Appeal of P.S. Docket No. 17/37 -- FRANK MARTINEAU, CAE


 In the Matter of the Petition by	) November 17, 1983 
 					)
 FRANK MARTINEAU, CAE 			)
 Editor and Publisher 			)
 7204 Clarendon Road 			)
 Bethesda, MD 20814-2320		)
					)
 Proposed Revocation of Second-		)
 Class Mail Privileges for		)
 "ASSOCIATION TRENDS"			) P.S. Docket No. 17/37

 APPEARANCE FOR PETITIONER:
 					Frank Martineau
					7204 Clarendon Road
					Bethesda, MD 20814-2320

 APPEARANCE FOR RESPONDENT:
 					Jeffrey H. Zelkowitz, Esq.
					Law Department
					United States Postal Service
					Washington, DC 20260-1143

 BEFORE: Judge Edwin S. Bernstein

INITIAL DECISION

This is an appeal from a July 20, 1983 decision of the General Manager, Domestic Mail Classification Division, Rates and Classification Department, Finance Group revoking second-class mailing privileges for "Association Trends" because issues of the publication did not contain at least 24 pages as required by Domestic Mail Manual § 422.6(a). Petitioner filed a timely appeal. The parties waived a hearing but filed a stipulation of facts and exhibits. On October 28, 1983, Petitioner filed a brief and Respondent filed proposed findings of fact, proposed conclusions of law and a memorandum of points and authorities. All of these have been considered. To the extent indicated, they have been adopted. Otherwise, they have been rejected as irrelevant or not supported by the evidence.

FINDINGS OF FACT AND

CONCLUSIONS OF LAW

1. Association Trends was authorized second-class privileges as a requester publication at the Washington, DC Post Office under Domestic Mail Manual § 422.6. 2. Domestic Mail Manual § 422.6 reads in applicable part:

"A publication, whether circulated free or to subscribers, is eligible for authorization to mail at the rates in 411.21 if it meets the requirements in 421 and all of the following requirements: a. Each issue must contain at least 24 pages;"

3. I find a page to be defined as follows:

"One of the leaves of a book, magazine, newspaper, piece of correspondence, or similar article . . . a single side of one of these leaves . . . Websters Third New Interna tional Dictionary, G & C Merriam Company, 1961.

"1. One side of a leaf of something printed or written, as a book, manuscript, or letter. 2. The entire leaf of such a printed or written thing. 3. A single sheet of paper for writing." The Random House Dictionary of the English Language, Random House, 1967.

These definitions have been generally accepted in court decisions. See: Neal v. Thomas Organ Company, 325 F.2d 978, 982 (9th Cir. 1963), cert. denied, 379 U. S. 328 (1964); Kraft v. Cohen, 32 F. Supp. 821, 823 (E.D. Pa. 1940) rev. on other grounds sub. nom, Krafft v. Cohen, 117 F.2d 579 (3d Cir. 1941).

4. Applying the above definitions, no copy of Association Trends submitted as evidence (Joint Exhibits 2A, 2B, 3, 6, 7, 8, 9, 10, 13, 14) is at least 24 pages.

5. In its July 28, 1983 letter of appeal, Petitioner argued that the 24 page requirement is discriminatory, irrational, serves no valid purpose, is of no benefit to the Postal Service, and fails to consider the distinction between news and advertising publications, the total number of pages published in a month, and number of words or amount of copying on each page. However, as set forth in 39 CFR § 224.1(c)(4)(IV)(B), Administrative Law Judges do not determine the validity of Postal Service regulations. See also: Commodore Business Machines, Inc., P.S. Docket No. 14/95, Initial Decision at 10 (February 17, 1983).

Therefore, the decision revoking Petitioner's second-class mail privileges is proper and the appeal is denied.