Unpaid and Shortpaid Information-Based Indicia Postage Meters and PC Postage Products, 59494-59496 [E9-27628]
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59494
Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Proposed Rules
Issued in Seattle, Washington, on
November 5, 2009.
Robert E. Henry,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. E9–27663 Filed 11–17–09; 8:45 am]
BILLING CODE 4910–13–P
POSTAL SERVICE
39 CFR Part 111
Unpaid and Shortpaid InformationBased Indicia Postage Meters and PC
Postage Products
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
The Postal Service is revising
the Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM®), to implement revenue
assurance procedures for informationbased indicia (IBI) postage generated
from postage evidencing systems. An
automated process will be implemented
to detect mailpieces with unpaid or
shortpaid IBI postage. This automated
process will supplement and enhance
current procedures.
DATES: We must receive your comments
on or before December 18, 2009.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza SW., Room 3436,
Washington DC 20260–3436. You may
inspect and photocopy all written
comments at USPS Headquarters
Library, 475 L’Enfant Plaza SW., 11th
Floor N, Washington DC, between 9 a.m.
and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: C.
Scot Atkins, 703–280–7841 or Carol A.
Lunkins, 202–268–7262.
SUPPLEMENTARY INFORMATION: This
proposed rule includes mailing
standards for postage printed using IBI
postage meters and PC Postage®
products including postage generated
from Click-N-Ship® service. These
technologies provide convenience and
ease of use for printing and payment of
postage. However, sufficient revenue
assurance procedures and practices
must be implemented to ensure all
required postage is paid.
Postage meters and PC Postage
products are collectively identified as
‘‘postage evidencing systems.’’ A
postage evidencing system is a device or
system of components a customer uses
to print evidence that postage required
for a mailing has been paid. Postage
evidencing systems print indicia, such
as meter imprints or IBI, to indicate
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SUMMARY:
VerDate Nov<24>2008
16:35 Nov 17, 2009
Jkt 220001
postage payment. Mailers print indicia
directly on a mailpiece or on a label that
is affixed to a mailpiece.
Postage meters are devices that allow
download, storage, and accounting of
postage through the device. Meters print
indicia that may be IBI or non-IBI, to
indicate postage payment. IBI are
digitally generated indicia that include
a two-dimensional barcode. PC Postage
products are software-based and
Internet-based solutions for managing
postage accounts and postage payment.
Mailers purchase postage using a
computer and print indicia using
desktop or label printers. PC Postage
products print IBI indicating postage
payment and may print directly onto
mailpieces, shipping labels, and USPSapproved customized labels. PC Postage
products are offered by USPS and
USPS-approved commercial providers.
IBI postage meters and PC Postage
products, available from authorized
providers, allow customers to set up and
manage postage accounts via a secure
host site, purchase postage via a credit
card or automated clearing house (ACH)
transaction, and print postage on
envelopes, shipping labels, or
customized labels for all mail classes
except Periodicals and Bound Printed
Matter.
The Postal Service will use mail
processing equipment and ancillary
information systems to detect and
capture data for mailpieces with unpaid
or shortpaid IBI postage from postage
evidencing systems. The Postal Service
will analyze this data to ensure its
validity and confirm whether sufficient
postage was paid. In cases where
deficient postage is confirmed, the
Postal Service will notify the respective
PC Postage or postage meter provider to
take corrective measures to recover the
appropriate postage.
IBI printed either on a shipping label
or directly on a mailpiece are to be used
as originally printed and are not to be
counterfeited, replicated, duplicated,
falsified, or otherwise modified. In
addition, the IBI postage affixed to a
mailpiece must be equal to or greater
than the amount due for the applicable
price category and associated criteria
such as weight, shape, and zone.
Counterfeiting, replicating, duplicating,
falsifying, or otherwise modifying IBI
and not affixing the applicable amount
of postage result in a loss of revenue for
the Postal Service, because postage is
not paid for the pieces mailed. This
deficiency not only affects the Postal
Service but our customers as well
because rising costs may result in price
adjustments.
USPS® may deny a customer use of a
postage evidencing system in the event
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Fmt 4702
Sfmt 4702
of failure to comply with rules and
regulations contained in the DMM,
submission of false or fictitious
information, and entering a series of
unpaid or shortpaid mailpieces and/or
packages in the mailstream.
As part of the Postal Service’s ongoing
effort to increase effectiveness, enhance
financial control, and reduce costs, an
automated process will be implemented
by using mail processing equipment and
ancillary information systems to detect
and capture unpaid and shortpaid IBI
postage on mailpieces, including pieces
with postage generated from Click-NShip service. This automated process
will supplement and enhance our
current manual process.
Unpaid IBI Postage
Mailpieces with unpaid IBI postage
are those for which postage is not paid
due to the use of counterfeited,
replicated, duplicated, falsified, or
otherwise modified IBI.
Shortpaid IBI Postage
Mailpieces with shortpaid postage are
those for which the total of the postage
affixed to a mailpiece is not equal to or
greater than the amount due for the
applicable price category and associated
criteria such as weight, shape, and zone.
The Postal Service will analyze
captured data to verify its validity and
use this information to identify cases
where unpaid or shortpaid IBI postage
exist. Any mailpiece identified with an
unpaid or shortpaid IBI may be subject
to the following actions: Collection of
the unpaid or shortpaid postage, debit
from the customer’s account, revocation
of the customer’s account privileges,
and/or civil and criminal fines and
penalties pursuant to existing federal
law. Customers will work with their PC
Postage or postage meter providers to
address shortpaid and unpaid IBI
postage disputes and appeals. The PC
Postage or postage meter provider will
work with the Postal Service to resolve
such appeals.
Although we are exempt from the
notice and comment requirements of the
Administrative Procedure Act [5 U.S.C
of 553(b), (c)] regarding proposed
rulemaking by 39 U.S.C. 410 (a), we
invite public comments on the
following proposed revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
proposed to be amended as follows:
E:\FR\FM\18NOP1.SGM
18NOP1
Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Proposed Rules
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
*
604
*
Postage Payment Methods
*
*
*
*
*
*
*
4.0 Postage Meters and PC Postage
Products (‘‘Postage Evidencing
Systems’’)
4.1
Basic Information
*
*
4.1.2
*
*
*
Product Categories
* * * The primary characteristics of
postage meters and PC Postage products
are described below.
*
*
*
*
*
[Revise item ‘‘b’’ of 4.1.2 as follows:]
b. PC Postage products are softwarebased and Internet-based solutions for
managing postage accounts and postage
payment. Mailers purchase postage
using a computer and print indicia
using desktop or label printers. PC
Postage products print informationbased indicia (IBI) indicating postage
payment and may print directly onto
mailpieces, shipping labels, and USPSapproved customized labels. PC Postage
products are offered by the USPS and
USPS-approved commercial providers.
PC Postage products are typically
offered by providers through
subscription service agreements. Some
components of PC Postage systems may
be purchased as authorized by the
USPS.
[Delete item ‘‘c’’ of 4.1.2 in its
entirety.]
*
*
*
*
*
4.2 Authorization To Use Postage
Evidencing Systems
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*
*
*
*
*
[Revise title and text of 4.2.4 as
follows:]
4.2.4
Denial of Authorization To Use
USPS may deny use of a postage
evidencing system in the event of failure
to comply with rules and regulations
contained in the DMM, submission of
false or fictitious information, and for
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16:35 Nov 17, 2009
Jkt 220001
4.3
Postage Payment
4.3.1
Paying for Postage
[Revise the first sentence of 4.3.1 as
follows:]
The value of the postage indicia on
each mailpiece must be equal to or
greater than the amount due for the
applicable price category and associated
criteria such as weight, shape, and zone
or another amount permitted by mailing
standards to qualify for existing prices.
* * *
*
*
*
*
*
[Add new 4.3.6, Shortpaid
Information-based Indicia as follows:]
600 Basic Standards for All Mailing
Services
*
entering a series of unpaid or shortpaid
mailpieces and/or packages in the
mailstream. The customer must make
the postage evidencing system and
transaction records available and
surrender the system to the provider,
the USPS, or the USPS agent when
notified to do so.
*
*
*
*
*
4.3.6 Shortpaid Information-Based
Indicia
Mailpieces bearing shortpaid
information-based indicia (IBI) postage
are those for which the postage
indicated in the IBI is not equal to or
greater than the postage for the
applicable price category and associated
criteria such as weight, shape, and zone.
Mailpieces bearing shortpaid IBI postage
are treated as having insufficient
postage (see 8.1.8). Customers who
repeatedly deposit mail with shortpaid
postage will be subject to revocation of
the privilege to use a postage evidencing
system.
[Add new 4.3.7, Unpaid Informationbased Indicia as follows:]
4.3.7 Unpaid Information-Based
Indicia
Mailpieces bearing unpaid
information-based indicia (IBI) are those
for which postage is not paid due to the
use of counterfeited, replicated,
duplicated, falsified, or otherwise
modified IBI. Counterfeited, replicated,
duplicated, falsified, or otherwise
modified IBI are not acceptable as
payment of postage and are treated as
omitted postage (see 8.2.3). Customers
who repeatedly deposit mail with forms
of nonpayment will be subject to
revocation of the privilege to use a
postage evidencing system.
*
*
*
*
*
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59495
8.0
Insufficient or Omitted Postage
8.1
Insufficient Postage
8.1.1
Definition
[Revise the first sentence of 8.1.1 by
adding a reference to information-based
indicia as follows:]
Except Express Mail, Registered Mail,
nonmachinable First-Class Mail, and
mail paid with information-based
indicia (IBI), all other mail that is
received at either the office of mailing
or office of address without enough
postage is marked to show the total
(rounded off) deficiency of postage and
fees due.* * *
*
*
*
*
*
[Add new 8.1.8, Information-based
Indicia Mailpieces With Insufficient
Postage as follows:]
8.1.8 Information-Based Indicia
Mailpieces With Insufficient Postage
The total of the postage affixed to a
mailpiece must be equal to or greater
than the amount due for the applicable
price category and associated criteria
such as weight, shape, and zone. When
USPS determines during any phase of
processing that mailpieces bearing an
information-based indicia (IBI) are
shortpaid mailpieces, the Postal Service
will notify the respective PC Postage or
postage meter provider to take necessary
actions to recover revenue loss for the
total amount of postage due from the
customer’s PC Postage or postage meter
account. The customer may appeal the
decision through the PC Postage or
postage meter provider. If the customer
repeatedly deposits mailings with
shortpaid postage, the PC Postage or
postage meter account privileges may be
revoked and/or the customer may be
subject to the applicable civil and
criminal fines and penalties pursuant to
existing Federal law.
8.2
Omitted Postage
8.2.1 Handling Mail With Omitted
Postage
[Revise the first sentence of 8.2.1 by
adding a reference to information-based
indicia as follows:]
Except mail paid with informationbased indicia, mail of any class and/or
indicating extra services that is received
at either the office of mailing or office
of address without postage is endorsed
‘‘Returned for Postage’’ and is returned
to the sender without an attempt at
delivery. * * *
*
*
*
*
*
[Add new 8.2.3, Handling Mail With
Unpaid Information-based Indicia as
follows:]
E:\FR\FM\18NOP1.SGM
18NOP1
59496
Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Proposed Rules
8.2.3 Handling Mail With Unpaid
Information-Based Indicia
The total of the postage affixed to a
mailpiece must be equal to or greater
than the amount due for the applicable
price category and associated criteria
such as weight, shape, and zone. When
the USPS determines during any phase
of processing that mailpieces bearing an
information-based indicia (IBI) are
unpaid due to the use of counterfeited,
replicated, duplicated, falsified, or
otherwise modified IBI, the USPS will
notify the PC Postage or postage meter
provider to take necessary actions to
reclaim revenue loss for the total
amount of omitted postage. The
customer may appeal the decision
through their PC Postage or postage
meter provider. The PC Postage or
postage meter account may be revoked
and/or the customer may be subject to
applicable civil and criminal fines and
penalties pursuant to existing Federal
law.
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if our proposal is
adopted.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9–27628 Filed 11–17–09; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0470; FRL–8978–2]
Approval and Promulgation of Air
Quality Implementation Plans;
California; Motor Vehicle Inspection
and Maintenance Program; Proposed
Rule—Notice of Data Availability and
Request for Comment
sroberts on DSKD5P82C1PROD with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of data availability
(NODA) and request for comment.
SUMMARY: The EPA is providing notice
that it has placed in the docket for the
proposed rulemaking concerning
California’s June 5, 2009 Motor Vehicle
Inspection and Maintenance (I/M)
program submittal additional modeling
data relevant to the proposed
rulemaking, published on August 19,
2009. The August 19, 2009 notice
established a 30-day comment period on
EPA’s proposal, which ended on
September 18, 2009. EPA is reopening
the comment period to end on
VerDate Nov<24>2008
16:35 Nov 17, 2009
Jkt 220001
December 2, 2009. The purpose of this
notice is to provide the public an
opportunity to review and comment on
the additional modeling data, which
were described in the proposed
rulemaking notice and are further
described below.
Readers should note that only
comments about the new modeling data
discussed in this document and related
issues will be considered during the
comment period. Issues related to the
August 19, 2009 proposed rule that are
not directly affected by the data
referenced in this Notice of Data
Availability are not open for further
comment.
DATES: EPA will accept comments on
the modeling data and related issues
until December 2, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2009–0470, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: buss.jeffrey@epa.gov.
3. Mail or deliver: Jeffrey Buss (Air-2),
U.S. Environmental Protection Agency
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
The https://www.regulations.gov portal is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send e-mail directly to EPA
without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disc or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
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Sfmt 4702
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, EPA Region IX, (415) 947–
4152, buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA.
On August 19, 2009 (74 FR 41818),
EPA proposed to approve state
implementation plan (SIP) revisions
submitted by the California Air
Resources Board (CARB) on June 5,
2009 relating to the State’s basic and
enhanced vehicle I/M program (‘‘2009
I/M Revision’’) contingent upon
California’s submittal of revisions to the
enhanced program performance
standard evaluations to address a
different attainment year for the
Western Mojave Desert 8-hour ozone
nonattainment area and to address
California’s base-year program
performance.
As explained in the August 19, 2009
proposal, these revisions to California’s
enhanced program performance
standard evaluation were necessary for
two reasons. First, the submitted
performance modeling evaluation for
the Western Mojave Desert 8-hour ozone
nonattainment area was based on the
State’s choice of 2020 as the horizon
year, based on the attainment deadline
for 8-hour ozone nonattainment areas
classified as ‘‘severe-17.’’ 1 Because EPA
interprets CAA section 181(b)(3) as
disallowing state requests to reclassify
ozone nonattainment areas to ‘‘severe17,’’ we noted that the State must
submit a revised modeling evaluation
1 By letter dated February 14, 2008, CARB
requested reclassification of the Western Mojave
Desert 8-hour ozone nonattainment area to ‘‘severe17.’’ Western Mojave Desert is currently classified
as a ‘‘moderate’’ nonattainment area for the 8-hour
ozone standard. 40 CFR 81.305.
E:\FR\FM\18NOP1.SGM
18NOP1
]]>Agencies
[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Proposed Rules]
[Pages 59494-59496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27628]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Unpaid and Shortpaid Information-Based Indicia Postage Meters and
PC Postage Products
AGENCY: Postal Service\TM\.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising the Mailing Standards of the
United States Postal Service, Domestic Mail Manual (DMM[supreg]), to
implement revenue assurance procedures for information-based indicia
(IBI) postage generated from postage evidencing systems. An automated
process will be implemented to detect mailpieces with unpaid or
shortpaid IBI postage. This automated process will supplement and
enhance current procedures.
DATES: We must receive your comments on or before December 18, 2009.
ADDRESSES: Mail or deliver written comments to the Manager, Mailing
Standards, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 3436,
Washington DC 20260-3436. You may inspect and photocopy all written
comments at USPS Headquarters Library, 475 L'Enfant Plaza SW., 11th
Floor N, Washington DC, between 9 a.m. and 4 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: C. Scot Atkins, 703-280-7841 or Carol
A. Lunkins, 202-268-7262.
SUPPLEMENTARY INFORMATION: This proposed rule includes mailing
standards for postage printed using IBI postage meters and PC
Postage[supreg] products including postage generated from Click-N-
Ship[supreg] service. These technologies provide convenience and ease
of use for printing and payment of postage. However, sufficient revenue
assurance procedures and practices must be implemented to ensure all
required postage is paid.
Postage meters and PC Postage products are collectively identified
as ``postage evidencing systems.'' A postage evidencing system is a
device or system of components a customer uses to print evidence that
postage required for a mailing has been paid. Postage evidencing
systems print indicia, such as meter imprints or IBI, to indicate
postage payment. Mailers print indicia directly on a mailpiece or on a
label that is affixed to a mailpiece.
Postage meters are devices that allow download, storage, and
accounting of postage through the device. Meters print indicia that may
be IBI or non-IBI, to indicate postage payment. IBI are digitally
generated indicia that include a two-dimensional barcode. PC Postage
products are software-based and Internet-based solutions for managing
postage accounts and postage payment. Mailers purchase postage using a
computer and print indicia using desktop or label printers. PC Postage
products print IBI indicating postage payment and may print directly
onto mailpieces, shipping labels, and USPS-approved customized labels.
PC Postage products are offered by USPS and USPS-approved commercial
providers.
IBI postage meters and PC Postage products, available from
authorized providers, allow customers to set up and manage postage
accounts via a secure host site, purchase postage via a credit card or
automated clearing house (ACH) transaction, and print postage on
envelopes, shipping labels, or customized labels for all mail classes
except Periodicals and Bound Printed Matter.
The Postal Service will use mail processing equipment and ancillary
information systems to detect and capture data for mailpieces with
unpaid or shortpaid IBI postage from postage evidencing systems. The
Postal Service will analyze this data to ensure its validity and
confirm whether sufficient postage was paid. In cases where deficient
postage is confirmed, the Postal Service will notify the respective PC
Postage or postage meter provider to take corrective measures to
recover the appropriate postage.
IBI printed either on a shipping label or directly on a mailpiece
are to be used as originally printed and are not to be counterfeited,
replicated, duplicated, falsified, or otherwise modified. In addition,
the IBI postage affixed to a mailpiece must be equal to or greater than
the amount due for the applicable price category and associated
criteria such as weight, shape, and zone. Counterfeiting, replicating,
duplicating, falsifying, or otherwise modifying IBI and not affixing
the applicable amount of postage result in a loss of revenue for the
Postal Service, because postage is not paid for the pieces mailed. This
deficiency not only affects the Postal Service but our customers as
well because rising costs may result in price adjustments.
USPS[supreg] may deny a customer use of a postage evidencing system
in the event of failure to comply with rules and regulations contained
in the DMM, submission of false or fictitious information, and entering
a series of unpaid or shortpaid mailpieces and/or packages in the
mailstream.
As part of the Postal Service's ongoing effort to increase
effectiveness, enhance financial control, and reduce costs, an
automated process will be implemented by using mail processing
equipment and ancillary information systems to detect and capture
unpaid and shortpaid IBI postage on mailpieces, including pieces with
postage generated from Click-N-Ship service. This automated process
will supplement and enhance our current manual process.
Unpaid IBI Postage
Mailpieces with unpaid IBI postage are those for which postage is
not paid due to the use of counterfeited, replicated, duplicated,
falsified, or otherwise modified IBI.
Shortpaid IBI Postage
Mailpieces with shortpaid postage are those for which the total of
the postage affixed to a mailpiece is not equal to or greater than the
amount due for the applicable price category and associated criteria
such as weight, shape, and zone.
The Postal Service will analyze captured data to verify its
validity and use this information to identify cases where unpaid or
shortpaid IBI postage exist. Any mailpiece identified with an unpaid or
shortpaid IBI may be subject to the following actions: Collection of
the unpaid or shortpaid postage, debit from the customer's account,
revocation of the customer's account privileges, and/or civil and
criminal fines and penalties pursuant to existing federal law.
Customers will work with their PC Postage or postage meter providers to
address shortpaid and unpaid IBI postage disputes and appeals. The PC
Postage or postage meter provider will work with the Postal Service to
resolve such appeals.
Although we are exempt from the notice and comment requirements of
the Administrative Procedure Act [5 U.S.C of 553(b), (c)] regarding
proposed rulemaking by 39 U.S.C. 410 (a), we invite public comments on
the following proposed revisions to Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), incorporated by
reference in the Code of Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is proposed to be amended as follows:
[[Page 59495]]
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414,
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633,
and 5001.
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM) as follows:
* * * * *
600 Basic Standards for All Mailing Services
* * * * *
604 Postage Payment Methods
* * * * *
4.0 Postage Meters and PC Postage Products (``Postage Evidencing
Systems'')
4.1 Basic Information
* * * * *
4.1.2 Product Categories
* * * The primary characteristics of postage meters and PC Postage
products are described below.
* * * * *
[Revise item ``b'' of 4.1.2 as follows:]
b. PC Postage products are software-based and Internet-based
solutions for managing postage accounts and postage payment. Mailers
purchase postage using a computer and print indicia using desktop or
label printers. PC Postage products print information-based indicia
(IBI) indicating postage payment and may print directly onto
mailpieces, shipping labels, and USPS-approved customized labels. PC
Postage products are offered by the USPS and USPS-approved commercial
providers. PC Postage products are typically offered by providers
through subscription service agreements. Some components of PC Postage
systems may be purchased as authorized by the USPS.
[Delete item ``c'' of 4.1.2 in its entirety.]
* * * * *
4.2 Authorization To Use Postage Evidencing Systems
* * * * *
[Revise title and text of 4.2.4 as follows:]
4.2.4 Denial of Authorization To Use
USPS may deny use of a postage evidencing system in the event of
failure to comply with rules and regulations contained in the DMM,
submission of false or fictitious information, and for entering a
series of unpaid or shortpaid mailpieces and/or packages in the
mailstream. The customer must make the postage evidencing system and
transaction records available and surrender the system to the provider,
the USPS, or the USPS agent when notified to do so.
* * * * *
4.3 Postage Payment
4.3.1 Paying for Postage
[Revise the first sentence of 4.3.1 as follows:]
The value of the postage indicia on each mailpiece must be equal to
or greater than the amount due for the applicable price category and
associated criteria such as weight, shape, and zone or another amount
permitted by mailing standards to qualify for existing prices. * * *
* * * * *
[Add new 4.3.6, Shortpaid Information-based Indicia as follows:]
4.3.6 Shortpaid Information-Based Indicia
Mailpieces bearing shortpaid information-based indicia (IBI)
postage are those for which the postage indicated in the IBI is not
equal to or greater than the postage for the applicable price category
and associated criteria such as weight, shape, and zone. Mailpieces
bearing shortpaid IBI postage are treated as having insufficient
postage (see 8.1.8). Customers who repeatedly deposit mail with
shortpaid postage will be subject to revocation of the privilege to use
a postage evidencing system.
[Add new 4.3.7, Unpaid Information-based Indicia as follows:]
4.3.7 Unpaid Information-Based Indicia
Mailpieces bearing unpaid information-based indicia (IBI) are those
for which postage is not paid due to the use of counterfeited,
replicated, duplicated, falsified, or otherwise modified IBI.
Counterfeited, replicated, duplicated, falsified, or otherwise modified
IBI are not acceptable as payment of postage and are treated as omitted
postage (see 8.2.3). Customers who repeatedly deposit mail with forms
of nonpayment will be subject to revocation of the privilege to use a
postage evidencing system.
* * * * *
8.0 Insufficient or Omitted Postage
8.1 Insufficient Postage
8.1.1 Definition
[Revise the first sentence of 8.1.1 by adding a reference to
information-based indicia as follows:]
Except Express Mail, Registered Mail, nonmachinable First-Class
Mail, and mail paid with information-based indicia (IBI), all other
mail that is received at either the office of mailing or office of
address without enough postage is marked to show the total (rounded
off) deficiency of postage and fees due.* * *
* * * * *
[Add new 8.1.8, Information-based Indicia Mailpieces With
Insufficient Postage as follows:]
8.1.8 Information-Based Indicia Mailpieces With Insufficient Postage
The total of the postage affixed to a mailpiece must be equal to or
greater than the amount due for the applicable price category and
associated criteria such as weight, shape, and zone. When USPS
determines during any phase of processing that mailpieces bearing an
information-based indicia (IBI) are shortpaid mailpieces, the Postal
Service will notify the respective PC Postage or postage meter provider
to take necessary actions to recover revenue loss for the total amount
of postage due from the customer's PC Postage or postage meter account.
The customer may appeal the decision through the PC Postage or postage
meter provider. If the customer repeatedly deposits mailings with
shortpaid postage, the PC Postage or postage meter account privileges
may be revoked and/or the customer may be subject to the applicable
civil and criminal fines and penalties pursuant to existing Federal
law.
8.2 Omitted Postage
8.2.1 Handling Mail With Omitted Postage
[Revise the first sentence of 8.2.1 by adding a reference to
information-based indicia as follows:]
Except mail paid with information-based indicia, mail of any class
and/or indicating extra services that is received at either the office
of mailing or office of address without postage is endorsed ``Returned
for Postage'' and is returned to the sender without an attempt at
delivery. * * *
* * * * *
[Add new 8.2.3, Handling Mail With Unpaid Information-based Indicia
as follows:]
[[Page 59496]]
8.2.3 Handling Mail With Unpaid Information-Based Indicia
The total of the postage affixed to a mailpiece must be equal to or
greater than the amount due for the applicable price category and
associated criteria such as weight, shape, and zone. When the USPS
determines during any phase of processing that mailpieces bearing an
information-based indicia (IBI) are unpaid due to the use of
counterfeited, replicated, duplicated, falsified, or otherwise modified
IBI, the USPS will notify the PC Postage or postage meter provider to
take necessary actions to reclaim revenue loss for the total amount of
omitted postage. The customer may appeal the decision through their PC
Postage or postage meter provider. The PC Postage or postage meter
account may be revoked and/or the customer may be subject to applicable
civil and criminal fines and penalties pursuant to existing Federal
law.
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes if our proposal is adopted.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9-27628 Filed 11-17-09; 8:45 am]
BILLING CODE 7710-12-P
