(b) Information required from news agents. News agents must furnish postmasters evidence that copies of publications offered for mailing are entitled to second-class postage rates, and that they are sent to actual subscribers or to other news agents for the purpose of sale. A second-class imprint in the copies in sufficient evidence that a publication is entitled to be mailed at second-class rates. The addresses on bulk packages must show that the packages are sent to other news agents.

(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.

(d) When subject to transient second class rates. Unsold copies returned to publishers or other news agents, or copies sent to other news agents except for purpose of sale, or to persons not having subscriptions with the news agent, are subject to the transient second-class rate.

(e) Return of portions of unsold publications. The head or small portions of publications returned to publishers to show that copies have not been sold are subject to postage at third- or fourthclass rates according to weight.

[26 F.R. 11545, Dec. 6, 1961, as amended at 28 F.R. 1469, Feb. 15, 1963. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 132.6 Ownership, management and

circulation statement.

(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 § 132.2(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 § 132.2(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 § 132.1(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 (4) Postmasters shall:

the second-class rates of postage until it has come into compliance.

(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.

Publisher (Name and address)

Editor (Name and address)

Managing Editor (Name and address)

POD Form 3526, Aug. 1963

[28 F.R. 9387, Aug. 27, 1963.

§ 132.7

Marking of paid reading matter. (a) Editorial or other reading matter contained in publications entered as second-class mail and for the publication of which a valuable consideration is paid, accepted, or promised shall be marked plainly "advertisement" by the publisher. (39 U.S.C. 4367)

(b) Whoever, being an editor or publisher, prints in a publication entered as second-class mail editorial or other reading matter for which he has been paid or promised a valuable consideration, without plainly marking the same advertisement, shall be fined not more than $500. (18 U.S.C. 1734)

[29 F.R. 563, Jan. 23, 1964. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 132.8 Cancellation of second-class privileges.

(a) The Postmaster General may revoke the entry of a publication as second-class mail whenever he finds, after a hearing, that the publication is no longer entitled to be entered as second-class mail. (39 U.S.C. 4352b).

(b) The Director, Classification and Special Services Division, Bureau of

Operations, makes determinations concerning the suspension or revocation of a second-class entry subject to appeal and hearing requested by the publisher. He may call on a publisher from time to time to submit information bearing on the publisher's right to retain a second-class entry for his publication. When the Director determines that a publication is no longer entitled to its second-class entry, he issues a ruling of suspension or revocation to the publisher at the last known address of the office of publication stating the reasons therefor. The ruling becomes effective in 15 days from receipt by the publisher unless the publisher appeals therefrom. See paragraph (c) of this section.

(c) A copy of the procedures governing administrative appeals and hearings relative to the denial, suspension, or annulment of second-class mail privileges may be obtained from the Director, Classification and Special Services Division, Bureau of Operations. (See Part 204 of this chapter for the Rules of Practice in Proceedings Relative to

(a) Qualifications. Publications must:

(1) Contain at least 24 pages.

(2) Contain at least 25 percent nonadvertising.

(3) Be issued at regular intervals of four or more times a year.

(4) Be circulated free or mainly free. (5) Not be owned and controlled by individuals or business concerns and conducted as an auxiliary to and essentially for the advancement of the main business or calling of those who own or control them.

(b) Applications. Apply by letter to the postmaster at the office where mailings are to be made. A form is not provided for this kind of application. State the name of the publication, frequency of issue, where published, the name of the publisher, and whether the publication is circulated free or mainly free. Submit two copies of the issue published nearest to the date of application. The postmaster will submit the application and one copy of the publication to the Classification and Special Services Division, Bureau of Operations. Notice of authorization or disapproval will be furnished by the Director, Classification and Special Services Division.

(c) Deposits to cover postage. While an application is pending, deposits in money to cover postage on mailings at the third- or fourth-class rates may be made by the publisher. The excess de

[26 F.R. 11545, Dec. 6, 1961. Redesignated at 31 F.R. 15350, Dec. 8, 1966] § 133.4 Filing of marked copy.

A copy of each issue marked by the publisher to show nonadvertising to the extent of at least 25 percent of the total reading and advertising portions of the publication must be filed with the postmaster at the time of mailing. The percentage of nonadvertising must be written on the first page of the copy. Advertising includes paid advertising and the publisher's own advertising. The advertising may be in display, classified, or editorial style.

[27 F.R. 6976, July 24, 1962. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 133.5 Enclosures.

Enclosures are not permitted.

[26 F.R. 11546, Dec. 6, 1961. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

be computed at the minimum charge per piece. (See § 134.2(b) (2).)

(c) Keys, identification cards, identification tags, or similar identification devices. Keys, identification cards, identification tags, or similar identification devices that are without cover and that bear, contain, or have securely attached the name and complete post office address of a person, organization, or concern with instructions to return to such address and a statement guaranteeing the payment of the postage due on delivery: 6 cents each 2 ounces or fraction of 2 ounces.

[28 F.R. 1469, Feb. 15, 1963, as amended at 30 F.R. 576, Jan. 16, 1965. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 134.2 Classification.

(a) Definition. (1) Third-class mail consists of mailable matter which is(i) Not mailed or required to be mailed as first class mail;

(ii) Not entered as second class mail; and

(iii) Less than sixteen ounces in weight.

(2) A person who presents for mailing at one time twenty or more identical copies of bills and statements of account produced by any photographic or mechanical process, other than typewriting, may mail them as third-class mail. other cases, bills and statements of account shall be mailed as first-class mail.

In

(3) Circulars, including printed letters which according to internal evidence are being sent in identical terms to several persons, are third-class mail. A circular does not lose its character as such when the date and name of the addressee and of the sender are written therein, nor by the correction in writing of mere typographical errors.

(4) Unsealed letters written in point print or raised characters, or on sound reproduction records, used by the blind are third-class mail without regard to the limit on weight prescribed in subparagraph (1)(iii) of this paragraph.

(5) Printed matter within the limit of weight set forth in subparagraph (1) of this paragraph is third-class mail. For the purpose of this section, printed matter is paper on which words, letters, characters, figures or images, or any combination thereof, not having the character of actual or personal correspondence, have been reproduced by any process other than handwriting or typewriting.