Counterfeit Postage, 21478-21480 [2023-07566]
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21478
Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Key West (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at 305–292–
8727. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement periods. This section
will be enforced daily from 10 a.m. to
4 p.m. April 14, 2023, through April 16,
2023.
Dated: March 31, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2023–07500 Filed 4–10–23; 8:45 am]
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AR48
Copayment Exemption for Indian
Veterans
Department of Veterans Affairs.
ACTION: Final rule correction and
correcting amendments.
AGENCY:
On April 4, 2023, the
Department of Veterans Affairs (VA)
published in the Federal Register a final
rule to amend its medical regulations to
implement a statute exempting Indian
and urban Indian veterans from
copayment requirements for the receipt
of hospital care or medical services.
This correction addresses a technical
error in the published final rule and
correcting amendments to four sections
involved.
DATES: Effective April 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Upton, Deputy to the Deputy
Under Secretary for Health, Office of the
Deputy Under Secretary for Health
(10A), 810 Vermont Avenue NW,
Washington, DC 20420, 202–461–7459.
(This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION: VA is
correcting technical errors that appeared
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Jkt 259001
Correction to the Preamble
In FR Rule Doc. No. 2023–06954,
beginning on 19868 in the April 4, 2023
issue of the Federal Register, make the
following corrections:
1. On page 19868, column 2, line 18,
remove ‘‘Medicare’’ and add
‘‘Medicaid’’ in its place.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Claims, Day care,
Government programs—veterans, Health
care, Health facilities, Health records,
Medical devices, Mental health
programs, Veterans.
BILLING CODE 9110–04–P
SUMMARY:
in a final rule on copayment exemptions
for Indian and urban Indian veterans
published on April 4, 2023, in the
Federal Register (FR) at 88 FR 19862. In
the preamble of the final rule, VA is
replacing ‘‘Medicare’’ with ‘‘Medicaid.’’
VA is making correcting amendments
to the part 17 authority and provisions
constituting collections of information
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3507). See §§ 17.108,
17.110, 17.111, and 17.4600 of title 38,
Code of Federal Regulations (CFR). On
April 4, 2023, OMB approved these
information collections and assigned
OMB control number 2900–0920. This
document corrects the references to the
OMB control numbers to add such
control numbers at the end of §§ 17.108,
17.110, 17.111, and 17.4600.
Correcting Amendments
Accordingly, VA corrects 38 CFR part
17 by making the following correcting
amendments:
PART 17—MEDICAL
1. The authority citation for part 17 is
amended by revising the entries for
§§ 17.111 and 17.4600 to read in part as
follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
*
*
*
*
*
Section 17.111 is also issued under 38
U.S.C. 101(28), 501, 1701(7), 1703, 1710,
1710B, 1720B, 1720D, 1722A, and 1730A.
*
*
*
*
*
Section 17.4600 is also issued under 38
U.S.C. 1725A and 1730A.
*
*
§ 17.108
*
*
*
[Amended]
2. Amend § 17.108 in the
parenthetical at the end of the section
by removing ‘‘TBD’’ and adding ‘‘0920’’
in its place.
■
§ 17.110
[Amended]
3. Amend § 17.110 in the
parenthetical at the end of the section
■
PO 00000
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Fmt 4700
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by removing ‘‘TBD’’ and adding ‘‘0920’’
in its place.
§ 17.111
[Amended]
4. Amend § 17.111 in the
parenthetical at the end of the section
by removing ‘‘TBD’’ and adding ‘‘0920’’
in its place.
■
§ 17.4600
[Amended]
5. Amend § 17.4600 in the
parenthetical at the end of the section
by removing ‘‘TBD’’ and adding ‘‘0920’’
in its place.
■
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
[FR Doc. 2023–07528 Filed 4–10–23; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 111
Counterfeit Postage
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is
amending 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.
SUMMARY:
DATES:
Effective: May 7, 2023.
Jane
Quenk at (202) 268–7098 or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: On
February 16, 2023, the Postal Service
published a notice of proposed
rulemaking (88 FR 10068) to revise the
DMM in various sections to clarify the
handling of items found in the mail
bearing counterfeit postage. The Postal
Service received numerous comments
on that notice, and it appreciates the
valuable public input. Multiple
commenters expressed support for the
Postal Service efforts to address
counterfeit postage, an issue that many
commenters viewed as wide-spread,
problematic, and a risk to Postal Service
revenue. The Postal Service now
responds to the comments received as
follows:
FOR FURTHER INFORMATION CONTACT:
Comments Relating to Information
About Counterfeit Postage
Comment: The Postal Service received
several comments requesting to know
how to avoid purchasing counterfeit
postage.
E:\FR\FM\11APR1.SGM
11APR1
Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Response: Customers are urged to
purchase their postage from legitimate
vendors. Information about where to
buy legitimate postage is available on
usps.com. See https://faq.usps.com/s/
article/What-is-an-Approved-PostalProvider.
Comment: Various commenters
requested training that would provide
them information to allow them to tell
the difference between counterfeit and
legitimate postage.
Response: Training about security
enhancements and security measures
found in postage will not be provided to
the public because revealing this
information could lead to misuse of the
information and enable the creation of
counterfeit postage.
Comment: Comments reflect that
customers and shippers want to know
when an item they expect to be
delivered has been identified as having
counterfeit postage.
Response: USPS is looking at
enhancements to tracking and scanning
technologies to provide appropriate
messaging.
Comments Related to How the Postal
Service Will Identify Counterfeit
Postage and Whether There Will Be an
Administrative Review Process
Comment: Commenters expressed
concerns related to the process of
identifying counterfeit postage and were
concerned about the possible
misidentification of valid postage as
counterfeit postage. Others worried that
a misidentification would lead to
improper abandonment, disposal, or to
items being stolen. Further, one
commenter asked about whether there
would be an administrative review
process for such findings.
Response: The Postal Service is
mindful of these concerns. To limit
misidentification of counterfeit postage,
the Postal Service will only allow
related determinations to be made by
individuals who are trained and
authorized or by approved machine
systems programmed to identify the
counterfeit postage. This will help to
build expertise and reduce
opportunities for the improper, or
inconsistent, handling of such matters
and will better ensure the security of the
mails. Further, the Postal Service is not
planning to implement an
administrative review process. The
Postal Service is making its best efforts
to reduce the occurrence of
misidentified counterfeit postage. Given
the volume of mail using counterfeit
postage, and the prevalence of invalid
return addresses used on items bearing
counterfeit postage, implementation of
such an administrative process is
VerDate Sep<11>2014
16:10 Apr 10, 2023
Jkt 259001
impractical. As the issuer of postage, the
Postal Service is the final arbiter of what
is valid postage versus what is
counterfeit postage.
Comments Regarding the Plan To
Abandon and Dispose of Items Bearing
Counterfeit Postage
The rule will allow items found in the
mails with counterfeit postage to be
‘‘considered abandoned’’ and allows for
such items to be ‘‘disposed of at the
discretion of the Postal Service.’’
Comment: Several comments were
received suggesting that items that bear
counterfeit postage not be abandoned;
instead, they sought to have such items
delivered postage due, postage due with
a fine, or alternatively to be delivered
COD (collect on delivery—requires
payment of postage and fees at time of
mailing). The comments characterize
the refusal to deliver the items as
postage due as ‘‘punishing the victim.’’
Response: These suggestions carry a
significant cost for the Postal Service,
and under existing regulations, the
Postal Service may not deliver—even as
postage due or as COD—items with no
postage, including those that bear
counterfeit postage. This regulation is
not intended to punish the addressee.
Instead, the regulation seeks to abide
with current regulations by refusing to
expend resources to deliver an item for
which no postage was paid.
Comment: Some comments suggested
that it was improper to abandon and
dispose of these items unless the Postal
Service could prove that the sender
knew the postage was counterfeit.
Response: The introduction to the
regulation referred to fact that that the
intentional use of counterfeit postage to
defraud the government is a crime.
Although the Postal Service noted this
fact, and the regulation may discourage
this activity, the regulation is not issued
to penalize criminal activity and
therefore, the Postal Service is not
required to prove that the mailer knew
the postage was counterfeit when it
used it for mailing purposes. Instead,
the regulation is promulgated under the
Postal Service’s broad authority to
deliver the mails in a cost-efficient
manner and to comply with existing
regulations.
Comments Questioning the Efficacy of
the Rule and Suggesting Alternate
Manners of Combatting Counterfeit
Postage
Comment: Some comments pointed
out that the regulation would be helpful
but noted that it would not adequately
address or solve counterfeit postage
issues. Other comments pointed to
problems with various types of postage
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21479
and complex pricing models that lead to
losses, while others identified alternate
manners of combatting counterfeit
postage.
Response: The alternate methods
discussed included: improvements to
various postage payment methods, the
enforcement of criminal laws,
deputizing retired stamp collectors to
monitor ads that sell counterfeit
postage, and creating a counterfeit
postage vendor list. The abandonment
process in the regulation does not
replace the investigation and
prosecution of criminal conduct. The
Postal Inspection Service continues to
work on these investigations. The Postal
Service does not view the new
regulation as an exclusive solution,
rather, it views it as part of a multipronged approach to address counterfeit
postage issues.
Miscellaneous Comments Outside of the
Scope of the Regulation
Comment: Many comments were
submitted providing tips on where
counterfeit postage is being sold.
Response: These comments are
beyond the scope of the regulation, but
they will be forwarded to the Postal
Inspection Service.
Comment: Some comments received
suggested the Postal Service donate
items that are abandoned or expressed
concerns with how the items will be
handled after abandonment.
Response: These comments are
outside of the scope of regulation
because once the property is abandoned,
the disposition of that property is
within the Postal Service’s discretion.
Even so, the Postal Service is aware of
the many methods that may be used to
dispose of items and will handle these
items in a responsible and sustainable
manner.
Comment: ‘‘What does resembling a
postage stamp [sic] in form and design
mean? Can I affix foreign stamps for
philatelic purposes.’’
Response: Although these questions
are beyond the scope of the regulation,
we refer the commenter to DMM
604.1.3. This provision explains that the
use of foreign stamps is invalid for use
as postage in the United States and may
not be used for domestic originated
international mail.
Comment: One commenter pointed
out that there was no cost benefit
analysis provided with the proposed
regulation.
Response: The Administrative
Procedures Act does not apply to the
Postal Service, nonetheless, the Postal
Service has chosen to publish the
proposed regulation to provide public
notice and an opportunity to comment.
E:\FR\FM\11APR1.SGM
11APR1
21480
Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations
The Postal Service is not required to
provide a cost benefit analysis to
substantiate this rule. However, as the
Postal Service has explained, the rule
has been issued to address the critical
problem resulting from the increases in
the volume of packages with counterfeit
postage.
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
revising 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 also
revising various other subsections for
clarity with the revision to subsection
604.8.4.
We believe this revision will provide
customers with clarity on the handling
of items bearing counterfeit postage.
The Postal Service adopts the
following changes 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
amended as follows:
PART 111—GENERAL INFORMATION
ON POSTAL SERVICE
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:
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■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
500
Additional Mailing Services
*
*
*
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*
*
16:10 Apr 10, 2023
Jkt 259001
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
*
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. 2023–07566 Filed 4–10–23; 8:45 am]
*
*
BILLING CODE P
[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.).
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
4.0 Postage Meters and PC Postage
Products (‘‘Postage Evidencing
Systems’’)
AGENCY:
*
*
*
*
*
4.4
Postage Discrepancies
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2021–0227; FRL–8985–02–
OCSPP]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (21–2.F)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
4.4.1 Definitions
chemical substances which were the
[Revise the text of 4.4.1 by deleting the
subject of premanufacture notices
last sentence.]
(PMNs). This action requires persons to
*
*
*
*
*
notify EPA at least 90 days before
commencing manufacture (defined by
8.0 Insufficient or Omitted Postage
statute to include import) or processing
*
*
*
*
*
of any of these chemical substances for
an activity that is designated as a
8.2 Omitted Postage
significant new use by this rule. This
8.2.1 Handling Mail With Omitted
action further requires that persons not
Postage
commence manufacture or processing
[Revise the first sentence of 8.2.1 to
for the significant new use until they
read as follows:]
have submitted a Significant New Use
Except under 8.4 matter of any class,
Notice (SNUN), and EPA has conducted
including that for which extra services
a review of the notice, made an
are indicated, received at either the
appropriate determination on the notice,
office of mailing or office of address
and has taken any risk management
without postage, is endorsed ‘‘Returned actions as are required as a result of that
for Postage’’ and is returned to the
determination.
sender without an attempt at delivery.
DATES: This rule is effective on June 12,
* * *
2023. For purposes of judicial review,
*
*
*
*
*
this rule shall be promulgated at 1 p.m.
[Revise the heading and text of 8.4 to
(e.s.t.) on April 25, 2023.
read as follows:]
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
8.4 Counterfeit Postage
William Wysong, New Chemicals
8.4.1 Definition
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Counterfeit postage is any marking or
Protection Agency, 1200 Pennsylvania
indicia that has been made, printed, or
otherwise created without authorization Ave. NW, Washington, DC 20460–0001;
PO 00000
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SUMMARY:
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11APR1
]]>Agencies
[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21478-21480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07566]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Counterfeit Postage
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is amending 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: Effective: May 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jane Quenk at (202) 268-7098 or Garry
Rodriguez at (202) 268-7281.
SUPPLEMENTARY INFORMATION: On February 16, 2023, the Postal Service
published a notice of proposed rulemaking (88 FR 10068) to revise the
DMM in various sections to clarify the handling of items found in the
mail bearing counterfeit postage. The Postal Service received numerous
comments on that notice, and it appreciates the valuable public input.
Multiple commenters expressed support for the Postal Service efforts to
address counterfeit postage, an issue that many commenters viewed as
wide-spread, problematic, and a risk to Postal Service revenue. The
Postal Service now responds to the comments received as follows:
Comments Relating to Information About Counterfeit Postage
Comment: The Postal Service received several comments requesting to
know how to avoid purchasing counterfeit postage.
[[Page 21479]]
Response: Customers are urged to purchase their postage from
legitimate vendors. Information about where to buy legitimate postage
is available on usps.com. See https://faq.usps.com/s/article/What-is-an-Approved-Postal-Provider.
Comment: Various commenters requested training that would provide
them information to allow them to tell the difference between
counterfeit and legitimate postage.
Response: Training about security enhancements and security
measures found in postage will not be provided to the public because
revealing this information could lead to misuse of the information and
enable the creation of counterfeit postage.
Comment: Comments reflect that customers and shippers want to know
when an item they expect to be delivered has been identified as having
counterfeit postage.
Response: USPS is looking at enhancements to tracking and scanning
technologies to provide appropriate messaging.
Comments Related to How the Postal Service Will Identify Counterfeit
Postage and Whether There Will Be an Administrative Review Process
Comment: Commenters expressed concerns related to the process of
identifying counterfeit postage and were concerned about the possible
misidentification of valid postage as counterfeit postage. Others
worried that a misidentification would lead to improper abandonment,
disposal, or to items being stolen. Further, one commenter asked about
whether there would be an administrative review process for such
findings.
Response: The Postal Service is mindful of these concerns. To limit
misidentification of counterfeit postage, the Postal Service will only
allow related determinations to be made by individuals who are trained
and authorized or by approved machine systems programmed to identify
the counterfeit postage. This will help to build expertise and reduce
opportunities for the improper, or inconsistent, handling of such
matters and will better ensure the security of the mails. Further, the
Postal Service is not planning to implement an administrative review
process. The Postal Service is making its best efforts to reduce the
occurrence of misidentified counterfeit postage. Given the volume of
mail using counterfeit postage, and the prevalence of invalid return
addresses used on items bearing counterfeit postage, implementation of
such an administrative process is impractical. As the issuer of
postage, the Postal Service is the final arbiter of what is valid
postage versus what is counterfeit postage.
Comments Regarding the Plan To Abandon and Dispose of Items Bearing
Counterfeit Postage
The rule will allow items found in the mails with counterfeit
postage to be ``considered abandoned'' and allows for such items to be
``disposed of at the discretion of the Postal Service.''
Comment: Several comments were received suggesting that items that
bear counterfeit postage not be abandoned; instead, they sought to have
such items delivered postage due, postage due with a fine, or
alternatively to be delivered COD (collect on delivery--requires
payment of postage and fees at time of mailing). The comments
characterize the refusal to deliver the items as postage due as
``punishing the victim.''
Response: These suggestions carry a significant cost for the Postal
Service, and under existing regulations, the Postal Service may not
deliver--even as postage due or as COD--items with no postage,
including those that bear counterfeit postage. This regulation is not
intended to punish the addressee. Instead, the regulation seeks to
abide with current regulations by refusing to expend resources to
deliver an item for which no postage was paid.
Comment: Some comments suggested that it was improper to abandon
and dispose of these items unless the Postal Service could prove that
the sender knew the postage was counterfeit.
Response: The introduction to the regulation referred to fact that
that the intentional use of counterfeit postage to defraud the
government is a crime. Although the Postal Service noted this fact, and
the regulation may discourage this activity, the regulation is not
issued to penalize criminal activity and therefore, the Postal Service
is not required to prove that the mailer knew the postage was
counterfeit when it used it for mailing purposes. Instead, the
regulation is promulgated under the Postal Service's broad authority to
deliver the mails in a cost-efficient manner and to comply with
existing regulations.
Comments Questioning the Efficacy of the Rule and Suggesting Alternate
Manners of Combatting Counterfeit Postage
Comment: Some comments pointed out that the regulation would be
helpful but noted that it would not adequately address or solve
counterfeit postage issues. Other comments pointed to problems with
various types of postage and complex pricing models that lead to
losses, while others identified alternate manners of combatting
counterfeit postage.
Response: The alternate methods discussed included: improvements to
various postage payment methods, the enforcement of criminal laws,
deputizing retired stamp collectors to monitor ads that sell
counterfeit postage, and creating a counterfeit postage vendor list.
The abandonment process in the regulation does not replace the
investigation and prosecution of criminal conduct. The Postal
Inspection Service continues to work on these investigations. The
Postal Service does not view the new regulation as an exclusive
solution, rather, it views it as part of a multi-pronged approach to
address counterfeit postage issues.
Miscellaneous Comments Outside of the Scope of the Regulation
Comment: Many comments were submitted providing tips on where
counterfeit postage is being sold.
Response: These comments are beyond the scope of the regulation,
but they will be forwarded to the Postal Inspection Service.
Comment: Some comments received suggested the Postal Service donate
items that are abandoned or expressed concerns with how the items will
be handled after abandonment.
Response: These comments are outside of the scope of regulation
because once the property is abandoned, the disposition of that
property is within the Postal Service's discretion. Even so, the Postal
Service is aware of the many methods that may be used to dispose of
items and will handle these items in a responsible and sustainable
manner.
Comment: ``What does resembling a postage stamp [sic] in form and
design mean? Can I affix foreign stamps for philatelic purposes.''
Response: Although these questions are beyond the scope of the
regulation, we refer the commenter to DMM 604.1.3. This provision
explains that the use of foreign stamps is invalid for use as postage
in the United States and may not be used for domestic originated
international mail.
Comment: One commenter pointed out that there was no cost benefit
analysis provided with the proposed regulation.
Response: The Administrative Procedures Act does not apply to the
Postal Service, nonetheless, the Postal Service has chosen to publish
the proposed regulation to provide public notice and an opportunity to
comment.
[[Page 21480]]
The Postal Service is not required to provide a cost benefit analysis
to substantiate this rule. However, as the Postal Service has
explained, the rule has been issued to address the critical problem
resulting from the increases in the volume of packages with counterfeit
postage.
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 revising 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 also
revising various other subsections for clarity with the revision to
subsection 604.8.4.
We believe this revision will provide customers with clarity on the
handling of items bearing counterfeit postage.
The Postal Service adopts the following changes 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 amended as follows:
PART 111--GENERAL INFORMATION ON POSTAL SERVICE
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. 2023-07566 Filed 4-10-23; 8:45 am]
BILLING CODE P
