increase the
amount of ``personal information'' in computer-generated mailings,
including advertising material typically entered as Standard Mail. In
turn, this change has led to questions whether these mailings,
including tax mailings, warranty information, proxy materials,
financial services mailings such as credit card and equity loan
advertisements, and others, would qualify as Standard Mail. As a
result, in response to requests from postal customers for greater
clarity on Standard Mail eligibility, the Postal Service determined to
undertake this rulemaking.
The main focus of the proposal was the adoption of more explicit
guidance--a ``bright line''--concerning the inclusion of personal
information in Standard Mail. Other eligibility
[[Page 62579]]
standards are left substantively unchanged, although they were
reorganized for clarity and to better describe postal services.
Clarifying the circumstances in which personal information may be
included in Standard Mail is important for both the Postal Service and
its customers. All parties--the Postal Service, mailers, and mail
recipients--benefit from the provision of services that are fairly
priced and secure. Customers need certainty in the prices they will pay
for their mail, for budgeting and planning. Customers also need
assurance that they are charged the same prices as other customers are
charged for similar mail. From a postal perspective, consistent
administration of mail acceptance and classification is a vital
concern, and it is critical that all customers pay the proper rate of
postage on their mail.
Nevertheless, the Postal Service recognizes that it does not have
unlimited rulemaking discretion in this area. The Domestic Mail Manual
standards must be consistent with the provisions in the DMCS. Those
provisions are established under procedures set forth in the Postal
Reorganization Act and require a recommendation from the independent
Postal Rate Commission (PRC) following a Postal Service request to
effect changes. Therefore, while some commenters suggested radical
revisions to the standards in this area, these revisions in many cases
would require DMCS changes not contemplated in this rulemaking. Other
commenters raised issues that are beyond the scope of this rulemaking
and are not addressed here, such as comments concerning the procedures
for issuing administrative decisions or disclaimers regarding
solicitations in the guise of bills, invoices, or statements of account
required by 39 U.S.C. 3001(d)(2)(A).
This rulemaking is the first on this subject since the Postal
Service created standards in the early 1980s recognizing technological
advancements that permitted the inclusion of personal information in
advertising material historically sent as Standard Mail. Before that
rulemaking, the inclusion of any personal information in a mailpiece
caused its classification as First-Class Mail. The examples that
motivated that rulemaking involved instances where the only reason for
inclusion of the personal information in the mailpiece was to support
advertising or a solicitation for funds to a charitable organization.
As explained in the proposal, the Postal Service continues to stand by
the principles underlying that rulemaking and the policy that these
advertising or solicitation mailings should be entitled to entry at
Standard Mail rates.
The mailpieces that have prompted concerns among mailers and the
Postal Service are those that contain personal information that is
included for a reason other than the support of advertising or a
charitable solicitation. In some cases, the personal information
supports an advertisement or solicitation but is also included for
other reasons. And, in other cases, the personal information is not
included to support an advertisement or solicitation, but is included
only for other purposes. As an example, a mailpiece might convey to an
addressee the specific terms of an insurance policy to which the
addressee recently subscribed, such as the premiums, coverage, and
policy conditions. This is personal information and is conveyed to the
addressee to confirm the coverage he or she purchased. Similar
mailpieces also might include a request that the addressee consider
purchasing additional coverage.
Another example might involve a firm that sells radios, computers,
and clocks. The firm mails a warranty to customers who purchased
computers. The mailing includes personal information that specifies the
computer by model number, serial number, price, manufacturer, and date
of purchase, and also features specific warranty provisions applicable
to the product. The mailpiece advises the addressee/purchaser to retain
the correspondence for his or her records. The specific information in
the mailpiece associating the addressee to his or her computer purchase
is considered personal information. Some of the firm's mailings also
include advertising for radios, clocks, and other products sold by the
firm.
Consistent with the principles underlying the rulemaking in the
1980s, the Postal Service believes it vital to consider the purposes
for which personal information is included in a mailpiece. Where the
personal information is included solely to support an advertisement or
charitable solicitation, the mail will not be considered to have the
character of actual and personal correspondence and may be eligible for
Standard Mail rates (assuming it meets other applicable standards). In
contrast, where the personal information is included for other
purposes--rather than only to support a related advertisement or
solicitation--the mailpiece will be considered to have the character of
actual and personal correspondence and will not be eligible for
Standard Mail rates. Accordingly, in the examples discussed above, the
personal information is included to support purposes other than
advertising, either in whole or in part, and the mailpieces are
properly classified as First-Class Mail.
Summary of Comments
The Postal Service received 402 written comments in response to its
proposal, including several that were received late but were
considered. The commenters were diverse, including approximately 350
nonprofit organizations and organizations representing such
organizations; Congressional representatives; private individuals;
advocacy and political campaign constituencies; financial industry
representatives; Periodicals industry representatives; and commenters
concerned about privacy issues.
Nearly all comments agreed with the Postal Service's goal to
provide clearer guidance when mail containing personal information may
be entered as Standard Mail. There were a variety of views on the
effectiveness of the proposed changes, and many commenters suggested
improvements. A small number suggested that the proposal be withdrawn
and a new proposal considered, possibly following discussions with
mailer groups. The Postal Service has carefully considered these
comments and, in some respects, has modified the proposed rule. In
other areas of concern, we are providing a more thorough explanation in
this final rule or in other publicly available rulings, such as
Customer Support Rulings (CSRs) on Postal Explorer (http://pe.usps.gov). Since we believe that these actions satisfy the concerns
expressed by commenters, we find that it is not necessary to withdraw
the proposal and initiate a further rulemaking process.
Comments Analysis
Many commenters expressed concern that application of the proposed
``exclusive purpose'' test could cause mailings to be classified as
First-Class Mail because of the inclusion of nonpersonal information in
the mailpiece. This concern was most often expressed by nonprofit
organizations and their representatives, who explained that many
nonprofit mailings contain educational or other purely informational
material in addition to solicitations for donations. These comments are
well taken. Upon reviewing the proposal, the Postal Service agrees that
a literal application of the proposed standard might result in
[[Page 62580]]
unintended consequences and has determined to revise the language.
For example, assume a mailpiece entered by an authorized nonprofit
organization included a cover letter seeking donations from members.
The letter lists the member's donation from the previous year, which is
considered personal information, and urges the member to double the
amount this year. The only purpose for the personal information (the
amount of the previous donation) is to support the solicitation for
donations. However, also included in the mailpiece is a preprinted
flyer outlining the extent of famine conditions internationally and
explaining the organization's recent efforts concerning disaster
relief. The purpose of this flyer is, at least in part, educational.
The Postal Service believes this mailpiece, as described, should be
eligible for Standard Mail rates, since the inclusion of purely
nonpersonal, informational printed material should not disqualify it
from the use of Standard Mail rates. However, that conclusion would be
open to question under a literal application of the proposed rule,
particularly proposed E610.3.1c, which considers whether the exclusive
purpose of the ``mailpiece'' is advertising or a solicitation of
donations.
Although the Postal Service agrees that the concerns raised by
nonprofits have merit, it has determined to adopt a different remedy
than suggested. The remedy proposed by these commenters would apply
only to nonprofit organizations. The Postal Service believes that
excluding other mailers is inappropriate, since the inclusion of purely
nonpersonal, informational material should not disqualify other mailers
from using Standard Mail rates.
Additionally, some commenters suggest a test where advertising or
solicitation must be the primary (rather than the exclusive) purpose of
the mailing. We believe that this test would be difficult to
administer. In the example of the nonprofit mailing above, how would we
determine the primary purpose of the mailpiece? Additionally, we find
that a primary purpose test is unnecessary, if not inappropriate, in
this context, because the amount of purely nonpersonal, printed
informational material should not disqualify a mailpiece from the use
of Standard Mail rates. In short, we do not believe the classification
of a mailpiece should hinge on whether the solicitation or provision of
nonpersonal information is the primary purpose of the mailpiece, as
long as all personal information is included only to support the
advertising or solicitation content.
This approach is consistent with the principle underlying the early
1980s rulemaking. Thus, in the nonprofit example described above, if
the only purpose for including the personal information is to support a
solicitation for donations, the inclusion of the personal information
should not cause the piece to be classified as First-Class Mail.
Further, the inclusion of purely nonpersonal educational or other
informational content in the mailpiece should not disqualify the
mailpiece from entry at Standard Mail rates, regardless of the amount
of such information or its ratio to the amount of advertising content,
subject to applicable weight limits for Standard Mail. Accordingly, we
are deleting proposed E610.3.1c and substituting the following: ``The
exclusive reason for inclusion of all of the personal information is to
support the advertising or solicitation in the mailpiece.''
Many of the remaining comments on the proposed rule center on two
themes: a concern that the proposed rule will be difficult to
administer or result in inconsistent decisions, and proposals for
``safe harbors'' for the mail of specific industries. The financial
industry, represented by seven commenters, requested a safe harbor for
certain types of financial services mail, such as offers with terms or
pricing that include pre-approved offers for credit and insurance.
Another financial industry commenter requested a safe harbor for
mailings required by regulations of other federal agencies. ``[C]hanges
to the Title 12--Banks and Banking regulations that have resulted in
written notification to customers. * * *'' is cited as the example.
Representatives of authorized Nonprofit Standard Mail mailers offered a
similar suggestion, proposing to permit the inclusion of personal
information in nonprofit mail if it ``advances one or more qualifying
purposes of the organization.''
A small number of commenters representing an election campaign
constituency claim that they are the subject of discrimination, on the
basis that commercial mailings may be eligible for Standard Mail rates
while sample ballots and other political campaign mail containing
personal information is not. They support the intent of the proposed
revisions as they affect commercial mailings but express the opinion
that election campaign mail does not fit into the same category and any
revisions ``should specifically exempt political mail.''
The Postal Service does not believe it proper, nor believe itself
authorized, to create ``safe harbors'' for the mail of particular
mailers, particular industries, or types of customers. The standards in
the Domestic Mail Manual must be consistent with the DMCS and
applicable statutes. The DMCS creates general standards and does not
suggest that certain types of mail or mailers be excepted from
standards. This principle also is consistent with the Postal
Reorganization Act, which prohibits the Postal Service (except where
statutorily authorized) from undue or unreasonable discrimination among
mailers in the provision of services (see 39 U.S.C. 403(c)).
Moreover, even if the Postal Service had the authority to create
``safe harbors,'' their adoption could create the type of
administrative concerns that motivated this rulemaking. We would need
to define the safe harbors and then apply the standards to determine
whether a mailing meets that category. For example, if we adopted a
safe harbor for financial services mailings containing personal
information, we must define ``financial services'' mail, and then
determine whether specific mailings fell within that definition. We
believe that this determination would cause significant administrative
problems.
For similar reasons, permitting personal information that supports
the mission of a nonprofit mailer would be difficult to administer.
Acceptance decisions as to the nature of the mission of a nonprofit
organization and whether the use of personal information ``supports''
that mission could become highly subjective and lead to inconsistencies
and contested eligibility for nonprofit rates. We have also decided not
to adopt the suggestion of mailers who, concerned with consistent
application of the proposed standard, propose a definitive list of
specific types of information or mailings required to be sent as First-
Class Mail. We believe that such a list would decrease the amount of
mail eligible for Standard Mail rates. Moreover, we believe that it
would create, and not ease, administrative concerns. First, since the
business of our customers continues to evolve, the Postal Service would
have to continuously review and revise the list, eliminating the
certainty the list was intended to create. Second, as explained above
in a different context, the Postal Service would have to define each
item and apply it to an individual mailing. Again, we believe that this
effort would lead to significant administrative problems.
[[Page 62581]]
A number of commenters also expressed concern with the proposed
``purpose'' test, believing it might lead to inconsistent decisions. We
disagree. An ``exclusive purpose'' test should be much more
consistently applied than a ``primary purpose'' test; there is no need
to weigh various purposes against each other to determine which is
predominant or ``primary.'' Instead, the only issue is whether there is
a purpose for inclusion of the personal information other than the
support of an advertisement or solicitation.
Other commenters expressed concern about how postal employees will
discern such a purpose, apparently believing that employees will
attempt to do so based on their perception of the mailer's intent, by
``reading the mind'' of the mailer. If we were asking this task of
employees we would recognize that the commenters raised a valid
concern. However, employees will not attempt to make a subjective
determination of the mailer's intent. As explained in the proposal,
employees will be trained to ``make a determination of mailpiece
eligibility based on the mailpiece itself'' (see 69 FR 20843).
Employees will not attempt to ``read the mailer's mind'' or make
decisions based on their personal knowledge or belief as to the
mailer's intention, but will make decisions based on the specific
contents of the mailpiece.
For example, a recent case involved summaries of expenditures over
a specific time period (such as a year or quarter year). Where such
pieces indicate that the information can be used to assist in tax
preparation, for planning or budgeting purposes, or simply for the
addressee's records, that language indicates that the purpose of the
personal information, at least in part, is not to support an
advertisement. A second example concerns the nonprofit solicitation
described above. If the mailpiece stated that the information about the
addressee's previous donation could serve as a receipt or be used for a
tax record, that statement would indicate that there is a purpose for
the information in addition to supporting the charitable solicitation.
In addition to these administrative concerns, a number of
commenters requested more guidance as to what constitutes ``personal
information.'' Some commenters suggest a list of information considered
``personal.'' Again, such suggestions raise administrative concerns.
First, if the Postal Service were to publish such a list, it would be
subject to continuous review and change as mailer practices evolve.
Second, we suspect that we would be called upon to define each item and
apply those definitions in the context of individual mailings. Again,
we believe this application would lead to significant administrative
problems.
The proposal (69 FR 20843) did provide significant guidance about
personal information. It explained that personal information includes
``any information specific to the addressee'' and need not be unique to
the addressee. This policy is the same as exists today. Additionally,
we again point out that employees are trained to determine whether
information is personal on the basis of the mailpiece itself. Our
Customer Support Ruling concerning proxy statements (CSR PS-159)
provides a good example. When a proxy card contains the number of
shares without identifying the information, postal employees cannot
determine what the number represents or whether it is personal to the
addressee. Accordingly, it would not be considered personal
information. In contrast, when the number is labeled ``shares,'' it is
clear what the number represents, and that it is personal information
to the addressee.
One of the comments by an organization representing the interests
of nonprofit organizations took issue with the language in the proposed
rule that requires the advertising or solicitation to be ``explicit.''
The commenter argued that mailers may sometimes prefer a subtle sell to
one that ``yells at the addressee.''
This comment appears to be based on a misperception of the
proposal. The Postal Service is not seeking to direct mailers'
advertisement copy. The rule does not require a sell that ``yells at
the addressee.'' Rather, it requires that the mailpiece be clear what
product or service is offered for sale or lease, no matter how hard or
soft the advertiser's copy. Moreover, if the product or service offered
is not identified in the mailpiece, it is unlikely that the personal
information could be directly related to it.
Although we are not adopting the specific changes to the standards
suggested by mailers concerned about the consistent application of our
policies, we remain sensitive to the issues raised by these customers.
We are taking a number of steps to alleviate these concerns and ensure
the consistent application of the rules. We will undertake extensive
training of postal personnel, including training emphasizing that these
mail classification decisions must be based upon the content of the
mailpiece, rather than the employee's perception or personal belief
concerning the purposes of the mailer or the mailpiece. Second,
consistent with the recommendations of a number of commenters, we are
reviewing our CSRs on these issues. CSRs are ``case studies'' publicly
available on the Postal Service's Postal Explorer Web site (http://pe.usps.gov) and provide specific guidance concerning the application
of mailing standards. Current CSRs will be updated and re-issued in
harmony with the effective date of the new standards. Moreover, both in
advance of and following the effective date of the new standard, the
Postal Service will consider and issue new CSRs concerning ``cases''
that have arisen, or that are expected to arise, under the new
standards.
Finally, the Postal Service is willing to provide mailers with
advance rulings, during the planning or pre-production stages of their
mailings, so that customers will have certainty regarding the prices
they will be asked to pay at the acceptance dock. This guidance is
generally already available to mailers on an informal, local basis, and
some mailers routinely take advantage of this opportunity. The Postal
Service plans to expand the availability of these types of rulings.
Several of the remaining commenters, noting privacy and security
issues, urged that certain types of mailings not be permitted to be
entered as Standard Mail to protect highly personal information. One
such commenter suggested that the Postal Service roll back the use of
personal information in Standard Mail to the ``permissible written
additions'' (e.g., name of the addressee and marks, numbers, names, or
letters describing the contents) customarily allowed in Standard Mail
prior to the precedent rulemaking of the 1980s upon which this
clarification is based.
For the reasons discussed above, the Postal Service will not
classify mail based on the specific nature of the personal information
provided in the mailpiece or provide a list of personal information
required to be sent as First-Class Mail. We note, nonetheless, that one
effect of this rulemaking will be that more mail will be classified
properly. That is, mail required by standard to be entered as First-
Class Mail due to the inclusion of personal information will be
identified and entered as First-Class Mail. Personal information can be
included in Standard Mail only in limited circumstances, when the
exclusive reason for inclusion of all of the personal information is to
support the advertising or solicitation in the mailpiece. Thus, it is
possible that an additional consequence of this rulemaking will be to
reduce the
[[Page 62582]]
amount of personal information in Standard Mail.
A small number of commenters were concerned that the proposed rule
raises First Amendment issues. For one, on behalf of nonprofit
organizations, it is argued that ``[C]haritable appeals for funds * * *
involve a variety of speech interests--communication of information,
the dissemination and propagation of views and ideas, and the advocacy
of causes--that are within the protection of the First Amendment.''
This argument appears to acknowledge that the proposed standards are
based on content of the mail and the assertion that the test may not be
administered consistently.
It is true that the proposed eligibility standards for First-Class
Mail and Standard Mail, like those that exist today for all mail
classes, are based on the content of the mailpiece. These standards are
based on the DMCS (as well as current and former statutes), and the
Postal Service is required to follow them in the Domestic Mail Manual.
The Postal Service is not denying service based on content, but instead
is classifying the mail.
We also disagree, for the reasons explained above, that
administration of the proposed rule, with the modifications adopted
herein, will be difficult or will lead to inconsistency. On the
contrary, we believe these changes will ease efforts to classify First-
Class Mail and Standard Mail for both postal customers and postal
employees.
For these reasons, the Postal Service adopts the proposed rule with
the changes stated above.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
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, 3626, 5001.
0
2. Revise the following sections of the Domestic Mail Manual (DMM) as
set forth below:
E Eligibility
* * * * *
E100 First-Class Mail
E110 Basic Standards
[Renumber current 2.0 through 5.0 as 4.0 through 7.0. Replace
current 1.0 with new 1.0, 2.0, and 3.0, as follows:]
1.0 DESCRIPTION OF SERVICE
1.1 Service Objectives
First-Class Mail receives expeditious handling and transportation.
Service objectives for delivery are 1 to 3 days; however, delivery time
is not guaranteed.
1.2 Rate Options
First-Class Mail offers the flexibility of single-piece rates, and
discounted rates for mailings of 500 or more pieces that weigh 13
ounces or less.
1.3 Mailable Items
First-Class Mail may be used for any mailable item, including
postcards, letters, flats, and small packages. Customized MarketMail
under E660 and other restricted material as described in C020 may not
be mailed as First-Class Mail.
2.0 DEFINING CHARACTERISTICS
2.1 Inspection of Contents
First-Class Mail is closed against postal inspection. Federal law
and Postal Service regulations restrict both opening and reviewing the
contents of First-Class Mail by anyone other than the addressee.
2.2 Forwarding Service
The price of First-Class Mail includes forwarding service to a new
address for up to 12 months.
2.3 Return Service
The price of First-Class Mail includes return service if the
mailpiece is undeliverable.
2.4 Extra Services Exclusive to First-Class Mail
First-Class Mail is the only class of mail eligible to receive the
following extra services: registered mail service and certified mail
service.
2.5 Additional Extra Services
Additional extra services available with First-Class Mail are
certificate of mailing service, COD service, Delivery Confirmation
service (parcels only), insured mail service (merchandise only), return
receipt service, restricted delivery service, Signature Confirmation
service (parcels only), and special handling. See S900.
3.0 CONTENT STANDARDS
3.1 Bills and Statements of Account
Bills and statements of account must be mailed as First-Class Mail
(or Express Mail) as follows:
a. Bills and statements of account assert a debt in a definite
amount owed by the addressee to the sender or a third party. In
addition, bills include a demand for payment; statements of account do
not include a demand for payment. The debt does not have to be due
immediately but may become due at a later time or on demand. The debt
asserted need not be legally collectible or owed.
b. Bills and statements of account do not need to state the precise
amount due if they contain information that would enable the debtor to
determine that amount.
3.2 Personal Information
Mail containing personal information must be mailed as First-Class
Mail (or Express Mail). Personal information is any information
specific to the addressee.
3.3 Handwritten and Typewritten Material
Mail containing handwritten or typewritten material must be mailed
as First-Class Mail (or Express Mail).
3.4 Material Not Required to be Mailed as First-Class Mail
Mail eligible for Standard Mail or Package Services rates under
E610 or E700 is not required to be mailed as First-Class Mail or
Express Mail.
* * * * *
E600 Standard Mail
E610 Basic Standards
[Renumber current 3.0 through 9.0 as 4.0 through 10.0. Replace
current 1.0 and 2.0 with new 1.0, 2.0, and 3.0, as follows:]
1.0 DESCRIPTION OF SERVICE
1.1 Service Objectives
Standard Mail may receive deferred handling. Service objectives for
delivery are 2 to 9 days; however, delivery time is not guaranteed.
1.2 Quantity
Standard Mail provides economical rates for mailings of 200 or more
pieces or at least 50 pounds of mail.
2.0 DEFINING CHARACTERISTICS
2.1 Mailpiece Weight Limit
All Standard Mail pieces--letters, flats, and small packages--must
weigh less than 16 ounces.
2.2 Preparation Requirements
Standard Mail is subject to specific volume, marking, and
preparation requirements.
2.3 Inspection of Contents
Standard Mail is not sealed against postal inspection.
[[Page 62583]]
2.4 Forwarding Service
The price of Standard Mail does not include forwarding service.
Forwarding is available under F010.5.3.
2.5 Return Service
The price of Standard Mail does not include return service. Return
service is available under F010.5.3 for an additional fee.
2.6 Extra Services
Extra services available with Standard Mail are insured mail
service (bulk insurance only), certificate of mailing service (bulk
certificate of mailing only), return receipt for merchandise service,
and Delivery Confirmation service (parcels only). See S900.
2.7 Periodicals
Authorized Periodicals may not be entered as Standard Mail unless
permitted by standard.
2.8 Identical Pieces
The contents of printed matter in a Standard Mail mailing must be
identical to a piece sent to at least one other addressee. Standard
Mail may include the addressee's name and address but may not transmit
personal information except as permitted under 3.0.
3.0 CONTENT STANDARDS
3.1 Personal Information
Personal information may not be included in a Standard Mail
mailpiece unless all of the following conditions are met:
a. The mailpiece contains explicit advertising for a product or
service for sale or lease or an explicit solicitation for a donation.
b. All of the personal information is directly related to the
advertising or solicitation.
c. The exclusive reason for inclusion of all of the personal
information is to support the advertising or solicitation in the
mailpiece.
3.2 Bills and Statements of Account
Mail containing bills or statements of account as defined in
E110.3.0 may not be entered as Standard Mail except under the
conditions described in 5.2.
3.3 Handwritten and Typewritten Matter
Mail containing handwritten or typewritten matter may not be
entered as Standard Mail except under the conditions described in 4.0.
An appropriate amendment to 39 CFR part 111 will be published to
reflect these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 04-23646 Filed 10-26-04; 8:45 am]
BILLING CODE 7710-12-P