[Federal Register: October 24, 1996 (Volume 61, Number 207)] [Rules and Regulations] [Page 55100-55102] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- POSTAL RATE COMMISSION 39 CFR Part 3001 Rules of Practice and Procedure: Correction AGENCY: Postal Rate Commission. ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: This document contains corrections to the final rule which was published on Tuesday, June 25, 1996 (61 FR 32656-32693). The rule revised Appendix A to Subpart C--Postal Service Rates and Charges of the Agency's Rules of Practice and Procedure. EFFECTIVE DATE: October 6, 1996. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, Legal Advisor, 1333 H Street, NW, Suite 300, Washington, D.C. 20268-0001 (202) 789- 6820. SUPPLEMENTARY INFORMATION: The final rule that is the subject of these corrections was published to incorporate revisions to Appendix A as a result of the Governors' Decisions on Recommended Decisions of the Postal Rate Commission in Docket Nos. MC95-1 and MC96-1. Need for Correction As published, the final regulations contain errors which may prove to be misleading and are in need of clarification. List of Subjects in 39 CFR Part 3001 Administrative practice and procedure, Postal Service. For reasons set out in the preamble, 39 CFR part 3001 is corrected by making the following correcting amendments: PART 3001--RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 3001 continues to read as follows: Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662. Appendix A to Subpart C--Postal Service Rates and Charges 2. Appendix A to Subpart C is amended by removing General Definitions, Terms and Conditions--Sections 1000 through 6030 from the Table of Contents and the text of the Appendix. 3. The Table of Contents to Appendix A is amended by adding a new entry for General Definitions, Terms and Conditions after the entry for Classification Schedule SS-20--Merchandise Return and preceding the entry for Rate Schedules to read as follows: Table of Contents * * * * * General Definitions, Terms and Conditions--Sections 1000 through 6030 * * * * * 4. General Definitions, Terms and Conditions--Sections 1000 through 6030 are added following section 20.061 of Classification SS-20 and preceding Rate Schedules to read as follows: * * * * * GENERAL DEFINITIONS, TERMS AND CONDITIONS 1000 GENERAL DEFINITIONS As used in this Domestic Mail Classification Schedule, the following terms have the meanings set forth below. 1001 Advertising Advertising includes all material for the publication of which a valuable consideration is paid, accepted, or promised, that calls attention to something for the purpose of getting people to buy it, sell it, seek it, or support it. If an advertising rate is charged for the publication of reading matter or other material, such material shall be deemed to be advertising. Articles, items, and notices in the form of reading matter inserted in accordance with a custom or understanding that textual matter is to be inserted for the advertiser or his products in the publication in which a display advertisement appears are deemed to be advertising. If a publisher advertises his own services or publications, or any other business of the publisher, whether in the form of display advertising or editorial or reading matter, this is deemed to be advertising. 1002 Aspect Ratio Aspect ratio is the ratio of width to length. 1003 Bills and Statements of Account 1003.1 A bill is a request for payment of a definite sum of money claimed to be owing by the addressee either to the sender or to a third party. The mere assertion of an indebtedness in a definite sum combined with a demand for payment is sufficient to make the message a bill. 1003.2 A statement of account is the assertion of the existence of a debt in a definite amount but which does not necessarily contain a request or a demand for payment. The amount may be immediately due or may become due after a certain time or upon demand or billing at a later date. 1003.3 A bill or statement of account must present the particulars of an indebtedness with sufficient definiteness to inform the debtor of the amount he is required to pay to acquit himself of the debt. However, neither a bill nor a statement of account need state the precise amount if it contains sufficient information to enable the debtor to determine the exact amount of the claim asserted. 1003.4 A bill or statement of account is not the less a bill or statement of account merely because the amount claimed is not in fact owing or may not be legally collectible. 1004 Girth Girth is the measurement around a piece of mail at its thickest part. 1005 Invoice An invoice is a writing showing the nature, quantity, and cost or price of items shipped or sent to a purchaser or consignor. 1006 Permit Imprints Permit imprints are printed indicia indicating postage has been paid by the sender under the permit number shown. 1007 Preferred Rates Preferred rates are the reduced rates established pursuant to 39 U.S.C. 3626. 1008 ZIP Code The ZIP Code is a numeric code that facilitates the sortation, routing, and delivery of mail. 2000 DELIVERY OF MAIL 2010 Delivery Services The Postal Service provides the following modes of delivery: a. Caller service. The fees for caller service are set forth in Rate Schedule SS-10. b. Carrier delivery service. c. General delivery. d. Post office box service. The fees for post office box service are set forth in Rate Schedule SS-10. 2020 Conditions of Delivery 2021 General. Except as provided in section 2022, mail will be delivered as addressed unless the Postal Service is instructed otherwise by the addressee in writing. 2022 Refusal of Delivery. The addressee may control delivery of his mail. The addressee may refuse to accept a piece of mail that does not require a delivery receipt at the time it is offered for delivery or after delivery by returning it unopened to the Postal Service. For mail that requires a delivery receipt, the addressee or his representative may read and copy the name of the sender of registered, insured, certified, COD, return receipt, and Express Mail prior to accepting delivery. Upon signing the delivery receipt the piece may not be returned to the Postal Service without the applicable postage and fees affixed. 2023 Receipt. If a signed receipt is required, mail will be delivered to the addressee (or competent member of his family), to persons who customarily receive his mail or to one authorized in writing to receive the addressee's mail. 2024 Jointly Addressed Mail. Mail addressed to several persons may be delivered to any one of them. When two or more persons make conflicting orders for delivery for the same mail, the mail shall be delivered as determined by the Postal Service. [[Page 55101]] 2025 Commercial Mail Receiving Agents. Mail may be delivered to a commercial mail receiving agency on behalf of another person. In consideration of delivery of mail to the commercial agent, the addressee and the agent are considered to agree that: a. No change of address order will be filed with the post office when the agency relationship is terminated; b. When remailed by the commercial agency, the mail is subject to payment of new postage. 2026 Mail Addressed To Organizations. Mail addressed to governmental units, private organizations, corporations, unincorporated firms or partnerships, persons at institutions (including but not limited to hospitals and prisons), or persons in the military is delivered as addressed or to an authorized agent. 2027 Held Mail. Mail will be held for a specified period of time at the office of address upon request of the addressee, unless the mail: a. Has contrary retention instructions; b. Is perishable; or c. Is registered, COD, insured, return receipt, certified, or Express Mail for which the normal retention period expires before the end of the specified holding period. 2030 Forwarding and Return 2031 Forwarding. Forwarding is the transfer of undeliverable- as-addressed mail to an address other than the one originally placed on the mail piece. All post offices will honor change of address orders for a period of time specified by the Postal Service. 2032 Return. Return is the delivery of undeliverable-as- addressed mail to the sender. 2033 Applicable Provisions. The provisions of sections 150, 250, 350 and 450 apply to forwarding and return. 2034 Forwarding for Postal Service Adjustments. When mail is forwarded due to Postal Service adjustments (such as, but not limited to, the discontinuance of the post office of original address, establishment of rural carrier service, conversion to city delivery service from rural, readjustment of delivery districts, or renumbering of houses and renaming of streets), it is forwarded without charge for a period of time specified by the Postal Service. 3000 POSTAGE AND PREPARATION 3010 Packaging Mail must be packaged so that: a. The contents will be protected against deterioration or degradation; b. The contents will not be likely to damage other mail, Postal Service employees or property, or to become loose in transit; c. The package surface must be able to retain postage indicia and address markings; d. It is marked by the mailer with a material which is not readily water soluble nor which can be easily rubbed off or smeared, and the marking will be sharp and clear. 3020 Envelopes Paper used in the preparation of envelopes may not be of a brilliant color. Envelopes must be prepared with paper strong enough to withstand normal handling. 3030 Payment of Postage and Fees Postage must be fully prepaid on all mail at the time of mailing, except as authorized by law or this Schedule. Except as authorized by law or this Schedule, mail deposited without prepayment of sufficient postage shall be delivered to the addressee subject to payment of deficient postage, returned to the sender, or otherwise disposed of as prescribed by the Postal Service. Mail deposited without any postage affixed will be returned to the sender without any attempt at delivery. 3040 Methods for Paying Postage and Fees Postage for all mail may be prepaid by postage meter, adhesive stamps, or permit imprint, unless otherwise limited or prescribed by the Postal Service. The following methods of paying postage and fees require prior authorization from the Postal Service: a. Permit imprint, b. Postage meter, c. Precanceled stamps, precanceled envelopes, and mailer's precanceled postmarks. 3050 Authorization Fees Fees for authorization to use a permit imprint are set forth in Rate Schedule 1000. No fee is charged for authorization to use a postage meter. Fees for setting postage meters are set forth in Rate Schedule SS-12. No fee is charged for authorization to use precanceled stamps, precanceled envelopes or mailer's precanceled postmark. 3060 Special Service Fees Fees for special services may be prepaid in any manner appropriate for the class of mail indicated or as otherwise prescribed by the Postal Service. 3070 Marking of Unpaid Mail Matter authorized for mailing without prepayment of postage must bear markings identifying the class of mail service. Matter so marked will be billed at the applicable rate of postage set forth in this Schedule. Matter not so marked will be billed at the applicable First-Class rate of postage. 3080 Refund of Postage When postage and special service fees have been paid on mail for which no service is rendered for the postage or fees paid, or collected in excess of the lawful rate, a refund may be made. There shall be no refund for registered, COD, and insured fees when the article is later withdrawn by the mailer. In cases involving returned articles improperly accepted because of excess size or weight, a refund may be made. 3090 Calculation of Postage When a rate schedule contains per piece and per pound rates, the postage shall be the sum of the charges produced by those rates. When a rate schedule contains a minimum-per-piece rate and a pound rate, the postage shall be the greater of the two. When the computation of postage yields a fraction of a cent in the charge, the next higher whole cent must be paid. 4000 POSTAL ZONES 4010 Geographic Units of Area In the determination of postal zones, the earth is considered to be divided into units of area thirty minutes square, identical with a quarter of the area formed by the intersecting parallels of latitude and meridians of longitude. The distance between these units of area is the basis of the postal zones. 4020 Measurement of Zone Distances The distance upon which zones are based shall be measured from the center of the unit of area containing the dispatching sectional center facility or multi-ZIP coded post office not serviced by a sectional center facility. A post office of mailing and a post office of delivery shall have the same zone relationship as their respective sectional center facilities or multi-ZIP coded post offices, but this shall not cause two post offices to be regarded as within the same local zone. 4030 Definition of Zones 4031 Local Zone. The local zone applies to mail mailed at any post office for delivery at that office; at any city letter carrier office or at any point within its delivery limits for delivery by carriers from that office; at any office from which a rural route starts for delivery on the same route; and on a rural route for delivery at the office from which the route starts or on any rural route starting from that office. 4032 First Zone. The first zone includes all territory within the quadrangle of entry in conjunction with every contiguous quadrangle, representing an area having a mean radial distance of approximately 50 miles from the center of a given unit of area. The first zone also applies to mail between two post offices in the same sectional center. 4033 Second Zone. The second zone includes all units of area outside the first zone lying in whole or in part within a radius of approximately 150 miles from the center of a given unit of area. 4034 Third Zone. The third zone includes all units of area outside the second zone lying in whole or in part within a radius of approximately 300 miles from the center of a given unit of area. 4035 Fourth Zone. The fourth zone includes all units of area outside the third zone lying in whole or in part within a radius approximately 600 miles from the center of a given unit of area. 4036 Fifth Zone. The fifth zone includes all units of area outside the fourth zone lying in whole or in part within a radius of approximately 1,000 miles from the center of a given unit of area. 4037 Sixth Zone. The sixth zone includes all units of area outside the fifth zone lying in whole or in part within a radius of approximately 1,400 miles from the center of a given unit of area. 4038 Seventh Zone. The seventh zone includes all units of area outside the sixth zone lying in whole or in part within a radius of approximately 1,800 miles from the center of a given unit of area. [[Page 55102]] 4039 Eighth Zone. The eighth zone includes all units of area outside the seventh zone. 4040 Zoned Rates Except as provided in section 4050, rates according to zone apply for zone-rated mail sent between Postal Service facilities including armed forces post offices, wherever located. 4050 APO/FPO Mail 4051 General. Except as provided in section 4052, the rates of postage for zone-rated mail transported between the United States, or the possessions or territories of the United States, on the one hand, and Army, Air Force and Fleet Post Offices on the other, or among the latter, shall be the applicable zone rates for mail between the place of mailing or delivery and the city of the postmaster serving the Army, Air Force or Fleet Post Office concerned. 4052 Transit Mail. The rates of postage for zone-rated mail which is mailed at or addressed to an armed forces post office and which is transported directly to or from armed forces post offices at the expense of the Department of Defense, without transiting any of the 48 contiguous states (including the District of Columbia), shall be the applicable local zone rate; provided, however, that if the distance from the place of mailing to the embarkation point or the distance from the point of debarkation to the place of delivery is greater than the local zone for such mail, postage shall be assessed on the basis of the distance from the place of mailing to the embarkation point or the distance from the point of debarkation to the place of delivery of such mail, as the case may be. The word ``transiting'' does not include enroute transfers at coastal gateway cities which are necessary to transport military mail directly between military post offices. 5000 PRIVACY OF MAIL 5010 First-Class and Express Mail Matter mailed as First-Class Mail or Express Mail shall be treated as mail which is sealed against postal inspection and shall not be opened except as authorized by law. 5020 All Other Mail Matter not paid at First-Class Mail or Express Mail rates must be wrapped or secured in the manner prescribed by the Postal Service so that the contents may be examined. Mailing of sealed items as other than First-Class Mail or Express Mail is considered consent by the sender to the postal inspection of the contents. 6000 MAILABLE MATTER 6010 General Mailable matter is any matter which: a. Is not mailed in contravention of 39 U.S.C. Chapter 30, or of 17 U.S.C. 109; b. While in the custody of the Postal Service is not likely to become damaged itself, to damage other pieces of mail, to cause injury to Postal Service employees or to damage Postal Service property; and c. Is not mailed contrary to any special conditions or limitations placed on transportation or movement of certain articles, when imposed under law by the U.S. Department of the Treasury; U.S. Department of Agriculture; U.S. Department of Commerce; U.S. Department of Health and Human Services, U.S. Department of Transportation; and any other Federal department or agency having legal jurisdiction. 6020 Minimum Size Standards The following minimum size standards apply to all mailable matter: a. All items must be at least 0.007 inches thick, and b. all items, other than keys and identification devices, which are 0.25 inch thick or less must be i. rectangular in shape, ii. at least 3.5 inches in width, and iii. at least 5 inches in length. 6030 Maximum Size and Weight Standards Where applicable, the maximum size and weight standards for each class of mail are set forth in sections 130, 230, 330 and 430. Additional limitations may be applicable to specific subclasses, and rate and discount categories as provided in the eligibility provisions for each subclass or category. * * * * * 5. In Appendix A under Rate Schedules, the table First-Class Mail Rate Schedule 221, Letters and Sealed Parcels is amended by removing under ``Regular, Piece'' the entry for Courtesy Envelope Mail. Cyril J. Pittack, Acting Secretary. [FR Doc. 96-27247 Filed 10-23-96; 8:45 am] BILLING CODE 7710-FW-P