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likely to have a significant adverse effect Dated: June 27, 2003. or Garry A. Rodriguez, 212–613–8748, on the supply, distribution, or use of Gerald M. Swanson, New York Rates and Classification energy. It has not been designated by the Captain, U.S. Coast Guard, Captain of the Service Center. Administrator of the Office of Port, San Francisco Bay, California. SUPPLEMENTARY INFORMATION: Information and Regulatory Affairs as a [FR Doc. 03–17370 Filed 7–8–03; 8:45 am] On March 14, 2003, the United States significant energy action. Therefore, it BILLING CODE 4910–15–U Postal Service, in conformance with does not require a Statement of Energy section 3623 of the Postal Effects under Executive Order 13211. Reorganization Act (39 U.S.C. 101 et POSTAL SERVICE seq.), filed a request for a recommended Environment decision by the Postal Rate Commission We have analyzed this rule under 39 CFR Part 111 (PRC) on the establishment of Commandant Instruction M16475.lD, Customized MarketMail as a minor Changes to the Domestic Manual which guides the Coast Guard in classification change. The PRC to Implement Customized complying with the National designated this filing as Docket No. MarketMailTM Environmental Policy Act of 1969 MC2003–1. On June 6, 2003, pursuant to 39 (NEPA)(42 U.S.C. 4321–4370f), and AGENCY: Postal Service. U.S.C. 3624, the PRC issued to the have concluded that there are no factors ACTION: Final rule. in this case that would limit the use of Governors of the Postal Service its a categorical exclusion under section SUMMARY: This final rule sets forth the Opinion and Recommended Decision 2.B.2 of the Instruction. Therefore, this (DMM) Approving Stipulation and Agreement rule is categorically excluded, under standards that the Postal Service on Customized Market Mail Minor figure 2–1, paragraph (34)(g), of the adopted to implement the Customized Classification Changes, Docket No. Instruction, from further environmental MarketMailTM classification changes, as MC2003–1. The PRC recommended that documentation because we are established by the Decision of the the Postal Service proposal for establishing a safety zone. Governors of the United States Postal Customized MarketMail be established Service on the Recommended Decision as a permanent classification. A final ‘‘Environmental Analysis of the Postal Rate Commission on On June 27, 2003, the Governors of Check List’’ and a final ‘‘Categorical Approving Stipulation and Agreement the Postal Service approved the Exclusion Determination’’ are available on Customized Market Mail Minor recommended decision and the Board of in the docket where indicated under Classification Changes, Docket No. Governors established an ADDRESSES. MC2003–1. In their decision, the implementation date of August 10, List of Subjects in 33 CFR Part 165 Governors approved the Commission’s 2003, on which the approved recommendations, adopting classifications for Customized Harbors, Marine safety, Navigation recommended classification changes. MarketMail take effect. This final rule (water), Reports and record keeping Customized MarketMail (CMM) contains the DMM standards adopted by requirements, Security measures, represents a significant innovation for the Postal Service to implement the Waterways. Standard Mail advertisers who want to decision of the Governors. target a specific audience with highly The Postal Service has therefore ■ For the reasons discussed in the individualized mailpiece designs, determined to issue these standards as preamble, the Coast Guard amends 33 including nonrectangular-shaped and published in the proposed rule, with CFR part 165 as follows: multidimensional mailpieces such as minor modifications, as issued on May cutouts of houses, automobiles, power 21, 2003, in the Federal Register (68 FR PART 165—REGULATED NAVIGATION 27760–27767). In that proposed rule, the AREAS AND LIMITED ACCESS AREAS boats, or wearing apparel. More creative designs could encourage greater Postal Service requested comments from customer interest and response rates to the public and the mailing industry. ■ 1. The authority citation for part 165 In order to simplify further the continues to read as follows: promotions, advertising, fund-raising campaigns, or other types of requirements for CMM, the Postal Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. communications. Service has initiated the following Chapter 701; 50 U.S.C. 191, 195; 33 CFR Before this service was introduced, modifications or clarifications to the 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. mailing standards required that any proposed rule: • Addition of Postal Service flat trays 107–295, 116 Stat. 2064; Department of mailpiece that was 1⁄4 inch thick or less Homeland Security Delegation No. 0170.1. could not be mailed if that piece was as a option. • Addition of three distinct content not rectangular. This exclusion of ■ identifier numbers for CMM prepared in 2. In § 165.T11–079, revise paragraph nonrectangular letter-size mail and, in Postal Service (letter trays, (b)(2) to read as follows: some cases, nonrectangular flat-size flat trays, and sacks), including the mail, reduced the available options for § 165.T11–079 Safety Zone; Mission Creek required ‘‘MAN’’ to ensure the mail is businesses and organizations wishing to Waterway, China Basin, San Francisco Bay, manually handled. California. reach existing or potential customers • Addition of a mailing standard * * * * * through advertising messages and requiring the submission of a sample designs, including the shape of the (b) * * * CMM piece along with an extra copy of mailpiece. CMM will overcome this the completed postage statement (2) The zone in paragraph (a) of this previous restraint. corresponding to the CMM mailing at section will be enforced from 1 a.m. EFFECTIVE DATE: This final rule takes the time of mailing. (PDT) on May 1, 2003, to 1 a.m. (PDT) effect at 12:01 a.m. on Sunday, August on July 28, 2003, and from 1 a.m. (PST) 10, 2003. Comments on April 1, 2004 to 1 a.m. (PDT) on FOR FURTHER INFORMATION CONTACT: Neil The Postal Service received comments September 1, 2004. Berger, 703–292–3645, Mailing from four distinct entities: a mailing * * * * * Standards, Postal Service Headquarters; association, a printing and graphics

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company, a promotional products elimination of the minimum required either directly into Priority Mail sacks company, and a Postal Service number of pieces per package and or use Postal Service letter trays that are employee. container. properly labeled. Moreover, mailers can One of the commenters expressed a Mindful of the need to make this new obtain special Priority Mail mailing general objection to CMM. This service competitive, the Postal Service boxes, envelopes, tape, and labels from comment is outside the scope of the will offer four practical methods to the Postal Service at no additional final rule. reach the delivery unit: charge. Mailers may also use their own Three of the commenters praised the • Normal entry procedures for mailing cartons and envelopes for this Postal Service for its proposed changes mailers who already have paid the drop shipment method. to mailing standards that currently appropriate fees (including the annual • Express Mail drop shipment for prohibit nonrectangular pieces that are mailing fee) at the Post Office of mailers needing a fast entry method that 1⁄4 inch thick or less. They stated that mailing. If the Post Office of mailing is generally provides overnight service this minor classification change will also the site from which carriers deliver with tracking and tracing. This entry provide new and more creative the destinating mail or the site in which opportunities for advertising mailers to method, though more expensive than distribution is made to Post Office Priority Mail, also provides a postage reach their customers and, at the same boxes, the mail can be verified and time, strengthen the viability of mail as refund for the Express Mail portion if accepted at that office like any other an advertising medium. the drop shipment fails to be delivered mailing. This method is especially These same three commenters by the guaranteed delivery time. useful for local mailers taking CMM to expressed their concern about potential Moreover, mailers can obtain special small Post Offices. If the Post Office has cost barriers for some mailers wishing to Express Mail mailing boxes, envelopes, multiple stations and branches, the use this new service. In particular, these tape, and labels from the Postal Service mailer could handle the mail similarly commenters stated that, because of the at no additional charge. Mailers may to a plant-verified drop shipment necessary requirement to enter mail at also use their own mailing cartons and (PVDS) as long as the applicable the delivery unit under a limited set of envelopes for this drop shipment documents are used. In either case, this methods, many mailers would not be method. entry method is useful and inexpensive able to afford the production costs, for local mailers either preparing the First-Class Mail as a drop shipment postage costs, and then the method may not have widespread use transportation costs in order to consider mail themselves or working with a third-party mail preparation house. It owing to the 13-ounce maximum weight CMM a viable choice for either ongoing limit imposed on that class of mail. For business needs or occasional marketing eliminates the need for using Express Mail or Priority drop shipment example, if a mailer prepared 3-ounce campaigns. CMM pieces, that mailer could place no The same three commenters believed altogether and adds only the transportation costs to the total mailing more than four such pieces in one First- that adding both Parcel Post drop Class Mail envelope. Postal Service drop shipment and First-Class Mail drop expenditures. • shipment services—both Express Mail shipment (open and distribute at Plant-verified drop shipment for either local mailers or national mailers and Priority Mail—were originally destination office) would provide two designed to carry large quantities of more effective and, in many cases, more (or mailers working with a third party). Here the mail is verified at origin either lower rate mail such as Standard Mail economical means to enter CMM pieces letter or small parcels. at the required delivery unit. Parcel Post in the mailer’s plant or at the business would provide lower costs than either mail entry unit (BMEU) at the origin In regard to the pricing between Priority Mail or Express Mail drop post office serving the mailer’s plant. Priority Mail drop shipment and any shipment, and First-Class Mail drop Postage and fees are paid under a valid proposal to use a Parcel Post drop shipment would allow sending either permit at the post office generally shipment alternative, see the following one piece or a handful of pieces to a serving the mailer’s plant. The table. Taking an average of zone 4 for particular delivery unit. shipments are then shipped on the lighter weight categories, the differences The Postal Service contemplated that mailer’s or agent’s transportation to the between the two subclasses of mail are this minor classification change would various destination Postal Service not always significant. Mailers wanting complement existing rates and services facilities, where the shipments are to use Parcel Post would likely select and only existing Postal Service compared with the proper drop the inter-bulk mail center (BMC) infrastructures for mail processing, shipment form and then accepted as machinable rates rather than the less transportation, and delivery would be mail by the Postal Service. For small expensive intra-BMC rates for pieces used for this high-end service. By using mailings, a mailer can certainly engage entering and destinating in the service the current transportation networks and the services of an agent who makes area of the same BMC. The lower intra- mail processing and delivery systems regular drops either locally or BMC rates would be more likely only for already in place, the Postal Service nationally, saving considerable costs localized mailings. Furthermore, when would be able to introduce this product associated with this method. the postage cost for the Priority Mail efficiently. In addition, the Postal • Priority Mail drop shipment for portion is divided by the actual number Service established simpler and less budget-conscious mailers needing an of enclosed pieces and thus spread out stringent preparation standards than efficient and effective entry method that over each piece, the price differences those required for other types of generally provides two- to three-day can be as small as a few extra cents per Standard Mail, including the service. Mailers can prepare the pieces piece.

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RATE COMPARISON: PRIORITY MAIL AND PARCEL POST (ZONE 4)

Weight not over Parcel post Parcel post (pounds) Priority mail Intra-BMC Inter-BMC (zone 4) (machinable) (machinable)

1 ...... $3.85 $3.05 $3.75 2 ...... 4.55 3.63 4.14 3 ...... 6.05 4.20 5.55 4 ...... 7.05 4.72 6.29 5 ...... 8.00 5.15 6.94 6 ...... 8.85 5.51 7.44 7 ...... 9.80 5.84 7.91 8 ...... 10.75 6.14 8.30 9 ...... 11.70 6.45 8.74 10 ...... 12.60 6.74 9.10 15 ...... 16.20 7.96 10.73 20 ...... 19.75 8.91 11.98

Although at this time the Postal undertake a data collection and counterstack the pieces to ensure Service does not plan to introduce new reporting plan. Specifically, the Postal stability of packages throughout services such as Parcel Post drop Service will amend the appropriate transportation and processing. shipment or First-Class Mail drop postage statements to require separate Counterstacking is already a widely shipment, it will study these ideas and identification of CMM. Data from the observed practice by mailers producing determine their merits and their impact postage statements would then be certain types of flat-size mailpieces not on mailer costs, other classes of mail, collected and analyzed to estimate both only to stabilize packages of such pieces mail processing changes, software the annual volume and revenue of but also to create uniform packages that modifications for customers preparing CMM. Under the terms of the take up less space in the mailing manifested mail and other possible costs Stipulation and Agreement, the Postal containers. Although it would be resulting from any such addition to Service would report estimates of CMM permissible to create pieces with volume and revenue annually to the current services. extreme dimensions of thickness, Postal Rate Commission. Data reporting Data Collection packaging of such pieces is still possible would continue until the conclusion of One commenter also urged the Postal the next omnibus rate proceeding. As a because there is no minimum number of Service to pursue relaxing or modifying result of the settlement, participants pieces for a package. In the case the some of the mail preparation standards interested in revisiting the impact of commenter mentioned, the mailer could in the proposed rule as one way of CMM would be equipped with statistics line several pieces in a row and then improving the affordability of CMM for that would aid in framing an analysis of shrinkwrap those pieces to unitize the mailers wanting to use this new service. CMM in a future rate case. package. Specifically, the mailing association Counterstacking For the reasons presented in the believed that the Postal Service should proposed rule and those noted above in develop and implement the necessary One commenter contended that this final rule, and in consideration of procedures to identify and track CMM counterstacking nonuniform CMM the public comments received, the by revenue, volume, and cost. Collecting pieces could pose additional problems Postal Service adopts the following and work for the mailer and the Postal such data would help in reviewing the changes in the Domestic Mail Manual, various costing components of CMM Service. The commenter did not believe which is incorporated by reference in and possibly inform future proposals for counterstacking was necessary because the Code of Federal Regulations. See 39 rate changes that would make CMM CMM mailers are obligated to deliver CFR 111.1. more economical for a wider range of the mail to the delivery unit using their mailers. own transportation. The commenter also List of Subjects in 39 CFR Part 111 The Postal Service believes that the noted that counterstacking requires the only stringent mail preparation mailer to reorient the pieces based on Postal Service. standards for some mailers might be their unevenness, which is generally a those requiring destination delivery unit manual process. The Postal Service PART 111—[AMENDED] entry. Otherwise, CMM is probably employee receiving the counterstacked easier to prepare than any other packages is then required to turn the ■ 1. The authority citation for 39 CFR presorted mail at any other rate. Except pieces around for efficient reading and part 111 continues to read as follows: for the required minimum of 200 pieces casing. This commenter also questioned Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, for each mailing, CMM does not require how a mailer would counterstack pieces 401, 403, 404, 414, 416, 3001–3011, 3201– 7 that minimum volumes be sent to a that measured ⁄1000 inch thick on each 3219, 3403–3406, 3621, 3626, 5001. single destination delivery unit. In edge and 3⁄4 inch thick in the middle. addition, there are no minimums for the The Postal Service requires the ■ 2. Amend the following sections of the number of pieces prepared in packages packaging of all CMM pieces—whether Domestic Mail Manual (DMM) as set or placed into containers. Moreover, those pieces are transported by the forth below: mailers may use letter trays, flat trays, mailer or sent using Express Mail or or sacks, as well as mailer-supplied Priority Mail drop shipment—in order Domestic Mail Manual (DMM) containers. to minimize the potential for damage to * * * * * As part of the Stipulation and the pieces. Moreover, for nonuniform Agreement, the Postal Service will CMM pieces, the mailer must also

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C Characteristics and Content line between the two outer points most endorsement ‘‘Carrier—Leave If No distant from each other. Response’’ as specified in M012. C000 General Information (2) The height is determined by * * * * * C010 General Mailability Standards drawing perpendicular lines to the E Eligibility 1.0 MINIMUM AND MAXIMUM points that are the greatest distance DIMENSIONS above and below the axis of length. The * * * * * sum of these two lines defines the 1.1 Minimum height. E100 First-Class Mail [Revise 1.1 to read as follows:] c. The maximum weight may not E110 Basic Standards exceed 3.3 ounces. For mailability, the following d. Pieces may be rectangular or 1.0 CLASSIFICATION AND standards apply: nonrectangular, may be uniform or DESCRIPTION a. All mailpieces (except Customized nonuniform in thickness, and may 1.1 Eligibility MarketMail pieces mailed under E660 include die cuts, holes, and voids. and keys and identification devices [Revise 1.1 to read as follows:] 1 e. Pieces must be flexible enough to mailed under E130) that are ⁄4 inch fit inside a minimum-size mail All mailable matter may be sent as thick or less must be rectangular, with receptacle measuring 47⁄8 inches wide, First-Class Mail (which for the purposes four square corners and parallel 147⁄8 inches high, and 57⁄8 inches long of the standards in 1.0 includes Priority opposite sides. 1 (deep). Mail) or as Express Mail, except b. All mailpieces must be at least 3 ⁄2 f. Design approval by the district Customized MarketMail under E660 or inches high and at least 5 inches long business mail entry manager is not other matter prohibited by the (see Exhibit 1.1). required, but it is recommended. respective standards. c. All mailpieces must be at least 0.007 inch thick. 3.0 RESIDUAL SHAPE SURCHARGE * * * * * * * * * * [Revise 3.0 to read as follows:] E600 Standard Mail 1.3 Length and Height Mail that is prepared as a parcel or is E610 Basic Standards * * * * * not letter-size or flat-size as defined in * * * * * [Redesignate current 1.3c as new 1.3d and C050 is subject to a residual shape add new 1.3c to read as follows:] surcharge. Mail that is prepared as 4.0 ENCLOSURES AND ATTACHMENTS c. Standard Mail Customized Customized MarketMail under E660 is MarketMail. also subject to the residual shape * * * * * surcharge. There are different * * * * * surcharges for Presorted rate pieces and 4.3 Nonincidental First-Class C600 Standard Mail Enhanced Carrier Route rate pieces. Enclosures Only the surcharges for Presorted rate [Revise first sentence of 4.3 to read as 1.0 DIMENSIONS pieces apply to CMM pieces. follows:] 1.1 Basic Standards * * * * * Letters or other pieces of These standards apply to Standard D DEPOSIT, COLLECTION, AND nonincidental First-Class Mail, subject Mail: DELIVERY to postage at First-Class Mail rates, may * * * * * be enclosed with Standard Mail pieces [Revise 1.1b to read as follows:] D000 Basic Information (except matter mailed as Customized b. Presorted rate and Customized * * * * * MarketMail under E660). * * * MarketMail pieces are subject only to D040 Delivery of Mail 4.4 Nonincidental First-Class the basic mailability standards in C010. Attachments * * * * * * * * * * [Revise first sentence of 4.4 to read as [Redesignate current 2.0 through 5.0 as new D042 Conditions of Delivery follows:] 3.0 through 6.0, respectively; add new 2.0 to read as follows:] * * * * * Letters or other pieces of [Revise heading of 7.0 to read as follows:] nonincidental First-Class Mail may be 2.0 CUSTOMIZED MARKETMAIL 7.0 CARRIER RELEASE placed in an envelope and securely Mailpieces prepared as Customized attached to the address side of a MarketMail (CMM) under E660 must [Redesignate current text of 7.0 as 7.1 and Standard Mail piece (except matter meet these additional standards and add heading to read as follows:] mailed as Customized MarketMail physical characteristics: 7.1 Parcels under E660), or of the principal piece, a. The material used for constructing as applicable. * * * the pieces must be free of sharp edges, An uninsured parcel may not be left protrusions, and other design elements in an unprotected place, such as a porch 4.5 Attachment of Other Standard that could cause harm or injury to USPS or stairway, unless the addressee has Mail Matter personnel handling these pieces. filed a written order, or the mailer has [Revise introductory sentence to read as b. The dimensions of the pieces must endorsed the parcel ‘‘Carrier—Leave If follows:] No Response.’’ The endorsement must not be smaller than the minimum The front or back cover page of a dimensions for letter-size mail in C050 appear directly below the return address as specified in M012. Standard Mail piece (except Customized or greater than the maximum MarketMail pieces) may bear an dimensions for flat-size mail in C050. [Add new 7.2 to read as follows:] attachment that is also Standard Mail Length and height are defined as matter if: follows: 7.2 Customized MarketMail (1) The length and the axis of length Any matter mailed as Customized * * * * * are determined by drawing a straight MarketMail under E660 must bear the [Revise 4.5b to read as follows:]

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b. The material qualifies for and is Standard Mail basic nonletter per piece e. Pieces mailed as Customized mailed at Standard Mail rates. rate and must not exceed the maximum MarketMail. * * * * * weight for those rates. * * * * * c. Individual Rates. There are separate 5.0 RATES minimum per piece rates for each E620 Presorted Rates 5.1 General Information subclass (Regular, Enhanced Carrier * * * * * Route, Nonprofit, and Nonprofit [Revise heading and text of 3.0 to read as [Revise 5.1 to read as follows:] Enhanced Carrier Route) and within follows:] All Standard Mail rates are presorted each subclass for the type of mailing 3.0 RESIDUAL SHAPE SURCHARGE rates (including all nonprofit rates). and the level of presort within each These rates apply to mailings meeting mailing under E620, E630, E640, and Any Presorted Standard Mail piece the basic standards in E610 and the E660. Except for Customized that is prepared as a parcel or is not corresponding standards for Presorted MarketMail pieces, discounted per piece letter-size or flat-size as defined in C050 rates under E620, Enhanced Carrier rates also may be claimed for is subject to a residual shape surcharge. Route rates under E630, automation destination entry mailings (destination * * * * * rates under E640, or Customized bulk mail center (DBMC), destination E630 Enhanced Carrier Route Rates MarketMail rates under E660. Except for sectional center facility (DSCF), and Customized MarketMail pieces, destination delivery unit (DDU)) under * * * * * destination entry discount rates are E650. DDU rates are available only for 5.0 RESIDUAL SHAPE SURCHARGE available under E650, and barcode mail entered at Enhanced Carrier Route discounts are available for machinable or Nonprofit Enhanced Carrier Route [Revise 5.0 to read as follows:] parcels under E620. A mailpiece is rates. See R600 for individual per piece Any Enhanced Carrier Route Standard subject to the residual shape surcharge rates. Mail piece that is prepared as a parcel if it is prepared as a parcel, or if it is 5.3 Piece/Pound Rates or is not letter-size or flat-size as defined not letter-size or flat-size under C050, or in C050 is subject to a residual shape if it is prepared as a Customized [Revise 5.3 by adding a new sentence after surcharge. the first sentence to read as follows:] MarketMail piece under E660. Nonprofit * * * * * rates may be used only by organizations * * * Pieces exceeding 3.3 ounces E650 Destination Entry authorized by the USPS under E670. may not be mailed as Customized Not all processing categories qualify for MarketMail. * * * 1.0 BASIC STANDARDS every rate. Pieces are subject to either a * * * * * 1.1 Rate Application single minimum per piece rate or a [Revise heading of 5.4 to read as follows:] combined piece/pound rate, depending [Revise first sentence of 1.1 to read as on the weight of the individual pieces 5.4 Machinable Parcel Barcode follows:] in the mailing under 5.2 or 5.3. Discount Except for Customized MarketMail 5.2 Minimum Per Piece Rates [Revise last sentence to read as follows:] pieces as defined in E660, Regular, The minimum per piece rates (i.e., the * * * Pieces mailed at Enhanced Nonprofit, Enhanced Carrier Route, and minimum postage that must be paid for Carrier Route, Nonprofit Enhanced Nonprofit Enhanced Carrier Route each piece) apply as follows: Carrier Route, or Customized Standard Mail pieces meeting the basic standards in E610 may qualify for the * * * * * MarketMail rates are not eligible for a destination BMC, SCF, or DDU entry [Revise 5.2b and 5.2c to read as follows:] barcoded discount. rates, as applicable, if deposited at the b. Letters and Nonletters. In applying 5.5. Residual Shape Surcharge correct destination postal facility, the minimum per piece rates, a [Revise 5.5 to read as follows:] subject to the general standards below mailpiece is categorized as either a letter and the specific standards in 5.0, 6.0, or a nonletter, based on whether the Any Standard Mail piece that is and 7.0, respectively. * * * piece meets the letter-size standard in prepared as a parcel or is not letter-size or flat-size as defined in C050 is subject * * * * * C050, without regard to placement of [Add new E660 to read as follows:] the address on the piece, except under to a residual shape surcharge. Any piece these conditions: that is prepared as Customized E660 Customized MarketMail (1) If the piece meets both the MarketMail under E660 is also subject Summary definition of a letter in C050 and the to the residual shape surcharge. There definition of an automation flat in C820, are different surcharges for Presorted E660 describes the eligibility the piece may be prepared and entered rate pieces and Enhanced Carrier Route standards for Customized MarketMail at an automation flat (nonletter) rate. rate pieces. Only the surcharges for (CMM) pieces including standards for (2) If the piece is prepared for Presorted rate pieces apply to minimum volumes, addressing, and automation letter rates, address Customized MarketMail pieces. drop shipment. placement is used to determine the * * * * * 1.0 BASIC STANDARDS length when applying the size standards 9.0 SPECIAL SERVICES and aspect ratio requirements to qualify 1.1 General for automation letter rates under C810. * * * * * Customized MarketMail (CMM) is an option for mailing nonrectangular and For this purpose, the length is 9.3 Ineligible Matter considered to be the dimension parallel irregular-shaped Regular Standard Mail to the address. Special services may not be used for and Nonprofit Standard Mail pieces if (3) If the piece is mailed as a any of the following types of Standard the pieces weigh 3.3 ounces or less and Customized MarketMail piece under Mail: meet the physical characteristics and E660, the piece is always subject to the * * * * * the dimensional requirements in C600 applicable Regular or Nonprofit [Add 9.3e to read as follows:] and the mail preparation standards in

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M660. Other Regular and Nonprofit mailing using Express Mail or Priority 1.4 Mailings Standard Mail pieces measuring 3⁄4 inch Mail drop shipment under M072, or as thick or less and meeting the applicable a plant-verified drop shipment (PVDS) Mailings are defined as: standards in C600, E660, and M660 may mailing under P950. Minimum volumes * * * * * be entered as CMM at the mailer’s per destination are not required. d. Standard Mail. Except as provided option. CMM must be entered directly at 2.0 RATES in E620.1.2, the types of Standard Mail a destination delivery unit (DDU). listed below may not be part of the same 1.2 Basic Standards Each CMM piece is subject to the mailing. See M041, M045, M610, M620, Presorted Regular or Nonprofit Standard and M900 for copalletized, combined, or All pieces in a CMM mailing must: Mail nonletter, nondestination entry mixed-rate mailings. a. Meet the basic standards for basic rate plus the residual shape * * * * * Standard Mail in E610 and, for surcharge. CMM is not eligible for the [Add 1.4d(8) to read as follows:] Nonprofit Standard Mail, the additional parcel barcode discount. standards in E670. (8) Customized MarketMail and any b. Be part of a single mailing of at 3.0 SPECIAL SERVICES other type of mail. least 200 addressed pieces. All pieces * * * * * must be identical in size, shape, and CMM is not eligible for any special weight unless excepted by standard service. M012 Markings and Endorsements under an approved postage payment * * * * * * * * * * system. c. Bear a complete delivery address E700 Package Services 2.0 MARKINGS—FIRST-CLASS MAIL using the exceptional address format or E710 Basic Standards AND STANDARD MAIL occupant address format under A020 2.1 Placement with the correct ZIP Code or ZIP+4 1.0 BASIC INFORMATION code. Each piece must also bear a carrier 1.1 Definition Markings must be placed as follows: release endorsement as specified by [Revise first sentence of 1.1 to read as * * * * * D042. These additional addressing [Revise 2.1b to read as follows:] follows:] standards apply: b. Other Markings. The rate-specific (1) Detached address labels (DALs) Package Services mail consists of markings ‘‘AUTO,’’ ‘‘AUTOCR,’’ under A060 are not permitted. mailable matter that is neither mailed or ‘‘Presorted’’ (or ‘‘PRSRT’’); ‘‘Single- (2) Ancillary service endorsements required to be mailed as First-Class Mail Piece’’ (or ‘‘SNGLP’’) (First-Class Mail under F010 are not permitted. nor entered as Periodicals (unless only); and ‘‘ECRLOT,’’ ‘‘ECRWSH,’’ (3) All 5-digit ZIP Codes included in permitted or required by standard) or as ‘‘ECRWSS,’’ and ‘‘Customized addresses on pieces must be verified Customized MarketMail under MarketMail’’ (or ‘‘CUST MKTMAIL’’ or and corrected within 12 months before E660.* * * the mailing date, using a USPS- ‘‘CMM’’) (Standard Mail only)) may be approved method. The mailer’s * * * * * placed as follows: signature on the postage statement F Forwarding and Related Services (1) In the location specified in 2.1a. certifies that this standard has been met F000 Basic Services (2) In the address area on the line when the corresponding mail is directly above or two lines above the presented to the USPS. This standard F010 Basic Information address if the marking appears alone or applies to each address individually, * * * * * if no other information appears on the not to a specific list or mailing. An line with the marking except optional address meeting this standard may be 5.0 CLASS TREATMENT FOR endorsement line information under used in mailings at any other rates to ANCILLARY SERVICES M013 or carrier route package which the standard applies during the information under M014. 12-month period after its most recent * * * * * update. 5.3 Standard Mail (3) If preceded by two asterisks (**), (4) At the mailer’s option, a carrier the ‘‘AUTO,’’ ‘‘AUTOCR,’’ route information line under M014 may Undeliverable-as-addressed (UAA) ‘‘PRESORTED’’ (or ‘‘PRSRT’’), be added. If this option is used, a carrier Standard Mail is treated as described in ‘‘CUSTOMIZED MARKETMAIL’’ (or route code must be applied to every Exhibit 5.3a and Exhibit 5.3b, with these ‘‘CUST MKTMAIL’’ or ‘‘CMM’’), or piece in the mailing and must be additional conditions: ‘‘Single-Piece’’ (or ‘‘SNGLP’’) marking applied using CASS-certified software * * * * * also may be placed on the line directly and the current USPS Carrier Route File [Add 5.3k to read as follows:] above or two lines above the address in scheme, hard copy Carrier Route Files, a mailer keyline or a manifest keyline, or another Address Information Systems k. Customized MarketMail under or it may be placed above the address (AIS) product containing carrier route E660 is not eligible to use ancillary and below the postage in an MLOCR information, subject to A930 and A950. service endorsements. ink-jet printed date correction/meter Carrier route information must be * * * * * drop shipment line. Alternatively, the updated within 90 days before the ‘‘AUTO,’’ ‘‘AUTOCR,’’ ‘‘PRSRT,’’ or M Mail Preparation and Sortation mailing date. ‘‘SNGLP’’ marking may be placed to the d. Be marked, sorted, and M000 General Preparation Standards left of the barcode clear zone (subject to documented as specified in M660. the standards in C840) on letter-size e. Be entered at the destination M010 Mailpieces pieces. delivery unit appropriate to the delivery M011 Basic Standards * * * * * address on the corresponding mail, as a mailing subject to the applicable 1.0 TERMS AND CONDITIONS M030 Containers requirements in E610 and E650, as a * * * * * * * * * *

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M032 Barcoded Labels Exhibit 1.3 3–Digit Content Identifier Numbers 1.0 BASIC STANDARDS—TRAY AND SACK LABELS [Revise Exhibit 1.3 by adding the following entries before ‘‘ECR Irregular Parcels— * * * * * Nonautomation’’ to read as follows:] * * * * *

STANDARD MAIL

Class and mailing CIN Human-readable content line

CMM (letter trays) ...... 206 DEL LTR STD CMM MAN CMM (flat trays) ...... 207 DEL FLTS STD CMM MAN CMM (sacks) ...... 205 DEL STD CMM MAN

* * * * * 1.2 Standard Containers * * * Containers for Customized MarketMail are specified in M660. [Revise 1.2 by inserting new sentence after M033 Sacks and Trays *** first sentence to read as follows:] 1.0 BASIC STANDARDS * * * * * [Revise Exhibit 1.2 by adding the following * * * * * entry at the end to read as follows:]

Mail class Processing USPS Container category

***** ***** ***** Standard mail ***** ***** Customized MarketMail under Letter tray (with sleeve), flat tray M660. (with green lid inverted), white sack

* * * * * b. A Priority Mail drop shipment must M600 Standard Mail be contained in either an orange Priority M070 Mixed Classes * * * * * or a letter-size tray, except [Add new M660 to read as follows:] * * * * * that Customized MarketMail pieces M660 Customized MarketMail M072 Express Mail and Priority Mail under E660 may be contained in USPS- Drop Shipment provided Priority Mail envelopes and Summary cartons or in any properly labeled M660 describes the basic preparation 1.0 BASIC STANDARDS container supplied by the mailer. and marking standards for Customized 1.1 Enclosed Mail * * * * * MarketMail (CMM) pieces meeting the [Revise last sentence of 1.1 to read as 1.7 Label 23 eligibility standards in E660. follows:] [Revise 1.7 to read as follows:] 1.0 BASIC STANDARDS * * * When a drop shipment is As an alternative to sacks for Priority 1.1 All Mailings destined to a 5-digit facility, then Mail drop shipments, letter trays or All mailings and all pieces in each sacking or traying is not required for mailer-supplied containers for mailing prepared as Customized letters or , if all enclosed presort Customized MarketMail pieces under MarketMail (CMM) are subject to destination packages are destined to the E660 may be used as follows: specific preparation standards in 1.0 same 5-digit ZIP Code as the Express a. Label 23 is affixed to the letter tray and 2.0 and to these general standards: Mail or Priority pouch, sack, or or mailer-supplied container. A single a. All pieces must meet the standards container. Label 23 may be used to identify two for basic eligibility in E610 and specific * * * * * letter trays strapped together. Mailer- eligibility in E660. Nonprofit Standard supplied containers may not be Mail pieces must meet the additional 1.3 Containers for Expedited strapped together. eligibility standards in E670. Transport b. If two letter trays are strapped b. CMM pieces must not be part of a [Revise 1.3 to read as follows:] together, each tray must be of identical mailing containing any other type of size and individually strapped under Standard Mail pieces. Acceptable containers for expedited M033.1.5. Label 23 must be affixed to c. Each mailing must meet the transport are as follows: the sleeve of the top tray before applicable standards for mail a. An Express Mail drop shipment strapping. The trays must be strapped preparation in M010 and M020 and the must be contained in a blue and orange securely around the length of the two following: Express Mail pouch, except that trays. (1) Subject to the marking standards Customized MarketMail pieces under c. The total weight of two trays in M012, Regular Standard Mail pieces E660 may be contained in USPS- strapped together or mailer-supplied must be marked ‘‘Presorted Standard’’ provided Express Mail envelopes and containers used for CMM may not (or ‘‘PRSRT STD’’) and Nonprofit cartons or in any properly labeled exceed 70 pounds. Standard Mail pieces must be marked container supplied by the mailer. * * * * * ‘‘Nonprofit Organization’’ (or

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‘‘Nonprofit Org.’’ or ‘‘Nonprofit’’). All 2.2 Containers pieces must also be marked If more than three types of containers ‘‘Customized MarketMail,’’ ‘‘CUST are used, the mailing must be prepared MKTMAIL,’’ or ‘‘CMM.’’ using an approved manifest mailing (2) At the mailer’s option, a carrier system (MMS) under P910, unless the route information line under M014 may Business Mailer Support (BMS) manager be added. If this option is used, a carrier approves another postage payment route code must be applied to every system. Each mailing presented in piece in the mailing and must be mailer-supplied containers must be * * * * * applied using CASS-certified software accompanied by sample containers for and the current USPS Carrier Route File tare weight calculations. The size of the R Rates and Fees scheme, hard copy Carrier Route Files, containers must be appropriate to the * * * * * or another AIS product containing dimensions of the pieces, and the carrier route information, subject to number of containers must be R600 Standard Mail A930 and A950. Carrier route appropriate to the volume of pieces in 1.0 REGULAR STANDARD MAIL information must be updated within 90 the mailing. If Express Mail or Priority days before the mailing date. Mail drop shipment is used, containers * * * * * d. All pieces in the mailing must meet are subject to the standards in M072. 1.2 Nonletters—3.3 oz. or Less the specific sortation and preparation 2.3 Containerizing and Labeling * * * * * standards in M660. Mail must be prepared in 5-digit, 5- [Add footnote 2 to ‘‘Presorted’’ to read as follows:] e. Pieces are subject to the rate digit scheme using L606, or 5-digit eligibility specified in E660. carrier route containers, with no 2. Customized MarketMail pieces are 1.2 Postage minimum volume (piece or weight) subject to the Basic nondestination required for an individual container. In entry nonletter rate, plus the residual CMM is subject to the same options of addition to the required labeling, shape surcharge. postage payment (precanceled stamps, mailer-supplied containers must be * * * * * metered postage, or permit imprint) for marked ‘‘DELIVERY UNIT—OPEN AND 3.0 NONPROFIT STANDARD MAIL Standard Mail pieces as permitted DISTRIBUTE’’ on the container label or under P600. on the address side of the container. * * * * * 1.3 Documentation Containers are prepared and labeled as 3.2 Nonletters—3.3 oz. or Less follows: A complete, signed postage statement, a. PVDS drop shipments must be * * * * * prepared in 5-digit or 5-digit carrier [Add footnote 2 to ‘‘Presorted’’ to read as using the correct USPS form or an follows:] approved facsimile with the residual route letter trays, sacks, or in mailer- shape surcharge, must accompany each supplied containers and labeled as 2. Customized MarketMail pieces are mailing. The mailer must also provide follows: subject to the Basic nondestination an extra copy of the postage statement (1) Line 1: City, state, and 5-digit ZIP entry nonletter rate, plus the residual and a sample of the CMM mailpiece. Code on mail. shape surcharge. The sample and the copy postage (2) Line 2: ‘‘DEL LTR STD CMM * * * * * MAN’’ (for letter trays); ‘‘DEL FLTS STD statement are then forwarded by the S Special Services USPS to the New York Rates and CMM MAN’’ (for flat trays); ‘‘DEL STD Classification Service Center (see G042 CMM MAN’’ (for sacks or mailer- S000 Miscellaneous Services for address). Mailings of nonidenticial- supplied containers). * * * * * weight pieces or mailings using more (3) Line 3: Office of mailing or mailer than three different types of containers information (see M031). S070 Mixed Classes must also be supported by standardized b. Express Mail and Priority Mail drop 1.0 BASIC INFORMATION documentation meeting the standards in shipments must be prepared in USPS- P012. provided Express Mail or Priority Mail 1.1 Priority Mail Drop Shipment containers (i.e., pouches, sacks, cartons, Documentation for nonidentical- [Revise 1.0 to read as follows:] or envelopes) or in mailer-supplied weight pieces is not required if the For a Priority Mail drop shipment, no containers and must be labeled under correct rate is affixed to each piece. special services may be added to the M072. Priority Mail segment, and the mail 2.0 PREPARATION * * * * * enclosed may receive only the following 2.1 Packaging P Postage and Payment Methods services: a. First-Class Mail pieces may be sent Two or more pieces to the same 5- P000 Basic Information with Certified Mail service or special digit destination must be packaged * * * * * handing, or, for First-Class Mail parcels under M020 in any container to only, electronic option Delivery maintain the integrity and stability of P040 Permit Imprints Confirmation service or electronic the pieces throughout transit and * * * * * option Signature Confirmation service. handling. The maximum weight for any b. Standard Mail pieces subject to the package is 20 pounds. Pieces of irregular 4.0 INDICIA FORMAT residual shape surcharge (except thickness must also be counterstacked * * * * * Customized MarketMail pieces) may be as provided in M020. At the mailer’s sent with electronic option Delivery option, CMM may be prepared in carrier Exhibit 4.1b Indicia Formats Confirmation service. route packages, subject to the applicable [Add an example of ‘‘Cust MktMail,’’ permit c. Package Services mail may be sent standards in M050 and E630. imprint indicia to read as follows:] with or, for Package

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Services parcels only, electronic option An appropriate amendment to 39 CFR May 22, 1997, (62 FR 27968) EPA Delivery Confirmation service or part 111 to reflect these changes will be revised the procedures for incorporating electronic option Signature published. by reference Federally-approved SIPs, as Confirmation service. a result of consultations between EPA Stanley F. Mires, * * * * * and OFR. The description of the revised Chief Counsel, Legislative. SIP document, IBR procedures and S500 Special Services for Express Mail [FR Doc. 03–17351 Filed 7–8–03; 8:45 am] ‘‘Identification of plan’’ format are BILLING CODE 7710–12–P * * * * * discussed in further detail in the May 22, 1997, Federal Register document. 2.0 EXPRESS MAIL DROP SHIPMENT On October 22, 2002, EPA published a ENVIRONMENTAL PROTECTION [Revise 2.0 to read as follows:] document in the Federal Register (67 AGENCY FR 64999) beginning the table for For an Express Mail drop shipment, Mecklenburg County, North Carolina the content of each Express Mail pouch 40 CFR Part 52 IBR material. In this document EPA is is considered one mailpiece for [NC–200317; FRL–7511–6] doing the update to the material being indemnity coverage, and the mail IBRed. enclosed may receive only the following Approval and Promulgation of Air EPA has determined that today’s rule services: Quality Implementation Plans; falls under the ‘‘good cause’’ exemption Mecklenburg County, NC Update to in section 553(b)(3)(B) of the a. First-Class Mail pieces may be sent Materials Incorporated by Reference Administrative Procedures Act (APA) with Certified Mail service or special which, upon finding ‘‘good cause,’’ handing, or, for First-Class Mail parcels AGENCY: Environmental Protection authorizes agencies to dispense with only, electronic option Delivery Agency (EPA). public participation and section Confirmation service or electronic ACTION: Final rule; notice of 553(d)(3) which allows an agency to option Signature Confirmation service. administrative change. make a rule effective immediately b. Priority Mail pieces may be sent (thereby avoiding the 30-day delayed with Certified Mail service, special SUMMARY: EPA is revising the format of effective date otherwise provided for in handing, electronic option Delivery materials submitted by North Carolina the APA). Today’s rule simply codifies Confirmation, or electronic option that are incorporated by reference (IBR) provisions which are already in effect as Signature Confirmation. into the Mecklenburg County portion of a matter of law in Federal and approved the North Carolina State c. Standard Mail pieces subject to the State programs. Under section 553 of the implementation plan (SIP). The APA, an agency may find good cause residual shape surcharge (except regulations affected by this update have Customized MarketMail) may be sent where procedures are ‘‘impractical, been previously submitted by the Local unnecessary, or contrary to the public with electronic option Delivery agency through the State agency and Confirmation service. interest.’’ Public comment is approved by EPA. This update affects ‘‘unnecessary’’ and ‘‘contrary to the d. Package Services mail may be sent the SIP materials that are available for public interest’’ since the codification with special handling or, for Package public inspection at the Office of the only reflects existing law. Immediate Services parcels only, electronic option Federal Register (OFR), Office of Air and notice in the CFR benefits the public by Delivery Confirmation service or Radiation Docket and Information updating citations. electronic option Signature Center, and the Regional Office. Statutory and Executive Order Reviews Confirmation service. EFFECTIVE DATE: This action is effective * * * * * July 9, 2003. Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is ADDRESSES: SIP materials which are I Index Information not a ‘‘significant regulatory action’’ and incorporated by reference into 40 CFR therefore is not subject to review by the I000 Information part 52 are available for inspection at Office of Management and Budget. For the following locations: Environmental * * * * * this reason, this action is also not Protection Agency, Region 4, 61 Forsyth subject to Executive Order 13211, I020 References Street, SW., Atlanta, GA 30303; Office of ‘‘Actions Concerning Regulations That Air and Radiation Docket and * * * * * Significantly Affect Energy Supply, Information Center, Room B–108, 1301 Distribution, or Use’’ (66 FR 28355, May I022 Subject Index Constitution Avenue, (Mail Code 6102T) 22, 2001). This action merely approves * * * * * NW., Washington, DC 20460, and Office State law as meeting Federal [Add the following two entries to read as of the Federal Register, 800 North requirements and imposes no additional follows:] Capitol Street, NW., Suite 700, requirements beyond those imposed by Washington, DC. State law. Accordingly, the Customized MarketMail, C600, E660, FOR FURTHER INFORMATION CONTACT: Ms. Administrator certifies that this rule M660 Rosymar De La Torre Colon at the above will not have a significant economic * * * * * Region 4 address or at (404) 562–8965. impact on a substantial number of small E-mail: [email protected]. entities under the Regulatory Flexibility Standard Mail SUPPLEMENTARY INFORMATION: The SIP is Act (5 U.S.C. 601 et seq.). Because this * * * * * a living document which the State can rule approves pre-existing requirements revise as necessary to address the under State law and does not impose MAIL PREPARATION unique air pollution problems in the any additional enforceable duty beyond * * * * * State. Therefore, EPA from time to time that required by State law, it does not must take action on SIP revisions contain any unfunded mandate or CUSTOMIZED MARKETMAIL, M660 containing new and/or revised significantly or uniquely affect small * * * * * regulations as being part of the SIP. On governments, as described in the

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