DMM Revision: New Launch Application Procedure for Periodicals Mailing Privileges

We are introducing a new application procedure for publishers seeking Periodicals mailing privileges. The New Launch procedure provides an alternative process for obtaining Periodicals privileges under the “general” or “requester” categories. Publishers who use this procedure are not initially required to meet circulation standards. Instead, these publishers may submit a business plan out­lining the steps they will take to develop the publication’s circulation. The plan must describe the steps the publisher will take to develop paid subscriber or requester circula­tion, including marketing efforts such as direct mail cam­paigns, sample copies in and outside the mail, and any other means available, with the specific goal of obtaining at least 50 percent paid or requested circulation.

Publishers seeking Periodicals privileges under the New Launch procedure have up to 15 months from the date of initial application to file an updated PS Form 3500, Applica­tion for Periodicals Mailing Privileges, with the appropriate circulation information and to provide documentation showing compliance with Periodicals circulation stan­dards. Between the dates that the original and updated applications are submitted, we will monitor the publisher’s progress in meeting its business plan and obtaining suffi­cient subscribers or requesters to comply with circulation standards. Once that documentation is submitted, we will perform a prompt verification. If the mailer is in compliance with the circulation standards, and all other requirements for Periodicals privileges are met, we will issue an authori­zation to mail at Periodicals rates and refund any postage due. The refund is based on the initial date of compliance, rather than the date of the application.

The manager of the Pricing and Classification Service Center (PCSC) will deny applications from publishers who apply under the New Launch procedure but are unable to demonstrate compliance. These denials are subject to an administrative appeal to the manager of Mailing Standards, who will issue the final agency decision. Decisions on applications made under the New Launch procedure are not subject to appeal to an administrative law judge, the judicial officer, or any other forum. A publisher may not file another application for the publication under the New Launch process, but may file a new application under the regular application procedures and standards, and pay a new application fee.

We provide detailed instructions in the notice “Applica­tion for Periodicals Mailing Privileges Under the New Launch Procedure” on page 60 of this Postal Bulletin, and we are revising the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM^®) as explained here. The new standards are effective on August 30, 2007.

Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM)

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[Revise item a to add a second sentence for New Launch publications as follows:]

a. Form 3500 must be completed and filed at the Post Office serving the known office of publication. Part B may be left blank when submitted under the New Launch procedure.

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[Revise item a to add a second sentence for New Launch publications as follows:]

a. Form 3500 must be completed and filed at the Post Office serving the known office of publication. Part C may be left blank when submitted under the New Launch procedure.

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[Revise the third sentence to incorporate the New Launch procedure as follows:]

If the PCSC denies an application, the applicant is notified in writing and given the reasons for the denial. The denial takes effect 15 days from receipt of the notice by the appli­cant, unless an appeal is filed through the PCSC with the manager of Mailing Standards (see 608.8.0 for address). If the manager of Mailing Standards upholds the denial of an application submitted under the New Launch procedure or an application for news agent registry, that is the final agency decision. For other applications, the manager’s denial takes effect 15 days from the applicant’s receipt of the notice unless, during that time, an appeal is filed with the USPS Recorder under 39 CFR 954, a copy of which is included with the notice of denial.

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We will incorporate these revisions into the September update of the online DMM available via Postal Explorer at http://pe.usps.com and into the next printed edition.

— Mailing Standards,
Pricing and Classification, 8-30-07