Proposed Rule2022-05357
Periodicals Requester Records Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 24, 2022
Issuing agencies
Postal Service
Abstract
The Postal Service proposes to amend Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to revise verification requirements for authorized audit bureaus.
Full Text
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<title>Federal Register, Volume 87 Issue 57 (Thursday, March 24, 2022)</title>
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[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Proposed Rules]
[Pages 16702-16703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05357]
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POSTAL SERVICE
39 CFR Part 111
Periodicals Requester Records Requirements
AGENCY: Postal Service<SUP>TM</SUP>.
ACTION: Proposed rule.
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SUMMARY: The Postal Service proposes to amend Mailing Standards of the
United States Postal Service, Domestic Mail Manual (DMM[supreg]) to
revise verification requirements for authorized audit bureaus.
DATES: Comments must be received on or before April 25, 2022.
ADDRESSES: Comments may be mailed or delivered to Dale Kennedy
(Director, Product Classification), United States Postal Service, 475
L'Enfant Plaza SW, Washington, DC 20260-1101; or submitted to
<a href="/cdn-cgi/l/email-protection#ed9d8e8b8889889f8c819f888a849e99889fad989e9d9ec38a829b"><span class="__cf_email__" data-cfemail="c1b1a2a7a4a5a4b3a0adb3a4a6a8b2b5a4b381b4b2b1b2efa6aeb7">[email protected]</span></a>. Faxed comments will not be accepted.
All written comments may be inspected and photocopied, by
appointment only, at Postal Service Headquarters Library, 475 L'Enfant
Plaza SW, 11th Floor North, Washington, DC. These records will be
available for review Monday through Friday, 9 a.m.-4 p.m., by calling
202-268-2906. All submitted comments and attachments are part of the
public record and subject to disclosure. Do not enclose any material in
your comments that you consider to be confidential or inappropriate for
public disclosure.
FOR FURTHER INFORMATION CONTACT: Dale Kennedy at (202) 268-6592.
SUPPLEMENTARY INFORMATION: The Postal Service is publishing this notice
of proposed rulemaking to enact new procedures for auditing compliance
with circulation standards for Periodicals requester publications and
standardize existing procedures across Postal Service publications. The
Postal Service is also using this opportunity to update its listing of
authorized audit bureaus for Periodicals verification and requests each
authorized audit bureau notify the Postal Service to confirm its
status.
Domestic Mail Manual (DMM) 207.6.4.2a provides that a Periodicals
requester publication must have a legitimate list of persons who have
requested the publication and 50% or more of the copies must be
distributed to persons making such requests. Publishers can use a
variety of records to verify each publication sent at the Periodicals
rate is distributed to a legitimate list of requesters, including
``Individual and bulk orders for subscriptions and nonsubscriber
copies.'' DMM 207.8.1.4b. The Postal Service interprets DMM 207.8.1.4b
to encompass written proof in the form of email communications,
telephone, or internet. Customer Support Ruling (CSR) PS-054 (207.6.4).
The Postal Service now proposes to clarify that it will extend that
interpretation to text messages as well, given the growth in text
message communication.
If, after public comment, the Postal Service decides to extend the
interpretation in such manner, it will update CSR PS-054 to add
procedures for the evaluation of text message requests. In addition,
the Postal Service will make conforming changes in a new section E-0.4
to Appendix E of DM-204 to notify audit bureaus of its verification
requirements for text messages and throughout DM-203 to standardize
records retention requirements and to add Text Message requests.
Finally, the Postal Service plans to remove a reference to Form 3845 in
CSR PS-054, which is no longer in use.
The Postal Service also authorizes audit bureaus to conduct
verifications of circulation for applications for Periodicals mailing
privileges. DMM 207.8.2.2. The list of audit bureaus authorized to
verify circulation of Periodicals publication are listed in CSR PS-054.
However, the Postal Service currently has limited visibility into each
audit bureau's procedures for verification of publisher records.
Because disparate practices between different authorized audit bureaus
could lead to inconsistent enforcement of the Postal Service's
verification requirements, the Postal Service proposes an update to the
DMM explicitly reserving to the Postal Service the right to review each
authorized audit bureau's policies and procedures and periodically
inspect each bureau for compliance.
The Postal Service also proposes an update to DMM 207.8.1.3 to add
record retention requirements for authorized audit bureaus. Publishers
are required to keep circulation records for 3 years following the
issue date of the publication. DMM 207.8.1.3. The Postal Service's
proposed update to DMM 207.8.1.3 would impose a similar requirement on
authorized audit bureaus and require publishers to retain records for
paid subscribers for 12 months.
If the Postal Service adopts the proposed DMM changes, it will make
conforming updates in CSR PS-054 and Handbook DM-204 (Applying for
Periodicals Mailing Privilege) to add minimum requirements for
acceptance of text (SMS and MMS) messages for the purpose of auditing
Periodicals requests. The Postal Service will also publish an
appropriate amendment to 39 CFR part 111 to reflect these changes if
this proposal is adopted.
Finally, the Postal Service believes that its agreements with
authorized independent audit bureaus are out of date and is therefore
reviewing those agreements. Once this rulemaking is concluded, the
Postal Service will decide whether to renegotiate the agreements to
bring them up to date and would then publish a new list of authorized
audit bureaus in CSR PS-054.
The Postal Service proposes 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.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 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:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401-404, 414, 416, 3001-3018, 3201-3220, 3401-
3406, 3621, 3622, 3626, 3629, 3631-3633, 3641, 3681-3685, and 5001.
0
2. Revise the 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)
* * * * *
[[Page 16703]]
200 Commercial Mail Letters, Flats, and Parcels
* * * * *
207 Periodicals
* * * * *
8.0 Record Keeping Standards for Publishers
* * * * *
8.1 Basic Standards
* * * * *
[Revise 8.1.3 to read as follows:]
8.1.3 Retention
The publisher must keep records for each issue of a publication for
3 years from its issue date, except for circulation records for general
or requester publications for which USPS verification of circulation is
done by a USPS-authorized audit bureau. In addition, the publisher must
retain records for paid subscribers for 12 months following the issue
date. A publisher whose records are verified by an authorized audit
bureau is not required to keep source records of requests and
subscriptions longer than required by the audit bureau, provided,
however, the authorized audit bureau shall be required to retain
records related to such requests and subscriptions for 3 years
following each issue date.
8.2 Verification
* * * * *
[Revise 8.2.2 to read as follows:]
8.2.2 Authorized Verification
USPS employees or an authorized audit bureau may conduct
verifications of circulation for an application for Periodicals mailing
privileges, reentry application, or other required circulation
verification of general or requester publications, provided, however,
that the Postal Service will have the authority to review audit
procedures upon request. In addition, the Postal Service reserves the
right to verify each audit bureau's compliance with such audit
procedures. The Postal Service shall have the authority to revoke any
audit bureau's authorization to conduct verifications if it finds such
audit bureau has failed to follow approved audit procedures.
Joshua J. Hofer,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2022-05357 Filed 3-23-22; 8:45 am]
BILLING CODE P
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