(2) Per copy rates. Copies for delivery at office of mailing by city or village letter carrier service (and for delivery at publisher's headquarters office, except when second-class zone rates are higher):

Newspapers issued more often than weekly: 1 cent per copy.

Periodicals (all publications issued less frequently than weekly):

Copies weighing 2 ounces or less: 1 cent per copy.

Copies weighing over 2 ounces, any weight: 2 cents per copy.

(b) Outside the county of publication—(1) All publications, except those accepted at the special rate or classroom rate.

(iv) Philanthropic.

(v) Agricultural.
(vi) Labor.
(vii) Veterans.

(viii) Fraternal.

(3) Classroom publications. Religious, educational, or scientific publications designed specifically for use in school classroom or in religious instruction classes: 60 percent of the postage computed either at the regular pound rates in subparagraph (1)(i) of this paragraph or at the minimum per piece rate in subparagraph (1) (ii) (a) of this paragraph. (c) Transient rate.

Copies mailed by pub-)

lic. Sample copies in excess of 10 percent allowance.

Copies to persons not included in list of subscribers.

4 cents for first 2 ounces; 1 cent each additional ounce or fraction thereof, or the fourth-class rate, whichever is

lower.

(d) Second class rates to other countries. See § 112.4(a) (1) (iii) of this chapter.

(g) Minimum rate. The minimum rate is computed on individually addressed copies or pieces. Bundles of unaddressed copies to which the minimum rate will not apply should be declared on separate Form 3542 "Statement

showing number of copies of second class or controlled circulation publications mailed."

CODIFICATION: § 22.1 was amended as fol

lows:

1. Paragraphs (a), (b), and (c) were amended, 28 F.R. 1468, Feb. 15, 1963. Subsequently, paragraph (a) (1) was amended, 28 F.R. 4754, May 11, 1963.

2. Paragraphs (d) and (g) were amended, 27 F.R. 6976, July 24, 1962.

§ 22.2 Qualifications for second-class privileges.

(c) Publications of institutions and societies. (1) Publications that do not have subscribers and that are issued as follows may contain only the publishers own advertising and not under any conditions the advertising of other persons, institutions, or concerns: By a regularly incorporated institution of learning, by a regularly established State institution of learning supported in whole or in part by public taxations, including bulletins issued by State boards of health, State industrial development agencies, State conservation and fish and game agencies or departments, and State boards or departments of public charities and corrections, and by a public or nonprofit private elementary or secondary institution of learning or its administrative or governing body.

on Form 3510 "Application for Reentry of Second-Class Publication", at the post office of original entry, accompanied by two copies of the publication showing the new name or frequency. When the location is changed, an application for reentry must be filed on Form 3510 at the new office, accompanied by two copies of the publication showing the name of the new office as the known office of publication. Copies of secondclass publications will be accepted for mailing at the second-class postage rates during the time applications for their reentry are pending. Copies of Form 3510 may be obtained from local postmasters. An application for reentry is not required when only the ownership is changed unless the change disqualified the publication for entry which was authorized under § 22.2(c).

[Paragraph (d) amended, 27 F.R. 9057, Sept. 12, 1962]

(e) Fees. The fees to accompany applications for second-class original entry, reentry, or additional entry, or for registration as a news agent, are:

(2) Copies paid for by advertisers. Copies paid for by advertisers or others for advertising purposes, may be mailed only at the transient rate provided by § 22.1(c). When copies are being furnished free to the addressees, publishers may be required to tell the postmaster the purpose for sending the copies, the amount that the publisher received for the copies, and whether the purchaser is an advertiser.

(3) Copies paid for as gifts. A minor portion of the subscription list may consist of persons whose subscriptions were paid for as gifts. Subscriptions paid for by advertisers or other interested persons to promote their own interests are not gift subscriptions and subscriptions given free by the publishers are not gift subscriptions; postage at the transient rate in § 22.1(c) must be paid on these copies.

22-065-64----3

CODIFICATION: § 22.4 was amended in the following respects:

1. Paragraphs (b)(3) and (d) (5) were amended, 28 F.R. 1469, Feb. 15, 1963.

2. Paragraph (f) was amended as follows: a. In subparagraph (1), subdivisions (i) and (v) were amended, 27 F.R. 9057, Sept. 12, 1962, and subdivision (iv) was amended, 27 F.R. 6976, July 24, 1962. Subsequently, subdivision (iv) was amended to read as set forth above, 28 F.R. 1469, Feb. 15, 1963.

b. Subparagraphs (2) and (3) were amended, 27 F.R. 9057, Sept. 12, 1962.

c. Subparagraph (6) was amended, 28 F.R. 1469, Feb. 15, 1963.

3. Paragraph (g) was deleted, and paragraphs (h) and (1) were redesignated (g) and (h), respectively, 28 F.R. 1469, Feb. 15, 1963.

4. In paragraph (g), as redesignated, subparagraph (2) (x) was amended, 27 F.R. 6976, July 24, 1962.

5. In paragraph (h), as redesignated, subparagraphs (2) and (5) were amended, 28 F.R. 1469, Feb. 15, 1963.

(c) Remailing without payment of postage. A news agent may not remove packages of copies from a post office, write an address on each copy, and return them to the office for dispatch or delivery without paying additional postage. [Paragraph (c) amended, 28 F.R. 1469, Feb. 15, 1963]

§ 22.6 Ownership, management circulation statement.

and

(a) Requirements (as contained in 39 U.S. Code 4369). (1) Each owner of a publication having second-class mail

privileges under 39 U.S. Code, 4354 (see § 22.2(b)) shall furnish to the Postmaster General at least once a year, and shall publish in such publication once a year, information in such form and detail and at such time as he may require respecting:

(i) The identity of the editor, managing editor, publishers, and owners;

(ii) The identity of the corporation and stockholders thereof, if the publication is owned by a corporation;

(iii) The identity of known bondholders, mortgagees, and other security holders;

(iv) The extent and nature of the circulation of the publication, including, but not limited to, the number of copies distributed, the methods of distribution, and the extent to which such circulation is paid in whole or in part: Provided however, That trade publications serving the performing arts need only to furnish such information to the Postmaster General; and

(v) Such other information as he may deem necessary to determine whether the publication meets the standards for second-class mail privileges.

The Postmaster General shall not require the names of persons owning less than 1 per centum of the total amount of stocks, bonds, mortgages, or other securities.

(2) Each publication having secondclass mail privileges under 39 U.S. Code 4355(b) (See § 22.2(c)) shall furnish to the Postmaster General information in such form and detail, and at such times, as he requires to determine whether the publication continues to qualify thereunder. In addition, the Postmaster General may require each publication which has second-class mail privileges under 39 U.S. Code 4355(a) or 4356 (see § 22.1(c)) to furnish information, in such form and detail and at such times as he may require, to determine whether the publication continues to qualify thereunder.

(3) The Postmaster General shall make appropriate rules and regulations to carry out the purpose of this section, including provision for suspension or

revocation of second-class mail privileges for failure to furnish the required information.

(b) Procedures. (1) All publishers or publications having second-class mailing privileges must file on or before the first day of October a statement on Form 3526, Statement of Ownership, Management and Circulation, in duplicate at the post office where the original secondclass permit is authorized.

(2) Publishers who file a statement under the provisions of paragraph (a) (1) of this section shall publish the complete statement in the second issue thereafter of the publication to which it relates.

EXCEPTION: Publications described in paragraph (a) (1) (iv) of this section are not required to publish circulation data. Publishers who file a statement under the provisions of paragraph (a) (2) of this section are not required to publish the statement.

(3) A publication which fails to comply with the requirements of this section within 10 days after notice by certified mail of the failure may not be mailed at the second-class rates of postage until it has come into compliance.

(4) Postmasters shall:

(i) Furnish publishers copies of Form 3526 at least 10 days prior to October 1.

(ii) Examine each statement filed in duplicate to see that it contains all of the information required by law.

(iii) Return incomplete or incorrect statements to the publishers and obtain from them complete and correct statements.

(iv) Arrange the original copies alphabetically by titles and forward them to the Bureau of Operations, Classification and Special Services Division, Washington, D.C., 20260. Retain the duplicate copies in the files of the post office.

(v) Obtain a copy of the issue of each publication in which the required statement is published, and verify the correctness of the published statement. File the copy. Do not forward it to the Department. Promptly report to the Bureau of Operations, Classification and Special Services Division, any instance where a publisher fails to file or to publish a statement.