§ 4159. Shipment by most economical means.

Shipments of official matter other than franked mail shall be sent by the most economical means of transportation practicable. The Postmaster General may refuse to accept official matter for shipment by mail when in his judgment it may be shipped by other means at less expense, or he may provide for its transportation by freight or express, whenever a saving to the Government will result therefrom without detriment to the public service. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 662.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 3211, 522 (July 13, 1892, ch. 165, § 5, 27 Stat. 148; June 25, 1948, ch. 658, title III, § 304, 62 Stat. 1048).

This section consolidates subsection (b) of section 3211 and section 522 of title 39. Franked mail is excepted, as the basic provisions do not apply to it. Subsection (a) of section 3211 is covered by section 4158 of this title. Changes are made in phraseology.

§ 4160. Executive Departments to supply information. Persons and governmental organizations authorized to use penalty mail shall supply all information requested by the Postmaster General necessary to carry out the provisions of sections 4151-4168 of this title as soon as practicable after request therefor. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 662.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 321m (June 25, 1958, ch. 658, title III, § 305, 62 Stat. 1049). Changes are made in phraseology.

§ 4161. Official correspondence of Vice President and Members of Congress.

The Vice President, Members and Members-elect of Congress, the Secretary of the Senate, and the Sergeant at Arms of the Senate until the thirtieth day of June following the expiration of their respective terms of office, may send as franked mail—

(1) matter, not exceeding four pounds in weight, upon official or departmental business, to a Government official; and

(2) correspondence, not exceeding four ounces in weight, upon official business to any person. In the event of a vacancy in the office of Secretary of the Senate or Sergeant at Arms of the Senate, any authorized person may exercise this privilege in the officer's name during the period of the vacancy. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 662.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 327 (Apr. 28, 1904, ch. 1759, § 7, 33 Stat. 441; Mar. 2, 1917, ch. 145, § 36, 39 Stat 963: 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; July 25, 1958, Pub. L. 85-560, § 3(b), 72 Stat. 420).

Because of definition of "Members of Congress" appearing in section 4151 of this title the words "Delegates and delegates elect" and "Resident Commissioner from Puerto Rico" are eliminated. Reference to sending "free through the mails" are omitted in view of section 4167 of this title.

While section 327 does not fix the date upon which the right of a Member of Congress to use the frank on official correspondence will expire, it is the consistent administrative construction that the right to use the frank was to continue for a period of nine months after the expiration of the terms of office of the Members. This conformed to the period of time provided in section 329, title 39, 1952 edition. When the 20th Amendment to the Constitution became effective providing for only one

meeting of Congress every year commencing on January 3, the "9th month" provision in section 329 permitted continuation of the use of the frank only until the 30th day of September following the expiration of the term of Members. In 1957 (see section 4164 of this title) section 329 was amended to provide June 30 as the date upon which the right to use the frank would expire. The date June 30 is used therefore in this section to conform to this history and long standing administration construction.

Changes are made in phraseology.

§ 4162. Public documents.

The Vice President, Members of Congress, the Secretary of the Senate, Sergeant at Arms of the Senate, and the Clerk of the House of Representatives, until the thirtieth day of June following the expiration of their respective terms of office, may send and receive as franked mail all public documents printed by order of Congress. (Pub. L. 86682, Sept. 2, 1960, 74 Stat. 662.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 326 (Jan. 12, 1895, ch. 23, § 85, 28 Stat. 622; June 18, 1934, ch. 606, § 2, 48 Stat. 1018; July 25, 1958, Pub. L. 85-560, § 3(a), 72 Stat. 420).

Because of definition of "Members of Congress" appearing in section 4151, reference to "Senators, Representatives, Delegates and Resident Commissioners" were omitted.

Changes are made in phraseology.

§ 4163. Congressional Record under frank of Members of Congress.

Members of Congress may send as franked mail the Congressional Record, or any part thereof, or speeches or reports therein contained. (Pub. L. 86682, Sept. 2, 1960, 74 Stat. 663.)

HISTORICAL AND REVISION NOTES Based on title 39, U.S.C., 1952 ed., § 325 (Mar. 3, 1875, ch. 128, § 5, 18 Stat. 343; Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352).

Because of definition of "Members of Congress" appearing in section 4151, reference to "delegate" and "Resident Commissioner from Puerto Rico" is omitted. Reference to "free of postage" is omitted in view of section 4167 of this title.

Changes are made in phraseology.

§ 4164. Seeds and reports from Department of Agriculture.

Seeds and agricultural reports emanating from the Department of Agriculture may be mailed-

(1) as penalty mail by the Secretary of Agriculture; and

(2) until the 30th day of June following the expiration of their terms of office as franked mail by Members of Congress.

(Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 663.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 329 (Mar. 3, 1875, ch. 128, § 7, 18 Stat. 343; Sept. 2, 1957, Pub. L. 85-277, 71 Stat. 600).

Reference to passing through the mails "free of charge" was omitted in view of section 4167 of this title. Reference to issuance of regulations by the Postmaster General is omitted. That authority is covered by section 501 of this title.

Changes are made in phraseology.

§ 4165. Mailing privilege of former Presidents.

A former President may send all his mail within the United States and its Territories and possessions

as franked mail. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 663.)

HISTORICAL AND REVISION NOTES

Based on title 3, U.S.C., 1952 ed., § 102(d) note (Aug. 25, 1958, Pub. L. 85-745, § (d), 72 Stat. 838).

This section covers the first sentence of section (d) of the act of August 25, 1958. The second sentence is covered by subsection (b) of section 4167 of this title. § 4166. Lending or permitting use of frank unlawful.

A person entitled to use a frank may not lend it or permit its use by any committee, organization, or association, or permit its use by any person for the benefit or use of any committee, organization, or association. This section does not apply to any committee composed of Members of Congress. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 663.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 335 (June 26, 1906, ch. 3546, 34 Stat. 477; July 25, 1958, Pub. L. 85-560, § 3(c), 72 Stat. 420).

Changes are made in phraseology.

§ 4167. Reimbursement for franked mailings.

(a) The postage on mail matter sent and received through the mails under the franking privilege by the Vice President, Members, and Members-elect of Congress, the Secretary of the Senate, Sergeant at Arms of the Senate, and the Clerk of the House of Representatives, including registry fees if registration is required, shall be paid by a lump-sum appropriation to the legislative branch for that purpose, and credited to the Department as postal

revenue.

(b) The postage on mail matter sent through the mails under the franking privilege by former Presidents shall be paid by reimbursement of the postal revenues each fiscal year out of the general funds of the Treasury in an amount equivalent to the postage which would otherwise be payable on the mail matter. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 663.)

HISTORICAL AND REVISION NOTES

Based on title 3, U.S.C., 1952 ed., § 102(d) note (Aug. 25, 1958, Pub. L. 85-745, § 1(d), 72 Stat. 838); title 39, U.S.C., 1952 ed., § 321-o (Aug. 15, 1953, ch. 511, § 2, 67 Stat. 614).

Section 1 of the Act of August 15, 1953 is covered by section 4156 of this title.

Because of definition of "Members of Congress" appearing in section 4151, the words, "Delegates and delegates-elect" and "Resident Commissioner from Puerto Rico" are omitted.

The first sentence of section (d) of the Act of August 25, 1958, is covered by section 4165 of this title. The second sentence is covered by subsection (b) of this section.

Changes are made in phraseology.

(a) First class mail consists of mailable (1) postal cards, (2) post cards, (3) matter wholly or partially in writing or typewriting, except as provided in sections 4365, 4453, and 4555 of this title, and (4) matter closed against postal inspection.

(b) A postal card is a card supplied by the Department with a postage stamp printed or impressed on it for the transmission of messages, orders, notices and other communications, either printed or written in pencil or ink.

(c) Post cards are privately printed mailing cards for the transmission of messages. They may not be larger than the size fixed by the Convention of the Universal Postal Union in effect and of approximately the same form, quality and weight as postal cards.

(d) Drop letters are letters

(1) mailed for local delivery at post offices where letter carrier service is not established; and (2) neither collected nor delivered by rural or star route carriers.

(Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 663.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 221, 221a, 222, 250, 280, 356, 358a (R.S. 3916; Mar. 3, 1879, ch. 180, §§ 7, 8, 9, 19, 24, 20 Stat. 358, 361; Mar. 3, 1885, ch. 342, § 1, 23 Stat. 386; May 19, 1898, ch. 347, 30 Stat. 419; Oct. 3, 1917, ch. 63, § 1100, 40 Stat. 327; Feb. 24, 1919, ch. 18, § 1401, 40 Stat. 1150; Feb. 28, 1925, ch. 368, §§ 206, 207, 43 Stat. 1067; May 29, 1928, ch. 856, § 1, 45 Stat. 940; June 9, 1930, ch. 415, 46 Stat. 526; June 30, 1941, ch. 183, § 1, 61 Stat. 213; Oct. 30, 1951, ch. 631, title I, § 1, 65 Stat. 672; Mar. 12, 1952, ch. 102, § 1, 66 Stat. 24).

Subsection (a) covers that part of section 221 of title 39, which defines first class mail as "written matter". It also covers the sense of sections 221a and 222 of said title 39. The phrase "any matter closed against postal inspection" is added in view of section 250 of title 39 (see sec. 4058 of this title) which requires first class postage on matter which cannot be easily examined.

The definition in subsection (b) is taken from title 39, section 356. The provisions of that section authorizing the issue of postal cards is covered by section 2503 of this title.

The definition in subsection (c) is taken from title 39, section 358a, which is a codification of the Act of May 19, 1898. The phrase "now in general use in the United States" appearing in the 1898 Act is omitted.

Subsection (d) defines "drop letters". The definition is based on the first sentence of the first proviso in section 280 of title 39. The rate for drop letters is covered by section 4253 of this title. The last sentence of section 280 is covered by section 4054 of this title.

Changes are made in phraseology.

§ 4252. Weight limit.

The maximum weight of first class mail is the same as the maximum limit applicable to fourth class mail. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 664.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 223 (May 18, 1916, ch. 128, § 11, 39 Stat. 162).

The word "maximum" is inserted twice for clarity. The minimum limit of weight on fourth class mail matter is not applicable to first class mail.

Changes are made in phraseology.

§ 4253. Postage rates on first class mail.

(a) Postage on first class mail is computed separately on each letter or piece of mail. The rate of postage on first class mail is five cents for each ounce or fraction of an ounce, except that the rate

(1) on drop letters is four cents for each ounce or fraction of an ounce;

(2) for each single postal card and each portion of a double postal card, including the cost of manufacture, is four cents;

(3) for each post card and the initial portion of each double post card conforming to section 4251 (c) of this title is four cents.

(b) The rate of postage on business reply mail is the regular rate prescribed in subsection (a) of this section together with an additional charge thereon of two cents for each piece weighing two ounces or less and five cents for each piece weighing more than two ounces. The postage and charge shall be collected on delivery. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 664, amended Pub. L. 87-793, § 101, Oct. 11, 1962, 76 Stat. 832.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 280, 203 (Mar. 3, 1879, ch. 180, § 9, 20 Stat. 358; Mar. 3, 1885, ch. 342, § 1, 23 Stat. 386; Oct. 3, 1917, ch. 63, § 1100, 40 Stat. 327; Feb. 24, 1919, ch. 18, § 1401, 40 Stat. 1150; May 29, 1928, ch. 856, § 2, 45 Stat. 940; June 30, 1947, ch. 183, § 1, 61 Stat. 213; Oct. 30, 1951, ch. 631, title I, § 1, 65 Stat. 672; Mar. 12, 1952, ch. 102, 66 Stat. 24; May 27, 1958, Pub. L. 85-426, title II, § 201, 72 Stat. 138; July 25, 1958, Pub. L. 85-560, § 1, 72 Stat. 420).

This section covers the provisions of section 280 except the last sentence and the definition of drop letter which is placed in section 4251 of this title.

The last sentence of 280 is made a part of section 4054 of this title.

The first sentence of subsection (a) is added to clearly show that there is no bulk rate for first class mail.

The portion of section 303 of title 39 prescribing the rate on business reply mail is covered by subsection (b). The portion of section 303 dealing with mailing of business reply mail without prepayment of postage is covered by section 4254 of this title.

Changes are made in phraseology.

AMENDMENTS

1962 Subsec. (a). Pub. L. 87-793, eff. Jan. 7, 1963, substituted "five cents" for "four cents" in the opening provisions, and "four cents" for "three cents" in clauses (1)—(3).

§ 4254. Business reply mail.

The Postmaster may accept for transmission in the mails, without prepayment of postage, business reply cards, letters, and business reply envelopes, and any other matter under business reply labels. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 664.)

22-992 0-64—vol. 2- -66

HISTORICAL AND REVISION NOTES Based on title 39, U.S.C., 1952 ed.. § 303 (May 29, 1928, ch. 856, § 2, 45 Stat. 940; July 25, 1958, Pub. L. 85-560, § 1, 72 Stat. 420).

This section covers the first sentence of section 303 of title 39. The rates prescribed by the second sentence are covered by sections 4253 and 4303 of this title.

Changes are made in phraseology.

Chapter 61.-AIR MAIL AND AIR PARCEL POST Sec.

(1) "domestic air mail" means matter bearing postage at the rates of postage prescribed in sections 4303 and 4304 of this title which is mailed in the United States Postal Service for transportation by air and delivery by the United States Postal Service. (2) "air parcel post" means domestic air mail of (Pub. any class weighing in excess of eight ounces. L. 86-682, Sept. 2, 1960, 74 Stat. 664.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 462, 462a, 469, 475 (Feb. 2, 1925, ch. 128, § 2, 43 Stat. 805; June 12, 1934, ch. 466, § 2(b), 48 Stat. 933; Aug. 14, 1946, ch. 963, § 2, 60 Stat. 1062; June 23, 1938, ch. 601, § 1107(k), 52 Stat. 1029; June 29, 1948, ch. 717, § 1, 62 Stat. 1097).

This definition of domestic air mail is derived from the matter preceding the proviso in section 462a. The proviso is covered by section 4304 of this title.

The definition of air parcel post is derived from section 475 of title 39.

Chapter 13 of title 39 contains three definitions relating to air mail. Section 462 defines air mail as "first class mail" at the special air mail rate: 462a defines "domestic air mail" as embracing "all mailable matter being transported as mail by air"; and section 469 defines air mail as "mail of any class" at the air mail rate when used in relation to sections 463 and 469f of said chapter; section 463 which fixed postage rates is superseded by section 463a and section 469f is an obsolete section dealing with claims on annulled air mail contracts. Changes are made in phraseology.

§ 4302. Treatment of air mail.

(a) Except with respect to the postage required, domestic air mail, other than air parcel post, shall be treated as first class mail.

(b) The Postmaster General shall prescribe the conditions under which air parcel post shall be

(1) forwarded or returned to the sender; (2) charged with forwarding or return postage; and

(3) registered, insured, or given C.O.D. service. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 664.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 462, 475 (Feb. 2, 1925, ch. 128, § 2, 43 Stat. 805; June 29, 1948, ch. 717, § 1, 62 Stat. 1097).

For short-paid mail generally see sections 4109, 4110 of this title.

Subsection (a) is derived from section 462 of title 39. Since only one schedule of rates is applicable to air parcel post, the laws which distinguish as between treatment of the various classes of mail are inappropriate to air parcel post. Paragraph 10 of section 475 of title 39 is intended to cover this situation. This subsection clarifies this situation by stating that the Postmaster General shall provide for the forwarding return and for special services for air parcel post.

§ 4303. Postage rates on air mail.

(a) Except as provided in section 4304 of this title and subsection (b) of this section the rate of postage on domestic air mail weighing not more than eight ounces is eight cents for each ounce or fraction thereof.

(b) The rate of postage on each postal card and post card sent as domestic air mail is six cents.

(c) The rate of postage on letters in business reply envelopes and on business reply cards sent as domestic air mail is the regular rate prescribed in subsection (a) or (b) together with an additional charge thereon of two cents for each piece weighing two ounces or less and five cents for each piece weighing more than two ounces. The postage and charge shall be collected on delivery.

(d) (1) The rates of postage on air parcel post are based on the eight zones established for fourth class mail in accordance with the following table:

(2) The rate of postage on air mail of the first class weighing in excess of eight ounces shall be the rate provided by subsection (a) for each ounce not in excess of eight ounces, plus 5 cents for each ounce or fraction thereof in excess of eight ounces, but in no case less than the rate provided under paragraph (1) for air parcels.

(3) In addition to parcels to which it is otherwise applicable, the eighth zone includes, for purposes of this section only, parcels transported as follows: (A) between the United States, its Territories and possessions or the Commonwealth of Puerto Rico, and the Canal Zone.

(B) between the United States, its Territories and possessions or the Commonwealth of Puerto Rico, and Army and Air Forces post offices and naval vessels and commands, when the address is in care of Fleet Post Offices, New York, New York, or San Francisco, California.

(e) Air parcel post of light weight in relation to size is subject to such surcharge as the Postmaster General determines to be warranted by reason of the extra space and care required in handling and transporting it. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 665, amended Pub. L. 87-793, § 102, Oct. 11, 1962, 76 Stat. 832.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 303, 463a, 475 (May 29, 1928, ch. 856, § 2, 45 Stat. 940; June 29, 1948, ch. 717, § 1, 62 Stat. 1097; July 3, 1948, ch. 830, title II, § 201, 62 Stat. 1261; May 27, 1958, Pub. L. 85-426, title II, § 201, 72 Stat. 138; July 25, 1958, Pub. L. 85-560, § 1, 72 Stat. 420).

Subsections (a) and (b) are taken from section 463a of title 39.

Subsection (d) covers the rate provisions of section 475. Paragraph 11 of said section has expired. It authorized

the Postmaster General to adjust rates of postage and other conditions relating to air parcel post. The rates embodied in this section are taken from Postmaster General's Order No. 43920, dated August 30, 1950, as amended by Order No. 44391, dated October 30, 1950, modifying the rates and certain other conditions in accordance with the authority contained in paragraph 11 of section 475. Paragraph 10 authorizing rules and regulations is covered by sections 501 and 6301 of this title. The maximum size and weight limitations contained in section 475 are covered by section 4305. Section 4302 of this title is also based on this paragraph.

Subsection (d) (2) is based upon the proviso in section 3 of the act of June 29, 1948, chapter 717 (62 Stat. 1098). The portion of section 303 of title 39, prescribing rates of postage on letters in business reply envelopes and on business reply cards is covered by subsection (c) of this section.

The second sentence of section 303 of title 39, prescribing rates of postage on business reply mail, is covered by subsection (c) of this section and by subsection (b) of section 4253 of this title.

Changes are made in phraseology.

AMENDMENTS

1962--Subsec. (a). Pub. L. 87-793, § 102(a)(1), eff. Jan. 7, 1963, substituted "eight cents" for "seven cents." Subsec. (b). Pub. L. 87-793, § 102(a)(2), eff. Jan. 7, 1963, substituted "six cents" for "five cents."

Subsec. (d) (1). Pub. L. 87-793, § 102(a) (3), eff. Jan. 17, 1962, increased rates for first pound over 8 ounces or fraction thereof as follows: zones 1, 2, and 3 from 60 to 68 cents, zone 4 from 65 to 73 cents, zone 5 from 70 to 78 cents, zones 6 and 7 f.om 75 to 83 cents, and zone 8 from 80 to 88 cents.

Subsec. (d) (2). Pub. L. 87-793, § 102(a) (4), eff. Jan. 7, 1963, substituted "shall be at the rate provided by subsection (a) for each ounce not in excess of eight ounces, plus 5 cents for each ounce or fraction thereof in excess of eight ounces, but in no case less than the rate provided under paragraph (1) for air parcels” for “shall be at the rate provided for air parcels, but in no case shall be less than 3 cents an ounce or fraction thereof."

§ 4304. Postage on Alaskan air mail.

Notwithstanding the provisions of section 4303 of this title, the Postmaster General may fix the postage at rates not exceeding 30 cents per ounce or 15 cents per one-half ounce for airmail sent to. from, or within Alaska. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 665.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 462a, 488, 488a (Feb. 21, 1925, ch. 283, 43 Stat. 960; Aug. 24, 1935, ch. 638, 49 Stat. 744; Aug. 20, 1937, ch. 718, 50 Stat. 725; June 23, 1938, ch. 601, § 1107(d), 52 Stat. 1027; Oct. 14, 1940. ch. 879, § 1, 54 Stat. 1175; Aug. 14, 1946, ch. 963, § 2, 60 Stat. 1062).

The first sentence of this section covers the proviso in section 488 and the last sentence of section 488a. The matter in section 488 preceding the proviso is covered by section 6102 and the balance of section 488a is covered by section 6302.

The second sentence of this section is derived from the proviso in section 462a. The matter preceding the proviso is covered by section 4301.

Changes are made in phraseology.

§ 4305. Size and weight limits.

The maximum size and weight of domestic airmail and air parcel post is 100 inches in length and girth combined and 70 pounds. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 665.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 475 (June 28, 1948, ch. 717, § 1, 62 Stat. 1097).

This section is derived from the maximum size and weight limitation contained in section 475.

Changes are made in phraseology.

Second class mail embraces newspapers and other periodical publications when entered and mailed in accordance with sections 4352-4357 of this title. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 666.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1932 ed., § 224 (Mar. 3, 1879, ch. 180, § 10, 20 Stat. 359).

It is unnecessary to include the frequency of the issue of publications since this matter is covered by the sections referred to in the text. See section 4354 of this title.

Changes are made in phraseology.

§ 4352. Entry as second class mail.

(a) Upon application in the form prescribed by him the Postmaster General shall enter as second class mail, at the Post Office where the office of publication is maintained, any publication which is entitled under sections 4353-4357 of this title to be classified as second class mail. A publication entered at one post office may also upon application be entered by him at another post office.

(b) 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. (c) The Postmaster General may not accept for mailing as second class mail any publication having more than 75 per centum advertising in more than one-half of its issues during any twelve-month period and he shall revoke its entry. A charge made solely for the publication of transportation schedules, fares, and related information is not considered

as advertising under this subsection. (Pub. L. 86682, Sept. 2, 1960, 74 Stat. 666.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 226a, 232, 289a, (Mar. 3, 1901, ch. 851, § 1, 31 Stat. 1107; July 7, 1932, ch. 445, 47 Stat. 647; June 26, 1934, ch. 755, 48 Stat. 1224; Oct. 30, 1951, ch. 631, title I, § 2, 65 Stat. 72).

Subsection (a) is based on section 226a of title 39, which requires applications for entry and reentry by prescribing fees for such applications, and conforms to the sense of 18 USC. 17 2 which makes the submission of false evidence relative to a publication a misdemeanor when it is submitted for the purpose of securing the admission of a publication as second class mail matter. The fees set sorth in section 226a are covered by section 4357 of this title.

Subsection (b) is based on title 39, section 232. The provisions are stated in the affirmative rather than in the negative form found in the existing law. The words "reasonable notice to the publisher" are omitted as surplusage in view of provisions of the Administrative Procedure Act (5 U.S.C. 1001 et seq.).

Subsection (c) is based on the first proviso in title 39, section 2891. The rates of postage in section 289a are covered by sections 4358-4360 and 4362 of this title. Changes are made in phraseology.

§ 4353. Entry of foreign publications.

Foreign newspapers and other periodicals of the same general character as domestic publications entered as second class mail may be accepted by the Postmaster General, on application of the publishers thereof or their agents, for transmission through the mail at the same rates as if published in the United States. This section does not authorize the transmission through the mail of a publication which violates a copyright granted by the United States. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 666.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 227 (Mar. 3, 1879, ch. 180, § 15, 20 Stat. 359). Changes are made in phraseology.

§ 4354. Conditions for entry of publications.

(a) Generally a mailable periodical publication is entitled to be entered and mailed as second class mail if it

(1) is regularly issued at stated intervals as frequently as four times a year and bears a date of issue and is numbered consecutively;

(2) is issued from a known office of publication:

(3) is formed of printed sheets;

(4) is originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or a special industry; and

(5) has a legitimate list of subscribers.

(b) For the purpose of this section, the word "printed" does not include reproduction by the stencil, mimeograph or hectograph processes or reproduction in imitation of typewriting.

(c) A periodical publication designed primarily for advertising purposes or for free circulation or for circulation at nominal rates is not entitled to be admitted as second class mail under this section. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 666.) HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 226 (Mar. 3, 1879, ch. 180, § 14, 20 Stat. 359; June 11, 1934, ch. 443, 48 Stat. 928; May 27, 1958, Pub. L. 85-426, title II, § 204, 72 Stat. 138). Changes are made in phraseology.