Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems; Customized Postage Products, 1294-1296 [2016-31856]
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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
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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:
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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.
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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.
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(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:
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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
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05JAP1
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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:
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20:07 Jan 04, 2017
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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 https://
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
https://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
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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: https://
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]
=======================================================================
-----------------------------------------------------------------------
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
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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
