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 via the Government Publishing Office [www.gpo.gov]
[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 Service^TM.

ACTION: Final rule.

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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