Counterfeit Postage, 10068-10069 [2023-03195]
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10068
Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Proposed Rules
List of Subjects in 38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on February 7, 2023, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
38 as set forth below:
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:
■
Authority: 38 U.S.C. 107, 501, 512, 531,
2306, 2400, 2402, 2403, 2404, 2407, 2408,
2411, 7105.
2. Amend § 38.619 by adding
paragraph (a)(2) to read as follows:
■
§ 38.620
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§ 38.619 Requests for interment, committal
services or memorial services, and funeral
honors.
(a) * * *
(2) Interment requests pursuant to
§ 38.620(j). (i) Consistent with paragraph
(a)(1)(i) of this section, interment
requests pursuant to § 38.620(j) must
include the following:
(A) For decedents who were
naturalized under section 2(1) of the
Hmong Veterans Naturalization Act of
2000 (the Act), a copy of the official U.S.
Certificate of Naturalization. (VA will
retrieve naturalization records from the
U.S. Citizenship and Immigration
Services to verify that the naturalization
was pursuant to section 2(1) of the Act.)
(B) For decedents who were otherwise
naturalized, a copy of the U.S.
Certificate of Naturalization and
documentation of the decedent’s
honorable service with a special guerilla
unit or irregular forces operating from a
base in Laos in support of the Armed
Forces at any time between February 28,
1961, and May 7, 1975.
(C) For decedents who were not
naturalized but were lawfully admitted
for permanent residence in the U.S., a
copy of the official documentation of
status as a lawful permanent resident,
and documentation of the decedent’s
honorable service with a special guerilla
VerDate Sep<11>2014
16:40 Feb 15, 2023
Jkt 259001
unit or irregular forces operating from a
base in Laos in support of the Armed
Forces at any time between February 28,
1961, and May 7, 1975.
(D) Evidence that the decedent
resided in the U.S. at the time of death.
(ii) VA will accept the following types
of documentation as evidence of service
described in paragraphs (a)(2)(i)(B) and
(C) of this section:
(A) Original documentation issued by
a government agency officially
documenting the service type, location
and dates served;
(B) An affidavit of the decedent’s
superior officer attesting to the type of
service, location, and dates served;
(C) Two affidavits from other
individuals who were also serving with
such a special guerilla unit or irregular
forces and who personally knew of the
decedent’s service; or
(D) Other appropriate evidence that
factually documents the service,
location and dates served.
(iii) The DD Form 214, Certificate of
Release or Discharge from Active Duty,
is not an appropriate documentation of
service for purposes of paragraphs
(a)(2)(i)(B) and (C) of this section.
*
*
*
*
*
■ 3. Amend § 38.620 by revising
paragraph (j) to read as follows:
Persons eligible for burial.
*
*
*
*
*
(j) Any individual who:
(1) Died on or after March 23, 2018;
and
(2) Resided in the United States at the
time of their death; and
(3) Either:
(i) Was naturalized pursuant to
section 2(1) of the Hmong Veterans’
Naturalization Act of 2000 (Pub. L. 106–
207, 114 Stat. 316; 8 U.S.C. 1423 note);
or
(ii) Served honorably with a special
guerilla unit or irregular forces
operating from a base in Laos in support
of the Armed Forces at any time
between February 28, 1961, and May 7,
1975; and was, at the time of the
individual’s death, a citizen of the
United States or an alien lawfully
admitted for permanent residence in the
United States.
■ 4. Amend § 38.630 by revising
paragraphs (a)(1)(ii)(F) and (a)(2)(i)(F) to
read as follows:
§ 38.630 Burial headstones and markers;
medallions.
(a) * * *
(1) * * *
(ii) * * *
(F) Individuals who were naturalized
pursuant to section 2(1) of the Hmong
Veterans’ Naturalization Act of 2000, or
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
who served honorably with a special
guerilla unit or irregular forces
operating from a base in Laos in support
of the Armed Forces, as described in
and subject to § 38.620(j).
(2) * * *
(i) * * *
(F) Individuals who were naturalized
pursuant to section 2(1) of the Hmong
Veterans’ Naturalization Act of 2000, or
who served honorably with a special
guerilla unit or irregular forces
operating from a base in Laos in support
of the Armed Forces, as described in
and subject to § 38.620(j).
[FR Doc. 2023–03052 Filed 2–15–23; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 111
Counterfeit Postage
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®) in
various sections to clarify the handling
of items found in the mail bearing
counterfeit postage.
DATES: Submit comments on or before
March 20, 2023.
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 PCFederalRegister@usps.gov, with a
subject line of ‘‘Counterfeit Postage’’.
Faxed comments are not accepted.
SUMMARY:
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
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.
FOR FURTHER INFORMATION CONTACT: Jane
Quenk at (202) 268–7098 or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Proposed Rules
Background
In recent years, the use of counterfeit
postage has increased substantially,
especially on packages. Use of
counterfeit postage is a crime; it reflects
an intentional effort to defraud the
Postal Service; and it has resulted in a
significant loss of revenue to the Postal
Service. Typically, such mail does not
have an accurate return address. The
Postal Service proposes to amend
current regulations to distinguish
counterfeit postage from mail without
any postage affixed and to address the
use of counterfeit postage more
effectively.
Mail deposited without any postage
affixed is endorsed ‘‘Returned for
Postage’’ and is returned to the sender
without any attempt at delivery (DMM
604.8.2.1). Counterfeit postage differs
from the absence of any postage,
however, as the former is a criminal
attempt to defraud the Postal Service,
while the absence of any postage may
reflect an inadvertent failure to affix
postage. Also, mail with counterfeit
postage often does not have an accurate
return address, or it has a return address
not related to the mailer. To address the
problems posed by counterfeit mailings,
the Postal Service is amending its
regulations to provide public notice that
mailings with counterfeit postage will
be treated as abandoned; consequently,
such mail may be opened and disposed
of at the Postal Service’s discretion.
lotter on DSK11XQN23PROD with PROPOSALS1
Proposal
The Postal Service seeks to
distinguish the handling of articles
entered without postage under
subsection 604.8.2 from those that
contain counterfeit postage.
Therefore, the Postal Service is
proposing to revise subsection 604.8.4
to provide that when all articles with
counterfeit postage are found they will
be considered abandoned and disposed
of at the discretion of the Postal Service,
rather than be returned to the sender as
the affixing of counterfeit postage
reflects a refusal to pay postage or an
intentional effort to avoid paying
postage.
The Postal Service is proposing to
implement this change effective April 1,
2023.
We believe this proposed revision
will provide customers with clarity on
the handling of items bearing
counterfeit postage.
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 comment
VerDate Sep<11>2014
16:40 Feb 15, 2023
Jkt 259001
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.
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
10069
4.0 Postage Meters and PC Postage
Products (‘‘Postage Evidencing
Systems’’)
*
*
4.4
Postage Discrepancies
4.4.1
*
*
*
Definitions
[Revise the text of 4.4.1 by deleting the
last sentence.]
*
*
*
*
*
8.0
Insufficient or Omitted Postage
Accordingly, 39 CFR part 111 is
proposed to be amended as follows:
*
*
8.2
Omitted Postage
PART 111—[AMENDED]
8.2.1 Handling Mail With Omitted
Postage
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,
401–404, 414, 416, 3001–3018, 3201–3220,
3401–3406, 3621, 3622, 3626, 3629, 3631–
3633, 3641, 3681–3685, and 5001.
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)
*
*
500
Additional Mailing Services
8.4
*
*
8.4.1
507
Mailer Services
1.0
Treatment of Mail
1.1
Nondelivery of Mail
*
*
*
Mail can be undeliverable for these
reasons:
*
*
*
*
*
[Renumber items b through g as c
through h and add new item b to read
as follows:]
b. Counterfeit Postage (see 604.8.4).
*
*
*
*
*
604 Postage Payment Methods and
Refunds
1.0
Stamps
*
*
1.4
Imitations of Stamps
*
*
*
Frm 00010
Fmt 4702
Sfmt 9990
*
Counterfeit Postage
Definition
Counterfeit postage is any marking or
indicia that has been made, printed, or
otherwise created without authorization
from the Postal Service that is printed
or applied, or otherwise affixed, on an
article placed in the mails that indicates
or represents that valid postage has been
paid to mail the article.
8.4.2 Handling Items With Counterfeit
Postage
Items found in the mail bearing
counterfeit postage will be considered
abandoned and disposed of at the
discretion of the Postal Service.
*
*
*
*
*
Tram T. Pham,
Attorney, Ethics and Legal Compliance.
[Revise the text of 1.4 to read as
follows:]
Matter bearing imitations of postage
stamps, in adhesive or printed form, or
private seals or stickers resembling a
postage stamp in form and design, is not
acceptable for mailing (See 8.4.2 for
handling items with counterfeit
postage.).
*
*
*
*
*
PO 00000
*
[Revise the first sentence of 8.2.1 to
read as follows:]
Except under 8.4 matter of any class,
including that for which extra services
are indicated, received at either the
office of mailing or office of address
without postage, is endorsed ‘‘Returned
for Postage’’ and is returned to the
sender without an attempt at delivery.
* * *
*
*
*
*
*
[Revise the heading and text of 8.4 to
read as follows:]
*
*
*
*
[FR Doc. 2023–03195 Filed 2–15–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Proposed Rules]
[Pages 10068-10069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03195]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Counterfeit Postage
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]) in
various sections to clarify the handling of items found in the mail
bearing counterfeit postage.
DATES: Submit comments on or before March 20, 2023.
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 ``Counterfeit
Postage''. Faxed comments are not accepted.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
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.
FOR FURTHER INFORMATION CONTACT: Jane Quenk at (202) 268-7098 or Garry
Rodriguez at (202) 268-7281.
SUPPLEMENTARY INFORMATION:
[[Page 10069]]
Background
In recent years, the use of counterfeit postage has increased
substantially, especially on packages. Use of counterfeit postage is a
crime; it reflects an intentional effort to defraud the Postal Service;
and it has resulted in a significant loss of revenue to the Postal
Service. Typically, such mail does not have an accurate return address.
The Postal Service proposes to amend current regulations to distinguish
counterfeit postage from mail without any postage affixed and to
address the use of counterfeit postage more effectively.
Mail deposited without any postage affixed is endorsed ``Returned
for Postage'' and is returned to the sender without any attempt at
delivery (DMM 604.8.2.1). Counterfeit postage differs from the absence
of any postage, however, as the former is a criminal attempt to defraud
the Postal Service, while the absence of any postage may reflect an
inadvertent failure to affix postage. Also, mail with counterfeit
postage often does not have an accurate return address, or it has a
return address not related to the mailer. To address the problems posed
by counterfeit mailings, the Postal Service is amending its regulations
to provide public notice that mailings with counterfeit postage will be
treated as abandoned; consequently, such mail may be opened and
disposed of at the Postal Service's discretion.
Proposal
The Postal Service seeks to distinguish the handling of articles
entered without postage under subsection 604.8.2 from those that
contain counterfeit postage.
Therefore, the Postal Service is proposing to revise subsection
604.8.4 to provide that when all articles with counterfeit postage are
found they will be considered abandoned and disposed of at the
discretion of the Postal Service, rather than be returned to the sender
as the affixing of counterfeit postage reflects a refusal to pay
postage or an intentional effort to avoid paying postage.
The Postal Service is proposing to implement this change effective
April 1, 2023.
We believe this proposed revision will provide customers with
clarity on the handling of items bearing counterfeit postage.
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
comment 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.
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is proposed to be amended as follows:
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, 401-404, 414, 416, 3001-3018, 3201-3220, 3401-
3406, 3621, 3622, 3626, 3629, 3631-3633, 3641, 3681-3685, 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)
* * * * *
500 Additional Mailing Services
* * * * *
507 Mailer Services
1.0 Treatment of Mail
1.1 Nondelivery of Mail
Mail can be undeliverable for these reasons:
* * * * *
[Renumber items b through g as c through h and add new item b to
read as follows:]
b. Counterfeit Postage (see 604.8.4).
* * * * *
604 Postage Payment Methods and Refunds
1.0 Stamps
* * * * *
1.4 Imitations of Stamps
[Revise the text of 1.4 to read as follows:]
Matter bearing imitations of postage stamps, in adhesive or printed
form, or private seals or stickers resembling a postage stamp in form
and design, is not acceptable for mailing (See 8.4.2 for handling items
with counterfeit postage.).
* * * * *
4.0 Postage Meters and PC Postage Products (``Postage Evidencing
Systems'')
* * * * *
4.4 Postage Discrepancies
4.4.1 Definitions
[Revise the text of 4.4.1 by deleting the last sentence.]
* * * * *
8.0 Insufficient or Omitted Postage
* * * * *
8.2 Omitted Postage
8.2.1 Handling Mail With Omitted Postage
[Revise the first sentence of 8.2.1 to read as follows:]
Except under 8.4 matter of any class, including that for which
extra services are indicated, received at either the office of mailing
or office of address without postage, is endorsed ``Returned for
Postage'' and is returned to the sender without an attempt at delivery.
* * *
* * * * *
[Revise the heading and text of 8.4 to read as follows:]
8.4 Counterfeit Postage
8.4.1 Definition
Counterfeit postage is any marking or indicia that has been made,
printed, or otherwise created without authorization from the Postal
Service that is printed or applied, or otherwise affixed, on an article
placed in the mails that indicates or represents that valid postage has
been paid to mail the article.
8.4.2 Handling Items With Counterfeit Postage
Items found in the mail bearing counterfeit postage will be
considered abandoned and disposed of at the discretion of the Postal
Service.
* * * * *
Tram T. Pham,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-03195 Filed 2-15-23; 8:45 am]
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