Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems; Customized Postage Products, 1294-1296 [2016-31856]

Download as PDF mstockstill on DSK3G9T082PROD with PROPOSALS 1294 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules organization in writing that such organization has been designated as an ecclesiastical endorsing organization. The designation will be for a period of 3 years from the date of notification. Once an organization is designated as an ecclesiastical endorsing organization, VA will accept ecclesiastical endorsements from that organization without requiring any further documentation from the organization during the 3 year period, unless VA receives evidence that an organization no longer meets the requirements of this section. VA will only take action on an initial request to designate an ecclesiastical endorsing official when VA receives an application from an individual who is seeking employment as a VA chaplain or is seeking to be engaged under VA contract or appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405. (f) Reporting requirement. (1) To certify that VA chaplains continue to be endorsed by an ecclesiastical endorsing organization, such organization must provide VA an alphabetical listing of individuals who are endorsed by that endorsing organization and are employed as VA chaplains or are engaged by VA under contract or appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405 by January 1 of every calendar year. (2) In order for VA to continue to recognize an ecclesiastical endorsing organization, such organization must provide written documentation that it continues to meet the requirements of this section every 3 years. (g) Rescission of ecclesiastical endorsing organization. VA may rescind an organization’s status as an ecclesiastical endorsing organization and refuse to accept ecclesiastical endorsements from such organization if it no longer meets the requirements of paragraph (c) of this section. VA will take the following steps before it rescinds the organization’s status: (1) VA will give the ecclesiastical endorsing organization written notice stating the reasons for the rescission and give the organization 60 days to provide a written reply addressing VA’s concerns. (2) VA will notify the ecclesiastical endorsing organization and all VA chaplains endorsed by the organization in writing of its decision after VA reviews the evidence provided by the organization or after the 60 day time period has expired, whichever comes first. (3) Ecclesiastical endorsing organizations that are notified that they may no longer endorse individuals for VA chaplaincy because they do not VerDate Sep<11>2014 20:07 Jan 04, 2017 Jkt 241001 meet the requirements of paragraph (c) of this section must resubmit all of the evidence stated in paragraph (d) of this section in order to be reconsidered as an endorsing organization. (4) If an ecclesiastical endorsing organization is no longer able to endorse individuals for VA chaplaincy in accordance with this section, all ecclesiastical endorsements issued by that organization are considered to be withdrawn. [FR Doc. 2016–31949 Filed 1–4–17; 8:45 am] BILLING CODE 8320–01–P POSTAL SERVICE 39 CFR Part 501 Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems; Customized Postage Products Postal Service. Proposed rule. AGENCY: ACTION: The Postal Service proposes to amend its Postage Evidencing Systems regulations to add standardized requirements for the authorization to produce Customized Postage products, a Special Service approved by the Postal Regulatory Commission. Customized Postage products are provided through authorized Postage Evidencing System manufacturer-distributors or through companies affiliated with authorized Postage Evidencing System manufacturer-distributors and approved by the Postal Service. During the development of this service, the requirements for authorization to produce Customized Postage products have been described in Federal Register notices and in individual approval letters issued to providers. These amendments would give regulatory form to the existing requirements for authorization to produce Customized Postage products, and incorporate procedures for the protection of Postal Service business interests. DATES: Comments must be received on or before February 6, 2017. ADDRESSES: Mail or deliver written comments to the Manager, Payment Technology, U.S. Postal Service®, 475 L’Enfant Plaza SW., Room 3500, Washington, DC 20260. You may inspect and photocopy all written comments at the Payment Technology office by appointment only between the hours of 9 a.m. and 4 p.m., Monday through Friday by calling 1–202–268– 7613 in advance. Email and faxed comments are not accepted. SUMMARY: PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Christy Noel, Legal Policy & Legislative Advice, U.S. Postal Service, (202) 268– 3484. SUPPLEMENTARY INFORMATION: The Postal Reorganization Act authorizes the Postal Service to provide such evidence of postage payment ‘‘as may be necessary or desirable.’’ 39 U.S.C. 404(a)(4). The Postal Service exercises this authority through 39 CFR part 501, which protects postal revenues by regulation of manufacturer-distributors of Postage Evidencing Systems. Customized Postage products were developed through market tests allowing Authorized Postage Evidencing System providers to combine evidence of prepayment of postage with a customerselected or customer-provided graphic image for printing and fulfillment. See, 70 FR 21821 (April 27, 2005); 71 FR 12718 (March 13, 2006). Subsequently, Customized Postage products were approved as a Special Service by the Postal Regulatory Commission. See, 75 FR 11452, 11459 (March 11, 2010). These proposed amendments to 39 CFR 501 would create standardized definitions, requirements, and procedures applicable to the authorization to provide Customized Postage products, and incorporate protections for the Postal Service’s legal, financial, or brand interests. Existing providers of Customized Postage products would be able to continue provision of Customized Postage products for the remainder of the product year in accordance with these revisions upon their effective date, and subject to any requirements set forth in individual authorization letters. Alternatively, existing providers would be able to discontinue provision of Customized Postage products and request a refund from the Postal Service of their annual fee, pro-rated for the remainder of the product year. List of Subjects in 39 CFR Part 501 Administrative practice and procedure. Accordingly, for the reasons discussed above, the Postal Service proposes to amend 39 CFR part 501 as follows: PART 501—AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS 1. The authority citation for 39 CFR part 501 continues to read as follows: ■ Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95– 452, as amended); 5 U.S.C. App. 3. E:\FR\FM\05JAP1.SGM 05JAP1 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules 2. In § 501.1, revise paragraph (d) and add paragraph (h) to read as follows: ■ § 501.1 * 501.1 * Definitions. * * * Definitions. * * * * * (d) A provider is: (1) A person or entity authorized under this section to manufacture or distribute Postage Evidencing Systems to customers; or (2) A company that is: (i) Affiliated under conditions respecting postage revenue security with a person or entity authorized under this section to manufacture or distribute Postage Evidencing Systems to customers; and (ii) Authorized by the Postal Service to produce Customized Postage products in accordance with this section and subject to all procedures and regulations set forth throughout this section and to any additional requirements set forth in individual approval letters. * * * * * (h) Customized Postage products are products combining barcode indicia of postage payment with digital, graphic, or pictorial images or text. Customers select or provide images or text that meet Eligibility Criteria established by the Postal Service, and the image or text is combined with the barcode indicia by providers and printed under controlled conditions for mailing to customers. ■ 3. In § 501.6, remove the term ‘‘PT’’ wherever it appears and add in its place the term ‘‘the Postal Service’’; and revise paragraph (a), the final sentence of paragraph (b), paragraph (c)(1), and paragraph (f) to read as follows: mstockstill on DSK3G9T082PROD with PROPOSALS § 501.6 Suspension and Revocation of Authorization. (a) The Postal Service may suspend or revoke authorization to manufacture or distribute any or all of a provider’s approved Postage Evidencing Systems, or to produce Customized Postage products, if the provider engages in any unlawful scheme or enterprise; fails to comply with any provision in this Part 501, or any provision in an individual approval letter; fails to implement instructions issued in accordance with any final decision issued by the Postal Service within its authority over Postage Evidencing Systems or Customized Postage products; or if the Postage Evidencing Systems, Customized Postage products, or infrastructure of the provider is determined to constitute an unacceptable risk to Postal Service business interests, including legal, financial, or brand interests. VerDate Sep<11>2014 20:07 Jan 04, 2017 Jkt 241001 (b) * * * Before determining that a provider’s authorization to manufacture or distribute Postage Evidencing Systems or to produce Customized Postage products should be suspended or revoked, the procedures in paragraph (c) of this section shall be followed. (c)(1) Suspension or revocation procedures: Upon determination by the Postal Service that a provider is in violation of a provision of this part, or that its Postage Evidencing System or Customized Postage products pose an unacceptable risk to Postal Service business interests, including legal, financial, or brand interests, the Postal Service shall issue a written notice of proposed suspension citing the specific conditions or deficiencies for which suspension may be imposed. Except in cases of willful violation, the provider shall be given an opportunity to correct deficiencies and achieve compliance within a time limit corresponding to the potential risk to Postal Service business interests. * * * * * (f) An order or final decision under this section does not preclude any other remedy that is available by law to the Postal Service, the United States, or any other person or entity. ■ 4. In § 501.7(c), in the first sentence, remove the words ‘‘postal evidencing system’’ and add in their place the words ‘‘postage meter’’. ■ 5. Revise § 501.13 to read as follows: § 501.13 False Representations of Postal Service Actions. Providers, their agents, and employees must not misrepresent to customers of the Postal Service any decisions, actions, or proposed actions of the Postal Service respecting its regulation of Postage Evidencing Systems or Customized Postage products. The Postal Service reserves the right pursuant to § 501.6 to suspend or revoke the authorization to manufacture or distribute Postage Evidencing Systems or to produce Customized Postage when it determines that the provider, its agents, or employees failed to comply with this section. ■ 6. Add § 501.21 to read as follows: § 501.21 Customized Postage Products. (a) Eligibility Criteria. The Postal Service reserves the right to determine independently whether any image, text, or category of images or texts meets any of the Eligibility Criteria contained in this section. To be eligible for use in Customized Postage products, images and/or text must meet criteria established by the Postal Service, which are: PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 1295 (1) Images or text must not contain: (i) Any image or text the customer or provider does not have the right to use either directly or under license, including but not limited to images or text that may be the subject of third party rights such as copyright, trademarks, or rights of publicity or privacy; (ii) Any depiction of alcohol; tobacco; controlled substances, including but not limited to marijuana; gambling; or firearms or other weapons; (iii) Any depiction of political, religious, violent or sexual content, including content not suitable for minors; or (iv) Any depiction of any other subject matter prohibited for display under U.S. law. (2) Images or text must be ‘‘commercial’’ or ‘‘social,’’ as defined below: (i) Commercial means intended for no other purpose than the sale of goods or services in commerce. (ii) Social means promoting or depicting people, animals, items, or events commonly associated with friendly relations or companionship and likely to generate invitations, announcements, notices, thank you notes, RSVPs, or similar correspondence. (b) Customized Postage provider authorization is conditioned on the following requirements: (1) Use of Eligibility Criteria in purchases. Providers must use only the Eligibility Criteria set forth in paragraph (a) of this subsection in providing or accepting images and/or text for Customized Postage products. Providers may not use any other eligibility criteria, represent the use of any other eligibility criteria to customers, or otherwise give the appearance that any eligibility criteria other than the Eligibility Criteria set forth in paragraph (a) of this subsection apply to purchases of Customized Postage products. (2) Use of Eligibility Criteria in promotional material. Providers must ensure that any images and/or text used in providing or promoting Customized Postage products, for individual sale or as part of a category of images and/or text provided or made available for customer selection, displayed on provider Web sites or in any medium, including without limitation exemplars, ordering templates, customization options, or customer correspondence: (i) Are fully compatible with the Eligibility Criteria set forth in paragraph (a) of this subsection; and (ii) Do not give the appearance that images that are not fully compatible with the Eligibility Criteria set forth in E:\FR\FM\05JAP1.SGM 05JAP1 1296 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules paragraph (a) of this subsection are available or offered for purchase through providers or otherwise. (3) Disassociation from U.S. stamps. Providers must not refer to Customized Postage products as ‘‘stamps’’ or make any other representations tending to imply that Customized Postage products are related in any way to official U.S. postage stamps or to any aspect of the Postal Service philatelic program. (4) Authorization fee and Eligibility Criteria audit. Providers must pay an annual authorization fee and participate in any audit conducted by the Postal Service to ensure that the customerselected or -provided images or text displayed on Customized Postage products or in the promotion in any medium of Customized Postage products are in compliance with the Eligibility Guidelines set forth in paragraph (a) of this subsection. (5) Individual authorization letters. Additional conditions and requirements for provider authorization may be set forth in individual provider authorization letters. (6) Correspondence. The Postal Service office responsible for administration of this part is the Office of Brand Marketing or its successor organization. All correspondence with the Postal Service required by this part is to be made to this office in person or via mail to 475 L’Enfant Plaza SW., Room 5117, Washington, DC 20260– 0004. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2016–31856 Filed 1–4–17; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2016–0468; FRL–9957–51– Region 4] Air Plan Approval; Georgia: Procedures for Testing and Monitoring Sources of Air Pollutants Environmental Protection Agency. ACTION: Proposed rule. mstockstill on DSK3G9T082PROD with PROPOSALS AGENCY: The Environmental Protection Agency (EPA) is proposing to approve portions of State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources’ Environmental Protection Division (GA EPD), on April 11, 2003, November 29, 2010, July 25, 2014, November 23, 2015, SUMMARY: VerDate Sep<11>2014 20:07 Jan 04, 2017 Jkt 241001 and November 29, 2016. The SIP submittals include changes to GA EPD’s air quality rules that modify definitions. The portions of the SIP revisions that EPA is proposing to approve are consistent with the requirements of the Clean Air Act (CAA or Act). DATES: Written comments must be received on or before February 6, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2016–0468 at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman can be reached by phone at (404) 562–9043 or via electronic mail at lakeman.sean@epa.gov. SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal Register, EPA is approving the State’s implementation plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 second comment period on this document. Any parties interested in commenting on this document should do so at this time. Dated: December 15, 2016. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2016–31754 Filed 1–4–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2016–0127; FXES11130900000 167 FF09E42000] RIN 1018–BB39 Endangered and Threatened Wildlife and Plants; Removing Trichostema austromontanum ssp. compactum (Hidden Lake Bluecurls) From the Federal List of Endangered and Threatened Plants Fish and Wildlife Service, Interior. ACTION: Proposed rule; availability of a draft post-delisting monitoring plan. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to remove the plant Trichostema austromontanum ssp. compactum (Hidden Lake bluecurls) from the Federal List of Endangered and Threatened Plants on the basis of recovery. This determination is based on a review of the best available scientific and commercial information, which indicates that the threats to T. a. ssp. compactum have been eliminated or reduced to the point where it no longer meets the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act). We are seeking information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for T. a. ssp. compactum. DATES: We will accept comments received or postmarked on or before March 6, 2017. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by February 21, 2017. SUMMARY: Comment submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter FWS–R8–ES–2016–0127, which is ADDRESSES: E:\FR\FM\05JAP1.SGM 05JAP1

Agencies

[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Proposed Rules]
[Pages 1294-1296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31856]


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POSTAL SERVICE

39 CFR Part 501


Revisions to the Requirements for Authority To Manufacture and 
Distribute Postage Evidencing Systems; Customized Postage Products

AGENCY: Postal Service.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Postal Service proposes to amend its Postage Evidencing 
Systems regulations to add standardized requirements for the 
authorization to produce Customized Postage products, a Special Service 
approved by the Postal Regulatory Commission. Customized Postage 
products are provided through authorized Postage Evidencing System 
manufacturer-distributors or through companies affiliated with 
authorized Postage Evidencing System manufacturer-distributors and 
approved by the Postal Service. During the development of this service, 
the requirements for authorization to produce Customized Postage 
products have been described in Federal Register notices and in 
individual approval letters issued to providers. These amendments would 
give regulatory form to the existing requirements for authorization to 
produce Customized Postage products, and incorporate procedures for the 
protection of Postal Service business interests.

DATES: Comments must be received on or before February 6, 2017.

ADDRESSES: Mail or deliver written comments to the Manager, Payment 
Technology, U.S. Postal Service[supreg], 475 L'Enfant Plaza SW., Room 
3500, Washington, DC 20260. You may inspect and photocopy all written 
comments at the Payment Technology office by appointment only between 
the hours of 9 a.m. and 4 p.m., Monday through Friday by calling 1-202-
268-7613 in advance. Email and faxed comments are not accepted.

FOR FURTHER INFORMATION CONTACT: Christy Noel, Legal Policy & 
Legislative Advice, U.S. Postal Service, (202) 268-3484.

SUPPLEMENTARY INFORMATION: The Postal Reorganization Act authorizes the 
Postal Service to provide such evidence of postage payment ``as may be 
necessary or desirable.'' 39 U.S.C. 404(a)(4). The Postal Service 
exercises this authority through 39 CFR part 501, which protects postal 
revenues by regulation of manufacturer-distributors of Postage 
Evidencing Systems. Customized Postage products were developed through 
market tests allowing Authorized Postage Evidencing System providers to 
combine evidence of prepayment of postage with a customer-selected or 
customer-provided graphic image for printing and fulfillment. See, 70 
FR 21821 (April 27, 2005); 71 FR 12718 (March 13, 2006). Subsequently, 
Customized Postage products were approved as a Special Service by the 
Postal Regulatory Commission. See, 75 FR 11452, 11459 (March 11, 2010). 
These proposed amendments to 39 CFR 501 would create standardized 
definitions, requirements, and procedures applicable to the 
authorization to provide Customized Postage products, and incorporate 
protections for the Postal Service's legal, financial, or brand 
interests. Existing providers of Customized Postage products would be 
able to continue provision of Customized Postage products for the 
remainder of the product year in accordance with these revisions upon 
their effective date, and subject to any requirements set forth in 
individual authorization letters. Alternatively, existing providers 
would be able to discontinue provision of Customized Postage products 
and request a refund from the Postal Service of their annual fee, pro-
rated for the remainder of the product year.

List of Subjects in 39 CFR Part 501

    Administrative practice and procedure.

    Accordingly, for the reasons discussed above, the Postal Service 
proposes to amend 39 CFR part 501 as follows:

PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE 
EVIDENCING SYSTEMS

0
1. The authority citation for 39 CFR part 501 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 
2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95-
452, as amended); 5 U.S.C. App. 3.


[[Page 1295]]


0
2. In Sec.  501.1, revise paragraph (d) and add paragraph (h) to read 
as follows:


Sec.  501.1   Definitions.

* * * * *

501.1 Definitions.

* * * * *
    (d) A provider is: (1) A person or entity authorized under this 
section to manufacture or distribute Postage Evidencing Systems to 
customers; or
    (2) A company that is:
    (i) Affiliated under conditions respecting postage revenue security 
with a person or entity authorized under this section to manufacture or 
distribute Postage Evidencing Systems to customers; and
    (ii) Authorized by the Postal Service to produce Customized Postage 
products in accordance with this section and subject to all procedures 
and regulations set forth throughout this section and to any additional 
requirements set forth in individual approval letters.
* * * * *
    (h) Customized Postage products are products combining barcode 
indicia of postage payment with digital, graphic, or pictorial images 
or text. Customers select or provide images or text that meet 
Eligibility Criteria established by the Postal Service, and the image 
or text is combined with the barcode indicia by providers and printed 
under controlled conditions for mailing to customers.
0
3. In Sec.  501.6, remove the term ``PT'' wherever it appears and add 
in its place the term ``the Postal Service''; and revise paragraph (a), 
the final sentence of paragraph (b), paragraph (c)(1), and paragraph 
(f) to read as follows:


Sec.  501.6  Suspension and Revocation of Authorization.

    (a) The Postal Service may suspend or revoke authorization to 
manufacture or distribute any or all of a provider's approved Postage 
Evidencing Systems, or to produce Customized Postage products, if the 
provider engages in any unlawful scheme or enterprise; fails to comply 
with any provision in this Part 501, or any provision in an individual 
approval letter; fails to implement instructions issued in accordance 
with any final decision issued by the Postal Service within its 
authority over Postage Evidencing Systems or Customized Postage 
products; or if the Postage Evidencing Systems, Customized Postage 
products, or infrastructure of the provider is determined to constitute 
an unacceptable risk to Postal Service business interests, including 
legal, financial, or brand interests.
    (b) * * * Before determining that a provider's authorization to 
manufacture or distribute Postage Evidencing Systems or to produce 
Customized Postage products should be suspended or revoked, the 
procedures in paragraph (c) of this section shall be followed.
    (c)(1) Suspension or revocation procedures: Upon determination by 
the Postal Service that a provider is in violation of a provision of 
this part, or that its Postage Evidencing System or Customized Postage 
products pose an unacceptable risk to Postal Service business 
interests, including legal, financial, or brand interests, the Postal 
Service shall issue a written notice of proposed suspension citing the 
specific conditions or deficiencies for which suspension may be 
imposed. Except in cases of willful violation, the provider shall be 
given an opportunity to correct deficiencies and achieve compliance 
within a time limit corresponding to the potential risk to Postal 
Service business interests.
* * * * *
    (f) An order or final decision under this section does not preclude 
any other remedy that is available by law to the Postal Service, the 
United States, or any other person or entity.
0
4. In Sec.  501.7(c), in the first sentence, remove the words ``postal 
evidencing system'' and add in their place the words ``postage meter''.
0
5. Revise Sec.  501.13 to read as follows:


Sec.  501.13  False Representations of Postal Service Actions.

    Providers, their agents, and employees must not misrepresent to 
customers of the Postal Service any decisions, actions, or proposed 
actions of the Postal Service respecting its regulation of Postage 
Evidencing Systems or Customized Postage products. The Postal Service 
reserves the right pursuant to Sec.  501.6 to suspend or revoke the 
authorization to manufacture or distribute Postage Evidencing Systems 
or to produce Customized Postage when it determines that the provider, 
its agents, or employees failed to comply with this section.
0
6. Add Sec.  501.21 to read as follows:


Sec.  501.21  Customized Postage Products.

    (a) Eligibility Criteria. The Postal Service reserves the right to 
determine independently whether any image, text, or category of images 
or texts meets any of the Eligibility Criteria contained in this 
section. To be eligible for use in Customized Postage products, images 
and/or text must meet criteria established by the Postal Service, which 
are:
    (1) Images or text must not contain:
    (i) Any image or text the customer or provider does not have the 
right to use either directly or under license, including but not 
limited to images or text that may be the subject of third party rights 
such as copyright, trademarks, or rights of publicity or privacy;
    (ii) Any depiction of alcohol; tobacco; controlled substances, 
including but not limited to marijuana; gambling; or firearms or other 
weapons;
    (iii) Any depiction of political, religious, violent or sexual 
content, including content not suitable for minors; or
    (iv) Any depiction of any other subject matter prohibited for 
display under U.S. law.
    (2) Images or text must be ``commercial'' or ``social,'' as defined 
below:
    (i) Commercial means intended for no other purpose than the sale of 
goods or services in commerce.
    (ii) Social means promoting or depicting people, animals, items, or 
events commonly associated with friendly relations or companionship and 
likely to generate invitations, announcements, notices, thank you 
notes, RSVPs, or similar correspondence.
    (b) Customized Postage provider authorization is conditioned on the 
following requirements:
    (1) Use of Eligibility Criteria in purchases. Providers must use 
only the Eligibility Criteria set forth in paragraph (a) of this 
subsection in providing or accepting images and/or text for Customized 
Postage products. Providers may not use any other eligibility criteria, 
represent the use of any other eligibility criteria to customers, or 
otherwise give the appearance that any eligibility criteria other than 
the Eligibility Criteria set forth in paragraph (a) of this subsection 
apply to purchases of Customized Postage products.
    (2) Use of Eligibility Criteria in promotional material. Providers 
must ensure that any images and/or text used in providing or promoting 
Customized Postage products, for individual sale or as part of a 
category of images and/or text provided or made available for customer 
selection, displayed on provider Web sites or in any medium, including 
without limitation exemplars, ordering templates, customization 
options, or customer correspondence:
    (i) Are fully compatible with the Eligibility Criteria set forth in 
paragraph (a) of this subsection; and
    (ii) Do not give the appearance that images that are not fully 
compatible with the Eligibility Criteria set forth in

[[Page 1296]]

paragraph (a) of this subsection are available or offered for purchase 
through providers or otherwise.
    (3) Disassociation from U.S. stamps. Providers must not refer to 
Customized Postage products as ``stamps'' or make any other 
representations tending to imply that Customized Postage products are 
related in any way to official U.S. postage stamps or to any aspect of 
the Postal Service philatelic program.
    (4) Authorization fee and Eligibility Criteria audit. Providers 
must pay an annual authorization fee and participate in any audit 
conducted by the Postal Service to ensure that the customer-selected or 
-provided images or text displayed on Customized Postage products or in 
the promotion in any medium of Customized Postage products are in 
compliance with the Eligibility Guidelines set forth in paragraph (a) 
of this subsection.
    (5) Individual authorization letters. Additional conditions and 
requirements for provider authorization may be set forth in individual 
provider authorization letters.
    (6) Correspondence. The Postal Service office responsible for 
administration of this part is the Office of Brand Marketing or its 
successor organization. All correspondence with the Postal Service 
required by this part is to be made to this office in person or via 
mail to 475 L'Enfant Plaza SW., Room 5117, Washington, DC 20260-0004.

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-31856 Filed 1-4-17; 8:45 am]
 BILLING CODE 7710-12-P