Revenue Deficiency, 58580-58582 [2017-26740]

Download as PDF 58580 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a special local regulation issued in conjunction with a regatta or marine parade. This rule is categorically excluded from further review under paragraph (34) (h) of Figure 2–1 of Commandant Instruction M16475.lD. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. sradovich on DSK3GMQ082PROD with PROPOSALS G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comments can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy VerDate Sep<11>2014 16:09 Dec 12, 2017 Jkt 244001 Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. ■ § 100.734 Special Local Regulation; Gasparilla Marine Parade; Hillsborough Bay; Tampa, FL. (a) Regulated area. A regulated area is established consisting of the following waters of Hillsborough Bay and its tributaries north of 27°51′18″ N and south of the John F. Kennedy Bridge: Hillsborough Cut ‘‘D’’ Channel, Seddon Channel, Sparkman Channel and the Hillsborough River south of the John F. Kennedy Bridge. All coordinates referenced use datum: NAD 83. (b) Regulations. (1) Entrance into the regulated area is prohibited to all commercial marine traffic from 9 a.m. to 6 p.m. EST on the day of the event. (2) The regulated area will include a 100 yard Safety Zone around the vessel JOSE GASPAR while docked at the Tampa Yacht Club until 6 p.m. EST on the day of the event. (3) The regulated area is a ‘‘no wake’’ zone. (4) All vessels within the regulated area shall stay 50 feet away from and give way to all officially entered vessels in parade formation in the Gasparilla Marine Parade. (5) When within the marked channels of the parade route, vessels participating in the Gasparilla Marine Parade may not exceed the minimum speed necessary to maintain steerage. (6) Jet skis and vessels without mechanical propulsion are prohibited from the parade route. Frm 00015 Fmt 4702 Sfmt 4702 Holly L. Najarian, Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg. [FR Doc. 2017–26830 Filed 12–12–17; 8:45 am] 2. Revise § 100.734 to read as follows: PO 00000 (7) Vessels less than 10 feet in length are prohibited from the parade route unless capable of safely participating. (8) Vessels found to be unsafe to participate at the discretion of a present Law Enforcement Officer are prohibited from the parade route. (9) Northbound vessels in excess of 65 feet in length without mooring arrangement made prior to the date of the event are prohibited from entering Seddon Channel unless the vessel is officially entered in the Gasparilla Marine Parade. (10) Vessels not officially entered in the Gasparilla Marine Parade may not enter the parade staging area box within the following coordinates: 27°53′53″ N, 082°27′47″ W; 27°53′22″ N, 082°27′10″ W; 27°52′36″ N, 082°27′55″ W; 27°53′02″ N, 082°28′31″ W. (c) Enforcement period. This rule will be enforced from 9 a.m. to 6 p.m. annually on the last Saturday in January. BILLING CODE 9110–04–P POSTAL SERVICE 39 CFR Part 111 Revenue Deficiency Postal ServiceTM. ACTION: Proposed rule. AGENCY: The Postal Service is proposing to amend Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) to clarify the Postal Service revenue deficiency policy. DATES: Submit comments on or before January 12, 2018. ADDRESSES: Mail or deliver written comments to the manager, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260–5015. If sending comments by email, include the name and address of the commenter and send to ProductClassification@usps.gov, with a subject line of ‘‘Verification Standards’’. Faxed comments are not accepted. You may inspect and photocopy all written comments, by appointment only, at USPS® Headquarters Library, 475 L’Enfant Plaza SW, 11th Floor North, Washington, DC, 20260. These records are available for review on Monday through Friday, 9 a.m.–4 p.m., by calling 202–268–2906. SUMMARY: E:\FR\FM\13DEP1.SGM 13DEP1 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules FOR FURTHER INFORMATION CONTACT: Janet Meddick at (202) 268–2652, Pierre DeFelice at 724–993–3596, or Garry Rodriguez at (202) 268–7281. The Postal Service is proposing to amend DMM section 604.10.0, Revenue Deficiency, to update the definition of a revenue deficiency, as well as the designation of Postal Service contacts for submitting appeals. The Postal Service also proposes to add sections to provide the definition of a mailer, the description of assessments and mailer’s responsibilities, and the policy on assessed revenue deficiencies. We believe that these revisions will ensure the proper payment of postage while providing a superb customer experience from sender to receiver. Additionally, the Postal Service will revise subsection 607.2.1 to include the relocation of subsection 604.10.2, Nonprofit USPS Marketing Mail, as new 607.2.1.2, Nonprofit USPS Marketing Mail Decision. SUPPLEMENTARY INFORMATION: List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Although exempt from the notice and comment requirements of the Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites 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. Accordingly, 39 CFR part 111 is proposed to be amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: ■ Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 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 Mailing Standards of the United States Postal Service Domestic Mail Manual (DMM) as follows: sradovich on DSK3GMQ082PROD with PROPOSALS ■ Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) * * * * * 600 Basic Standards for All Mailing Services * * * VerDate Sep<11>2014 * * 16:09 Dec 12, 2017 Jkt 244001 604 Postage Payment Methods and Refunds * * 10.0 * * * Revenue Deficiency 10.1 General [Revise 10.1 by adding text to read as follows:] The revenue deficiency process is an administrative process that supplements and does not diminish any rights the Postal Service has to recover revenue deficiencies through other legally available methods, such as when the deficiency arises as a result of fraud, misrepresentation, or the misuse of PC Postage products or other Postage Evidencing Systems. [Revise the heading and text of 10.1.1 to read as follows:] 10.1.1 Definitions Revenue deficiency definitions are as follows: a. Revenue deficiency: means a shortage or underpayment of postage or fees that has been calculated and assessed to a mailer. Unless assessed under other applicable postal regulations, revenue deficiencies are generally assessed as provided herein by the Postmaster; manager, Business Mail Entry; the program manager, Revenue and Compliance, or other postal official, who issues a written notification to the mailer citing the amount of the deficiency and the circumstances. b. Mailer: A mailer is defined as the mail owner or an individual or entity that prepares or presents a mailing to the Postal Service and includes those who allow others to use a postage meter or PC postage product (collectively ‘‘postage evidence system’’—see 604.4.1.1 and 604.4.1.2) that has been authorized for use by the individual or entity. [Renumber 10.1.2, Appeal of Ruling, as 10.1.3 and add new 10.1.2 to read as follows:] 10.1.2 Assessments Postal officials review mailings, postage statements, and other relevant documentation in assessing a revenue deficiency. Mailers are required to cooperate and provide any documentation or information requested by postal officials during the review and assessment process. A mailer’s failure to provide requested documentation or information during a review may result in a negative inference concerning the documentation or information requested. 10.1.3 Appeal of Ruling [Revise the introductory text of 10.1.3 to read as follows:] PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 58581 Except as provided in 4.4.4 through 4.4.5, and 703.1.0, a mailer may appeal a revenue deficiency assessment by sending a written appeal to the postmaster or manager in 10.1.3a through 10.1.3c within 30 days of receipt of the notification. In all cases, the mailer may be asked to provide more information or documentation to support the appeal. Failure to do so within 30 days of the request is grounds for denying an appeal. Any decision that is not appealed as prescribed becomes the final agency decision. Mailers may send appeals as follows: * * * * * [Revise the text of item b to read as follows:] b. To the Postmaster; manager, Business Mail Entry; program manager, Revenue and Compliance; or other postal official for revenue deficiencies for postage. The appeal is then forwarded to the manager, PCSC, who issues the final agency decision. * * * * * [Add new 10.1.4 to read as follows:] 10.1.4 Assessed Revenue Deficiencies Assessed revenue deficiencies may be subject to the following: a. If a mailer fails to tender payment to the Postal Service within 30 days of receipt of a final agency decision, or fails to comply with the terms or conditions of a payment plan agreed to by the Postal Service concerning the final agency decision, or is suspected by the Postal Service of continuing to repeatedly short pay postage, the Postal Service may: 1. Deduct from the mailer’s trust account or any other funds in USPS possession any deficiencies incurred within 12 months of the date of the final mailing on which the deficiency was assessed. 2. Initiate debt collection procedures. 3. Restrict or suspend discounted mailing privileges with the concurrence of the manager, Revenue Assurance and Vice President Controller, or as otherwise allowed by regulation, or in accordance with any agreement with the mailer. b. Discounted mailing privileges may be suspended or restricted regardless of payment status of an assessed revenue deficiency if underpayment of postage occurs again after a mailer has been assessed a revenue deficiency. c. Interest on assessed revenue deficiencies will accrue at a rate of 6% per annum beginning 30 days after the receipt of the final agency decision and will continue until the debt is paid. d. Other fees and costs related to an assessed revenue deficiency may be E:\FR\FM\13DEP1.SGM 13DEP1 58582 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules collected as allowed by law or regulation. [Delete 10.2 in its entirety.] * * * * * 2.1 [Move text of 2.1 under new heading 2.1.1, Local Decision to read as follows:] 2.1.1 607 Mailer Compliance and Appeals of Classification Decisions * * * * 2.0 Decisions * Rulings on Mailing Standards [Revise the heading of 2.1 to read as follows:] Local Decision A mailer who disagrees with a classification decision by a local Post Office, whether on a pending or a proposed mailing, may send a written appeal to the postmaster within 30 days. The appeal is forwarded to the manager, Pricing and Classification Service Center (PCSC). The manager, PCSC If the initial revenue deficiency assessment was made by: First–level appeal Postmaster; manager, Business Mail Entry; manager, Revenue and Compliance; or other Postal official. manager, PCSC ................................................................ All appeals must be submitted in writing within 30 days of the previous USPS decision. Any decision that is not appealed as prescribed becomes the final agency decision; no appeals are available within the USPS beyond the second appeal. * * * * * We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes if this proposal is adopted. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2017–26740 Filed 12–12–17; 8:45 am] BILLING CODE 7710–12–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 174 [Docket No. PHMSA–2017–0102; Notice No. 2017–12] Hazardous Materials: Announcement of the Department of Transportation’s Decision on Electronically Controlled Pneumatic Braking Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Announcement of Department determination. sradovich on DSK3GMQ082PROD with PROPOSALS AGENCY: In this document, the Department of Transportation is announcing that after careful review, and as mandated by Section 7311 of the Fixing America’s Surface Transportation (FAST) Act, the Department of SUMMARY: VerDate Sep<11>2014 16:09 Dec 12, 2017 Jkt 244001 manager, PCSC (see 608.8.0 for address). manager, Product Classification. Final Rule Frm 00017 Fmt 4702 Sfmt 4702 Nonprofit mailers have two levels of appeal. They may appeal revenue deficiency assessments as follows: manager, Product Classification (see 608.8.0 for address). vice president, Marketing (see 608.8.0 for address). On May 8, 2015, PHMSA, in coordination with FRA, published a Final Rule adopting requirements intended to reduce the consequences and, in some instances, reduce the PO 00000 2.1.2 Nonprofit USPS Marketing Mail Decision Second–level appeal and final USPS decision Transportation has reviewed the final updated Regulatory Impact Analysis (RIA) and determined that the HM–251 Final Rule’s electronically controlled pneumatic (ECP) brake requirements are not economically justified. As the expected benefits do not exceed the expected costs, PHMSA and the Federal Railroad Administration (FRA) will initiate a rulemaking to rescind the necessary regulatory provisions. DATES: December 13, 2017. ADDRESSES: All documents and comments related to this matter, including the final updated RIA, are still available for review at https:// www.regulations.gov in Docket Number PHMSA–2017–0102. FOR FURTHER INFORMATION CONTACT: For public affairs related questions, please contact Patricia Klinger, Deputy Director within PHMSA’s Office of Governmental, International, and Public Affairs, by email at phmsa.publicaffairs@dot.gov, or by telephone at 202–366–4831. For economic (RIA) related questions, please contact Mark Johnson, Senior Economist, PHMSA, by telephone at 202–366–4495 or by email at mark.johnson@dot.gov. For rulemaking related questions, please contact Matthew Nickels, Senior Regulations Officer, PHMSA, by telephone at 202– 366–8553 or by email at matthew.nickels@dot.gov. SUPPLEMENTARY INFORMATION: HM–251 issues the final agency decision. Only the manager, PCSC may rule on an appeal or initial request for a ruling on an exception to a USPS standard in the DMM. [Add new 2.1.2, Nonprofit USPS Marketing Mail Decision, to read as follows:] probability of accidents involving trains transporting large quantities of flammable liquids. See 80 FR 26643.1 The Final Rule defined certain trains transporting large volumes of flammable liquids as high-hazard flammable trains (HHFT) 2 and others as high-hazard flammable unit trains (HHFUT).3 The Final Rule required HHFUTs transporting at least one flammable liquid classified as a packing group I material be operated with an ECP braking system by January 1, 2021, and all other HHFUTs be operated with an ECP braking system by May 1, 2023. See 49 CFR 174.310(a)(3). Fixing America’s Surface Transportation (FAST) Act In December 2015, Congress passed the FAST Act.4 Public Law 114–94, 129 Stat. 1686 (Dec. 4, 2015). Section 7311 of the FAST Act (Section 7311) established a process, including independent study and testing, for DOT to use in developing an updated RIA related to the Final Rule’s ECP brake provision. The Secretary was also required to solicit public comment on the updated RIA, and issue a final updated RIA, responding to comments and incorporating any useful information provided. Finally, Section 1 https://www.gpo.gov/fdsys/pkg/FR-2015-05-08/ pdf/2015-10670.pdf 2 The Final Rule defined an HHFT as ‘‘a single train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or a single train carrying 35 or more loaded tank cars of a Class 3 flammable liquid throughout the train consist.’’ See 49 CFR 171.8. 3 The Final Rule defined an HHFUT as ‘‘a single train transporting 70 or more loaded tank cars containing Class 3 flammable liquid.’’ 4 https://www.gpo.gov/fdsys/pkg/PLAW114publ94/html/PLAW-114publ94.htm. E:\FR\FM\13DEP1.SGM 13DEP1

Agencies

[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Proposed Rules]
[Pages 58580-58582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26740]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 111


Revenue Deficiency

AGENCY: Postal ServiceTM.

ACTION: Proposed rule.

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

SUMMARY: The Postal Service is proposing to amend Mailing Standards of 
the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to 
clarify the Postal Service revenue deficiency policy.

DATES: Submit comments on or before January 12, 2018.

ADDRESSES: Mail or deliver written comments to the manager, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-5015. If sending comments by email, include the 
name and address of the commenter and send to 
[email protected], with a subject line of ``Verification 
Standards''. Faxed comments are not accepted.
    You may inspect and photocopy all written comments, by appointment 
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th 
Floor North, Washington, DC, 20260. These records are available for 
review on Monday through Friday, 9 a.m.-4 p.m., by calling 202-268-
2906.

[[Page 58581]]


FOR FURTHER INFORMATION CONTACT: Janet Meddick at (202) 268-2652, 
Pierre DeFelice at 724-993-3596, or Garry Rodriguez at (202) 268-7281.

SUPPLEMENTARY INFORMATION: The Postal Service is proposing to amend DMM 
section 604.10.0, Revenue Deficiency, to update the definition of a 
revenue deficiency, as well as the designation of Postal Service 
contacts for submitting appeals. The Postal Service also proposes to 
add sections to provide the definition of a mailer, the description of 
assessments and mailer's responsibilities, and the policy on assessed 
revenue deficiencies. We believe that these revisions will ensure the 
proper payment of postage while providing a superb customer experience 
from sender to receiver.
    Additionally, the Postal Service will revise subsection 607.2.1 to 
include the relocation of subsection 604.10.2, Nonprofit USPS Marketing 
Mail, as new 607.2.1.2, Nonprofit USPS Marketing Mail Decision.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed 
rulemaking by 39 U.S.C. 410(a), the Postal Service invites 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.
    Accordingly, 39 CFR part 111 is proposed to be amended as follows:

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority:  5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.

0
2. Revise the Mailing Standards of the United States Postal Service 
Domestic Mail Manual (DMM) as follows:

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

600 Basic Standards for All Mailing Services

* * * * *

604 Postage Payment Methods and Refunds

* * * * *

10.0 Revenue Deficiency

10.1 General

    [Revise 10.1 by adding text to read as follows:]
    The revenue deficiency process is an administrative process that 
supplements and does not diminish any rights the Postal Service has to 
recover revenue deficiencies through other legally available methods, 
such as when the deficiency arises as a result of fraud, 
misrepresentation, or the misuse of PC Postage products or other 
Postage Evidencing Systems.
    [Revise the heading and text of 10.1.1 to read as follows:]

10.1.1 Definitions

    Revenue deficiency definitions are as follows:
    a. Revenue deficiency: means a shortage or underpayment of postage 
or fees that has been calculated and assessed to a mailer. Unless 
assessed under other applicable postal regulations, revenue 
deficiencies are generally assessed as provided herein by the 
Postmaster; manager, Business Mail Entry; the program manager, Revenue 
and Compliance, or other postal official, who issues a written 
notification to the mailer citing the amount of the deficiency and the 
circumstances.
    b. Mailer: A mailer is defined as the mail owner or an individual 
or entity that prepares or presents a mailing to the Postal Service and 
includes those who allow others to use a postage meter or PC postage 
product (collectively ``postage evidence system''--see 604.4.1.1 and 
604.4.1.2) that has been authorized for use by the individual or 
entity.
    [Renumber 10.1.2, Appeal of Ruling, as 10.1.3 and add new 10.1.2 to 
read as follows:]

10.1.2 Assessments

    Postal officials review mailings, postage statements, and other 
relevant documentation in assessing a revenue deficiency. Mailers are 
required to cooperate and provide any documentation or information 
requested by postal officials during the review and assessment process. 
A mailer's failure to provide requested documentation or information 
during a review may result in a negative inference concerning the 
documentation or information requested.

10.1.3 Appeal of Ruling

    [Revise the introductory text of 10.1.3 to read as follows:]
    Except as provided in 4.4.4 through 4.4.5, and 703.1.0, a mailer 
may appeal a revenue deficiency assessment by sending a written appeal 
to the postmaster or manager in 10.1.3a through 10.1.3c within 30 days 
of receipt of the notification. In all cases, the mailer may be asked 
to provide more information or documentation to support the appeal. 
Failure to do so within 30 days of the request is grounds for denying 
an appeal. Any decision that is not appealed as prescribed becomes the 
final agency decision. Mailers may send appeals as follows:
* * * * *
    [Revise the text of item b to read as follows:]
    b. To the Postmaster; manager, Business Mail Entry; program 
manager, Revenue and Compliance; or other postal official for revenue 
deficiencies for postage. The appeal is then forwarded to the manager, 
PCSC, who issues the final agency decision.
* * * * *
    [Add new 10.1.4 to read as follows:]

10.1.4 Assessed Revenue Deficiencies

    Assessed revenue deficiencies may be subject to the following:
    a. If a mailer fails to tender payment to the Postal Service within 
30 days of receipt of a final agency decision, or fails to comply with 
the terms or conditions of a payment plan agreed to by the Postal 
Service concerning the final agency decision, or is suspected by the 
Postal Service of continuing to repeatedly short pay postage, the 
Postal Service may:
    1. Deduct from the mailer's trust account or any other funds in 
USPS possession any deficiencies incurred within 12 months of the date 
of the final mailing on which the deficiency was assessed.
    2. Initiate debt collection procedures.
    3. Restrict or suspend discounted mailing privileges with the 
concurrence of the manager, Revenue Assurance and Vice President 
Controller, or as otherwise allowed by regulation, or in accordance 
with any agreement with the mailer.
    b. Discounted mailing privileges may be suspended or restricted 
regardless of payment status of an assessed revenue deficiency if 
underpayment of postage occurs again after a mailer has been assessed a 
revenue deficiency.
    c. Interest on assessed revenue deficiencies will accrue at a rate 
of 6% per annum beginning 30 days after the receipt of the final agency 
decision and will continue until the debt is paid.
    d. Other fees and costs related to an assessed revenue deficiency 
may be

[[Page 58582]]

collected as allowed by law or regulation.
    [Delete 10.2 in its entirety.]
* * * * *

607 Mailer Compliance and Appeals of Classification Decisions

* * * * *

2.0 Rulings on Mailing Standards

    [Revise the heading of 2.1 to read as follows:]

2.1 Decisions

    [Move text of 2.1 under new heading 2.1.1, Local Decision to read 
as follows:]

2.1.1 Local Decision

    A mailer who disagrees with a classification decision by a local 
Post Office, whether on a pending or a proposed mailing, may send a 
written appeal to the postmaster within 30 days. The appeal is 
forwarded to the manager, Pricing and Classification Service Center 
(PCSC). The manager, PCSC issues the final agency decision. Only the 
manager, PCSC may rule on an appeal or initial request for a ruling on 
an exception to a USPS standard in the DMM.
    [Add new 2.1.2, Nonprofit USPS Marketing Mail Decision, to read as 
follows:]

2.1.2 Nonprofit USPS Marketing Mail Decision

    Nonprofit mailers have two levels of appeal. They may appeal 
revenue deficiency assessments as follows:

------------------------------------------------------------------------
    If the initial revenue                          Second-level appeal
deficiency assessment was made     First-level         and final USPS
              by:                     appeal              decision
------------------------------------------------------------------------
Postmaster; manager, Business   manager, PCSC      manager, Product
 Mail Entry; manager, Revenue    (see 608.8.0 for   Classification (see
 and Compliance; or other        address).          608.8.0 for
 Postal official.                                   address).
manager, PCSC.................  manager, Product   vice president,
                                 Classification.    Marketing (see
                                                    608.8.0 for
                                                    address).
------------------------------------------------------------------------

    All appeals must be submitted in writing within 30 days of the 
previous USPS decision. Any decision that is not appealed as prescribed 
becomes the final agency decision; no appeals are available within the 
USPS beyond the second appeal.
* * * * *
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes if this proposal is adopted.

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-26740 Filed 12-12-17; 8:45 am]
 BILLING CODE 7710-12-P