guishable from the names of other offices of the publication. When there is no post office at the place where published, the name of the post office where mailed must be shown as the office of publication. Addresses in mastheads and date lines must be printed so they will clearly show where change of address notices, undeliverable copies, orders for subscriptions, and other mail items are to be sent. See $126.2(f) of this chapter.

(7) Second-class imprint, reading: Second-class postage paid at

When a publication is mailed at two or more offices the imprint must read Second-class postage paid at

and at additional mailing offices.

(8) Notice of pending application, when copies are mailed while an application is pending, reading: Application to mail at second-class postage rates is pending at

[26 F.R. 11541, Dec. 6, 1961, as amended at 27 F.R. 6976, July 24, 1962; 28 F.R. 1469, Feb. 15, 1963; 29 F.R. 562, Jan. 23, 1964; 29 F.R. 16125, Dec. 3, 1964; 30 F.R. 8224, June 26, 1965; 31 F.R. 476, Jan. 14, 1966; 32 F.R. 3019, Feb. 17, 1967; 32 F.R. 10436, July 15, 1967. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 132.3 Application for second-class privileges.

(a) Applications for publications and news agents that do not have secondclass privileges. An application must be filed by the publisher before a publication may be mailed at the second-class rates. Two copies of the issue described in the application must also be filed. When one-half or more of the total copies distributed are purchased by news agents for resale or are consigned to news agents for sale, two copies each of at least four issues must be filed before an application is either approved or disapproved, to demonstrate compliance with the requirement for regular issuance at least four times each year. See § 132.2(b) (1). If the publication is printed in a foreign language, a brief translation of the contents of the copies must be furnished. A synopsis of each article and advertisement is usually sufficient. News agents must file applications before they may mail secondclass publications at the second-class rates. Copies of all application forms

may be obtained from local postmasters. The headings on the forms describe what information must be furnished by publishers and news agents. Use the following forms:

(1) File application Form 3501, "Application for Second-Class Mail Privileges", for second-class mail privileges for a publication that meets the basic qualifications at the post office of the place where the known office of publication is located. When one-half or more of the total copies distributed are purchased by news agents for resale, or are consigned to news agents for sale, postmasters will not accept an application on Form 3501, unless the publisher has completed the application by furnishing all of the information called for by questions 30 and 31.

(2) File application Form 3502, “Application for Second-Class Mail Privileges", for second-class mail privileges for a publication of an institution or society that does not meet the basic qualifications at the post office of the place where the known place of publication is located.

(3) File application Form 3501-A, "Application to Mail Publications at Second-Class Rates", for permission to mail foreign publications in the United States at the post office at which the copies are to be mailed.

(4) File application Form 3501-A for registry of a person or firm as a news agent with the privilege of mailing second-class publications at the post office where mailings are to be made.

(b) Acceptance after application is filed. Publishers or news agents may not mail at the second-class rates until the application for second-class privileges is approved by the Director, Classification and Special Services Division, Bureau of Operations. See paragraph (f) of this section. Postmasters may not accept mailings at the second-class rates until they receive a written authorization from the Director, Classification and Special Services Division. Postage at the applicable third- or fourth-class rates may be paid in money on mailings made while an application is pending. The postmaster will keep a record of such mailings on Form 3503, "Temporary Permit Conditionally Accepting Newspapers and Other Publications for Mailing in the Manner in Which Second

Class Matter Is Mailed", and if secondclass privileges are authorized by the Director, Classification and Special Services Division, he will be instructed to return to the publishers or news agents the difference between the thirdor fourth-class rates and the secondclass rates. Form 3503 will not be kept and the difference will not be returned when postage is paid by stamps affixed. (c) Applications for publications that have second-class privileges. After a publication has obtained second-class mail privileges, applications may be filed for the following additional privileges:

(1) Publishers of newspapers or periodicals of those nonprofit organizations and associations listed in § 132.1(b) (2) may file applications by letter to the postmaster for the special rate. They must submit evidence to establish their nonprofit status and to show that they come within one of the categories stated.

(2) Publishers of religious, educational, or scientific publications designed for use in school classrooms or in religious instruction classes may file applications by letter to the postmaster for the special rates for such publications. See § 132.1(b) (3). They must also submit evidence showing that their publications are of this character and for the uses stated.

(3) A publisher may apply for permission to mail at additional entry post offices any copies except those which are for delivery at the post office where the publication has been granted original second-class entry and mail privileges. A written application for an additional entry must be filed by the publisher at the post office where the publication has original second-class entry. A form is not provided for this kind of application. See paragraph (e) of this section for fees required. The application must include the following information:

(i) Name of publication.
(ii) Frequency of issue.

(iii) Name of place where the publication is printed.

(iv) Name of the additional entry post office.

(v) Approximate number and weight of copies to be mailed at the additional entry office.

(vi) Specific geographical area to be served from the additional entry office

(the geographical area served by the additional entry office must include the entire local delivery area of the additional entry office).

An additional entry will be authorized at a post office located in the same county in which the office of original entry is located only when the publication is entirely or partly produced or prepared for mailing at the additional entry office. (See subparagraph (4) of this paragraph for available exceptional dispatch privileges). An additional entry will be authorized only at a post office served by transportation facilities which will enable the mailings to be effectively and economically handled in the postal transportation patterns.

(4) An application to deliver copies of a second-class publication at the publishers' expense and risk from the post office of original entry or an additional entry post office to other post offices or elsewhere may be filed by the publisher at the office of original or additional entry where the postage is paid on the copies which will be transported. form is not provided for this kind of application. See § 126.3 (f) of this chapter.

A

(d) Reentry because of change in name, frequency, or location. When the name or frequency is changed, an application for reentry must be filed 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 § 132.2(c).

(e) Fees. The fees to accompany applications for second-class original entry,

If an application is not approved, no part of the fee is returned to the applicant.

(f) Granting or denial of application. The Director, Classification and Special Services Division, Bureau of Operations, rules on all applications. If he grants the application, he notifies the postmaster at the office where the application for original entry was filed, who in turn notifies the applicant. Before taking action on an application, the Director may call on the publisher for additional information or evidence to support or clarify the application. Failure of the publisher to furnish the information requested may be cause for denial of the application as incomplete or, on its face, not fulfilling the requirements for entry. If the Director denies the application, he must notify the publisher specifying the reasons for the denial. The denial becomes effective in 15 days from receipt of the notice by the publisher unless the publisher appeals therefrom. See §132.8(c).

[26 F.R. 11543, Dec. 6, 1961, as amended at 27 F.R. 9057, Sept. 12, 1962; 28 F.R. 1469, Feb. 15, 1963; 29 F.R. 563, Jan. 28, 1964; 30 FR. 2150, Feb. 17, 1965; 30 F.R. 3763, Mar. 23, 1965; 32 F.R. 2704, Feb. 9, 1967. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 132.4 What may be mailed at the second-class rates.

(a) Complete copies. Copies of the regular issues containing all of the pages may be mailed at the second-class rates. Incomplete copies having pages or portions of pages removed must be charged with postage at the third- or fourth-class rates.

(b) Editions or issues. The following kinds of extra or special editions or issues may be mailed at the second-class rates:

(1) Extra issues or editions issued for the purpose of communicating additional news and information received too late for insertion in the regular edition and not for advertising purposes.

(2) Separate editions of the issues of a second-class publication. Separate publications will not be accepted as editions. (3) Issues containing annual reports, directories, lists, and similar text as a part of the contents, but the copies may not be distinguished from the regular issues by bearing designations which indicate they are annuals, directories, catalogs, yearbooks, or other types of separate publications. The regular annual subscription price must include the copies of such issues.

The

(c) Back numbers and reprints. following kinds of back numbers and reprints may be mailed at the second-class rates:

(1) Unbound copies of back numbers as long as entry is in effect.

(2) Unbound reprint copies of daily publications printed within one week after the date of issue.

(3) Unbound reprint copies of other than daily publications printed before the next issue is printed.

Other reprints and bound back numbers are charged with postage at any applicable third- or fourth-class rates.

(d) Supplements. Issues may include supplements subject to the following conditions:

(1) The supplement must be germane to the issue, and prepared in order to complete it, having been omitted for want of space, time, or greater convenience.

(2) Publishers must be paid at advertising rates and charges for carrying preprinted advertising supplements germane to the issue which are furnished to them by advertisers or others.

(3) Publications which are distinct from and independent of the regular issue, such as catalogs, circulars, handbills, posters, and other special advertisments, and which are, therefore, not germane to the issue, may not be inserted as supplements.

(4) A supplement must bear the title of the publication preceded by the words Supplement to.

(5) Supplements must be folded and mailed with the regular issue.

(6) Bound periodicals must observe the provisions of paragraph (h) of this section.

(e) Parts or sections. (1) The regular pages of publications may be prepared in parts or sections. Enclosures prohibited as supplements may not be prepared as parts or sections.

(2) Each part or section must show the title of the publication.

(3) The number of parts or sections in which the issue is published must be stated on the first page of the first part or section.

(4) Publishers must pay at a rate that is not nominal for parts or sections produced by others. The parts or sections may not be issued by or for advertisers. Publishers must submit to the Bureau of Operations, Classification and Special Services Division contracts entered into with producers of parts or sections.

(f) Copies not paid for by the addressee (1) Sample copies. (i) Complete copies of regular issues or editions may be mailed as samples at the secondclass rates provided by § 132.1 (a) and (b).

(ii) Samples may be mailed at any time during a calendar year to the extent of 10 percent of the total estimated weight of copies to be mailed to subscribers during the calendar year. For publications having additional entries, the postmaster at the original entry office is responsible for determining that sample copies do not exceed the 10 percent limit. At the end of each calendar year the postmaster at the original entry post office must request from each additional entry office the weight of subscriber and sample copies mailed during the year.

(iii) The words "Sample Copy" must be shown on the address side of the envelopes or wrappers or the outside cover of unwrapped copies.

(iv) Samples for delivery in the county of publication are subject to the rates shown in § 132.1(a).

(v) The transient rate provided by § 132.1(c) must be paid on samples mailed in excess of the 10 percent limit.

(vi) Copies mailed for advertising purposes under arrangements with advertisers or others and copies mailed by a publisher acting as an agent for an advertiser may not be mailed as samples.

(vii) Sample copies may be mailed to boxholders with each copy addressed in the simplified manner shown in § 123.4 (a) of this chapter. Copies so addressed and marked "Sample Copy" must be mailed to each boxholder on the rural or star route or to each boxholder at post offices not having city letter-carrier service. Copies may not be mailed only to nonsubscriber boxholders. All copies mailed in this manner are considered as samples even though some boxholders are subscribers. Such copies are individually addressed copies.

(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 § 132.1(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 § 132.1 (c) must be paid on these copies.

(4) Exchange copies. A minor portion of the subscription list may consist of publishers to whom exchange copies are sent, one copy for another.

(5) Expired subscriptions. Copies will be accepted at the pound rates of postage for a period of 6 months after a subscription has expired, if the publisher attempts during the 6 months to obtain payment or a promise to pay for a renewal. Postage at the transient secondclass rate will be charged on copies sent after 6 months to persons who have not renewed.

(6) Advertisers' proof copies. One complete copy of each issue may be mailed at the pound rates to each advertiser in the issue to prove that the advertisements have been printed or, instead, copies may be mailed to the advertising representatives or agents of the publication. The number of proof copies of each issue sent under this section may not exceed the number of advertisers in the issue.

(7) Mailed by printer. Copies sent by a printer to a publisher are chargeable with postage at the third- or fourth-class rate, whichever is applicable, according to the physical characteristics of the publication and the weight of the package or parcel.

(g) Enclosures, additions, and novelty pages (1) Enclosures. Bills, receipts, and orders for subscriptions may be enclosed either loose or bound in. No other enclosures are permitted. They may be prepared in the following ways:

(i) Printed or written.

(ii) Printed on cards and envelopes, including business replies.

(iii) Arranged to include coin receptacles.

(iv) Arranged as combination forms for two or more second-class publications issued by the same publisher.

(2) Additions. Additions consist of words that may be added to the copies after they are printed or that may be placed on the envelopes or wrappers in which the copies are mailed. Only the following additions may be made:

(i) Name and address of the person to whom copies are sent.

(ii) Index figures of subscription book, either printed or written.

(iii) Printed title of publication and place of its publication.

(iv) Printed or written name and address without addition of advertisement of the publisher or sender, or both.

(v) Written or printed words or figures, or both, indicating the date on which the subscription will end.

(vi) Correction of any typographical error.

(vii) A mark, except by written or printed words, to designate a word or passage to which it is desired to call attention.

(viii) The words "Sample Copy" when the copies are sent as samples.

(ix) The words "Marked Copy" when the copies contain a marked item or article.

(x) The words "Return Requested" when undeliverable copies are to be returned to the sender. See § 158.2(b) (4) of this chapter.

(xi) The number of copies enclosed may be shown on the wrapper or face of a package.

(3) Novelty pages. Novelty pages are printed sheets that may be used for purposes other than reading, or printed

sheets with novel characteristics. Novelty pages must be prepared specifically for and intended as integral pages of newspapers or other periodical publications. Blank sheets may not be carried as pages. Envelopes and all other types of containers do not constitute printed sheets or portions thereof. The total number of novelty pages in the copies may constitute only a minor portion of the total pages. An excessive use of novelty pages may give a publication the characteristics, both as to format and purpose, of books, catalogs, or other third- or fourth-class mail. The following kinds of pages are examples of novelty pages that may be included in second-class publications:

(i) Printed pages bearing words, perforations, or symbols indicating they are for detachment.

(ii) Pages having printed pictures for cutting out.

(iii) Printed pages having blank spaces for writing or marking.

(iv) Pages having printed illustrations permanently pasted to them. Envelopes, wrappers, pockets, all other types of containers, and any contents thereof do not constitute printed illustrations.

(v) Pages with coupons or application of order forms occupying not more than one-half of the page.

(h) Advertisements. All advertisements in periodicals must be permanently attached. Pagination is not required in periodicals, but some or all pages of periodicals may be paginated or allowed for, or both, in any manner which indicates that pages containing advertisements are an integral part of the periodical, or of its separate editions, rather than an independent publication. Independent publications may not be inserted in periodicals as advertisements. The physical makeup of advertisements may include such features as the following:

(1) Different advertisements may occupy the same space in different copies of the same issue.

(2) Pages of advertisements may not be smaller than one-eighth of the size of the regular pages when they include coupons or application or order forms occupying one-half or less of the page as permitted by paragraph (g) (3) (v) of this section.

(3) Advertisements larger than the regular pages may be prepared for folding out horizontally, vertically, or both.