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The term "legislation", as used in this subdivision, includes action by the Congress, by any State legislature, by any local council or similar governing body, or by the public in a referendum, initiative, constitutional amendment, or similar procedure. An organization will not fail to meet the operational test merely because it advocates, as an insubstantial part of its activities, the adoption or rejection of legislation.
(ii) An organization is an "action" organization if it participates or intervenes, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office The term “candidate for public office" means an individual who offers himself or is proposed by others, as a contestant for an elective public office, whether such office be national, State, or local. Activities which constitute participation or intervention in a political campaign on behalf of or in opposition to a candidate include, but are not limited to, the publication or distribution of written or printed statements or the making of oral statements on behalf of or in opposition to such a candidate.
(iii) An organization is an "action" organization if it has the following two characteristics: (a) Its main or primary objective or objectives (as distinguished from its incidental or secondary objectives) may be attained only by legislation or a defeat of proposed legislation; and (b) it advocates, or campaigns for, the attainment of such main or primary objective or objectives as distinguished from engaging in nonpartisan analysis, study, or research and making the results thereof available to the public. In determining whether an organization has such characteristics, all the surrounding facts and circumstances, including the articles and all activities of the organization, are to be considered.
(d) Application—(1) Filing. Application on Form 3624, Application to Mail at Special Bulk Third-Class Rates for Qualified Nonprofit Organizations or Associations, must be filed by the organization or association at the post office where mailings will be deposited. The application must include evidence that the organization is nonprofit, and, if available, a certificate of exemption from Federal income tax should accompany the application. An exemption from the payment of Federal income tax is not required in order to qualify for the spe
cial third-class bulk rates. Such exemption will be considered as evidence of qualification for preferred postal rates but will not be controlling in the matter. When an organization submits proof that it has been granted income tax exemption under title 26, United States Code, section 501(c)(3), as a religious, educational, scientific, or charitable (philanthropic) organization; under section 501(c) (5) as an agricultural or labor organization; under section 501(c) (8) as a fraternal organization; or under section 501(c) (19) as a veterans' organization, it will be considered as qualifying for the special third-class rates unless the available evidence discloses some disqualification.
(2) Approval or Denial. The application Form 3624 together with any supporting papers will be sent to the postal services center. (Pending a decision, bulk mailings subject to the minimum per piece charge may be handled in accordance with § 134.5(e).) The postmaster at the postal services center will approve or deny the application. The application Form 3624 and any supporting papers will be returned with the decision to the postmaster where the application was filed for notification of the applicant.
(3) Appeal. The decision of the postmaster at the postal services center may be appealed by the applicant, in writing to the postmaster where the application was filed. The postmaster will forward the appeal to the postal services center. If, after a review of the file, the postmaster at the postal services center is still of the opinion that the organization does not qualify, he shall furnish a statement of the reasons for his denial action to the Finance and Administration Department, Office of Mail Classification. The complete file, including the original application and all supporting papers, should be submitted. The papers will be returned to the postmaster at the postal services center with notification of decision on the appeal.
(e) Temporary mailings. Until final action is taken on the application, postage paid on the mailings may be at the special rates, provided the mailer deposits with the postmaster an amount suficient to cover the additional postage at the higher rates. (See § 134.1(b) (1) and (2).) This deposit will be returned to the mailer if the application is approved. If the application is denied, the deposit will not be returned. The deposit will be converted into postage-due stamps which will be canceled and given to the mailer if no appeal is made. If appeal is made, action concerning the deposit will be deferred.
(f) Revocation. The approval may be revoked if the authorization was given to an organization or association which was not qualified or which becomes unqualified. The postmaster who approved the application will notify the organization of the pending cancellation of the authorization and of the reasons for the cancellation. The organization will be allowed 10 days within which to file a written statement appealing the pending cancellation. If no appeal is filed, the postmaster will cancel the authorization If an appeal is filed, decision on the continuance of the authorization will be made by the Finance and Administration Department, Office of Mail Classification. Notice of the decision will be given the organization through the postmaster. [35 F.R. 19432, Dec. 23, 1970, as amended at 38 F.R. 1566, Jan. 13, 1973] 8 134.6 Permissible additions.
The additions authorized for fourthclass mail in § 135.5(b) are permissible with matter mailed at third-class rates of postage. § 134.7 Enclosures.
(a) Books and catalogs mailed at bulk rates provided by $ 134.1(b) (1). External attachments are not permitted. The covers of a catalog or book for postal purposes are the outermost bound sheets. Only the following specifically named items may be enclosed loose, provided they relate exclusively to the book or catalog they accompany:
(1) A single reply envelope or reply post card, or both.
(2) A single order form.
(3) A printed circular. Circulars fastened securely along the entire bound edge inside the book or catalog by means of paste, stitches, or staples are not loose enclosures.
(4) If no circular is enclosed, a printed price list listing only articles featured in the catalog and showing only the same prices and discounts as the catalog.
(5) An invoice. (See § 135.5(b) (2) of this chapter.)
(6) Samples of merchandise attached to pages.
(b) All other third-class matter. The following are permissible enclosures:
(1) An invoice (see § 135.5(b) (2) of this chapter).
(2) Manuscripts accompanying related proof sheets (see § 135.5(b) (1) (vi) (b) of this chapter). [35 F.R. 19432, Dec. 23, 1970, as amended at 36 F.R. 23385, Dec. 9, 1971] § 134.8 Sealing.
(a) Examination. Third-class mail must be prepared by the mailer so that it can be easily examined. Third-class mail which is not sealed or secured so that it may be handled by machines is not recommended. Mailing of sealed articles at the third-class rates of postage is considered consent by the mailer to postal inspection of the contents.
(b) Marking. All sealed pieces mailed at the single piece third-class postage rate provided for by 8 134.1(a) must be legibly marked, preferably below the postage and above the name of the addressee, with the two words “Third Class.” The marking may be included as a part of a permit imprint, and it may be printed adjacent to the meter stamp by a postage meter, but it may not be printed by a meter slogan or ad plate, The marking will not be considered adequate if it is included as a part of a decorative design or advertisement. Only the markings required by § 134.4(b) (3) need be carried on sealed pieces mailed at the bulk third-class postage rates provided for by g 134.1(b).
PART 135—FOURTH CLASS Sec. 135.1 Rates. 135.2 Classification. 135.3 Weight and size limits. 135.4 Payment of postage. 135.5 Enclosures and additions. 135.6 Enclosures with items mailed at cata
log, special fourth-class and library
rate. 135.7 Sealing. 135.8 Place of mailing.
AUTHORITY: The provisions of this Part 135 issued under 39 U.S.C. 401, 3621.
SOURCE: The provisions of this Part 135 appear at 35 F.R. 19435, Dec. 23, 1970, unless otherwise noted.
(1) Parcels weighing less than 10 pounds, and measuring over 84 inches but not exceeding 100 inches in length and girth combined, are chargeable with a minimum rate equal to that for & 10 pound parcel for the zone to which addressed. See $ 135.3 for size and weight restrictions.
(2) For catalogs weighing up to 10 pounds, see paragraph (b) of this section.
(3) For books and library books, see paragraph (c) and (d) of this section.
(4) For 16-millimeter films, 16millimeter film catalogs and related materials, see paragraphs (c) and (d) of this section.
(5) Gold mailed within Alaska or from Alaska to other States and U.S. possessions: 2 cents each ounce or fraction, regardless of distance.
(b) Catalogs and similar printed advertising matter in bound form having 24 or more pages, at least 22 of which are printed, weighing 16 ounces or more but not exceeding 10 pounds-effective Nov. 14, 1970—(1) Rates for bulk mailings of separately addressed identical pieces in quantities of not less than 300 mailed at one time.
print may be varied so that automatic data processing equipment may be utilized to simultaneously print the address, imprint, and any other information.
(ii) Mailing statement. The mailer must submit with each mailing & statement on Form 3605 showing:
(a) Weight of a single piece.
(6) Number of pieces addressed for delivery in each zone.
(c) Total number of pieces in the mailing.
(d) Number of pounds for delivery in each zone.
(e) Total per piece charge for each zone.
(f) Total pound rate postage for each zone.
(g) Sum of postage at the per piece rate and at the pound rate.
(h) Name and address of mailer and permit number.
(iii) Separation required. The mailer must separate mailing pieces by parcel post zones so that postage may be verified. Mail for each parcel post zone must be further separated and placed in sacks by cities or States of destination in each instance where there are 10 or more pieces for the same post oíce or State, or where five or more catalogs weigh 10 or more pounds. Use No. 3 mail sacks except when greater volume requires the use of No. 2 mail sacks. When there is insufficient volume for a direct sack or a State sack, combine the pieces in sacks for mixed States by parcel post zones. Label each sack to include parcel post zone separation and destination.
(iv) Separations recommended. In addition to the separations required in subdivision (iii) of this subparagraph, it is recommended that the mailer separate the pieces to the finest extent possible in the manner prescribed by $ 134.4(c) of this chapter.
(v) Maximum weight in a sack. The total weight of pieces placed in one sack must not exceed 70 pounds.
(2) Optional handling of bulk mailings of catalogs weighing in excess of 2 pounds when addressed for delivery in local parcel post zone only. Address labels and unaddressed catalogs weighing in excess of 2 pounds, at the option of the maller, may be mailed separately for local deliv
NOTE: The total charge for each bulk mailing shall be the sum of the charges derived by applying the applicable pound rate to the total number of pounds and by apply ing the applicable piece rate to the total number of pieces.
(1) Postage. Postage must be paid by permit imprints. Each imprint must show name of the post office, permit number, and the words “U.S. Postage Paid,” unless the mailer is authorized to use a company permit imprint as provided in g 145.3(c). The words “Bulk Catalog Rate" shall be printed within the permit imprint. The position of the im
ery at the office of mailing subject to all of the following conditions:
(i) The address labels, which may not measure less than 3 by 444 inches, must show the full name and ZIP Code address of the sender and addressee and must be sorted by the mailer to the fourth and fifth digit of the ZIP Code.
(i) Postage must be paid by permit imprints for each label, including labels returned as undeliverable. The imprint may be placed on the catalog or on the label. See $ 145.1(a) of this chapter. The imprints must be prepared in the manner prescribed in subparagraph (1) (i) of this paragraph.
(ii) The mailer must submit with each mailing a statement on Form 3605 showing:
(a) The weight of a single piece.
(b) Total number of pieces in the mailing.
(c) Total number of pounds in the mailing.
(d) Total per piece charge.
(f) Sum of postage at the per piece rate and at the pound rate.
(g) Name and address of mailer and permit number.
(iv) The total weight of pieces placed in sacks, cartons, crates or any other types of containers must not exceed 70 pounds.
(v) The address labels must be sent to the postmaster at the mailing (delivery) office by the mailer.
(vi) Address labels bearing incorrect, nonexistent or any other undeliverable addresses will be corrected or endorsed
to show why they are undeliverable and returned under cover to the mailer. Each envelope shall be rated with postage due at the rate of 10 cents for each address label contained in the envelope. At the request of the mailer, the postmaster will notify the mailer, at mailer's expense and by means specified by mailer, of the number of address labels being returned. The request for notification must accompany the labels. Correctly addressed labels will be held awaiting arrival of the catalogs.
(vii) Catalogs will be deposited at the acceptance point designated by the postmaster. If the number of catalogs deposited is not enough or too many to match the number of address labels, the postmaster will notify the sender, or his designated representative or agent, of the number of catalogs required to complete the delivery or the number in excess. If the additional catalogs are not delivered to the post office within 15 days, the excess address labels will be returned under cover to the mailer. As soon as deliveries are completed, the postmaster will notify the sender or his representative of the number of any excess catalogs on hand. Excess catalogs may be called for by the mailer without charge. Any excess catalogs not called for within 15 days will be returned to sender postage due at the single piece catalog rate.
(3) Single piece rates for individual mailings of catalogs (catalogs mailed at these rates must be marked catalogs) not mailed at bulk catalog rates in § 135.1 (6) (1) effective November 14, 1970:
101 110 119
105 116 127 137