81 FR 61159 - Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems
POSTAL SERVICE Federal Register Volume 81, Issue 172 (September 6, 2016)
Federal Register Volume 81, Issue 172 (September 6, 2016)
| Page Range | 61159-61160 | |
| FR Document | 2016-21258 |
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)] [Proposed Rules] [Pages 61159-61160] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21258] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 501 Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems AGENCY: Postal ServiceTM. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Postal Service proposes a further revision to the rules concerning PC postage payment methodology. This change would add supplementary information to clarify the revenue assurance guidelines. DATES: Submit comments on or before October 6, 2016. 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: Marlo Kay Ivey, Business Systems Analyst, Payment Technology, U.S. Postal Service, (202) 268-7613. SUPPLEMENTARY INFORMATION: On July 17, 2015, the United States Postal Service published a final rule to revise the rules concerning authorization to manufacture and distribute postage evidencing systems and to reflect new revenue assurance practices (80 FR 42392). Postage collection under the new rules will start on March 20, 2017. This document proposes additional changes with regard to revenue assurance which would support our efforts to collect the appropriate revenue on mail pieces in a more automated fashion. If adopted, the proposed clarifying changes would also be implemented on March 20, 2017. The revenue assurance guidelines can be found in 39 CFR 501.16, and on https://ribbs.usps.gov in the site index of Automated Package Verification (APV) documents, named APV Standard Operating Procedure (SOP). List of Subjects in 39 CFR Part 501 Administrative practice and procedure. Accordingly, for the reasons stated, 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. 0 2. In Sec. 501.16, revise paragraph (i) to read as follows: Sec. 501.16 PC postage payment methodology. * * * * * (i) Revenue assurance. (1) The PC Postage provider must support business practices to assure Postal Service revenue and accurate payment from customers. For purposes of this paragraph and the Automated Package Verification (APV) Standard Operating Procedure (SOP) document available at https://ribbs.usps.gov/index.cfm?page=apvs, PC Postage provider and PC Postage vendor shall mean providers who offer PC Postage products (as such terms are defined in Sec. 501.1) and shall also include Click-N-Ship and postage resellers when such resellers transmit postage revenue to the Postal Service in any manner other than through a PC Postage provider. With respect to such transactions, the resellers, and not the PC Postage providers who provide the labels, are responsible for complying with this paragraph. For the purpose of this paragraph, a reseller is an entity that obtains postage through a PC Postage provider and is authorized to resell such postage to its customers pursuant to an agreement with the Postal Service. For example, an entity that sells postage to its customers, but uses a PC Postage provider to enable its customers to print postage labels, is a ``reseller'' hereunder. If that entity collects postage revenue from its customers and transmits it to the Postal Service directly (instead of through the PC Postage provider) that entity shall be deemed a ``PC Postage provider'' hereunder. (2)(i) For the purposes of this paragraph, a postage adjustment is defined as the difference between the postage or fee paid for a service offered by the Postal Service and the published or negotiated rate for that service indicating the postage due to the Postal [[Page 61160]] Service, at the time the mail piece is entered into the mailstream. (ii) When the collection of a postage adjustment or the provision of a refund is appropriate because a customer has underpaid or overpaid the amount of postage that should have been paid, and such postage adjustment exceeds a threshold amount to be set by the Postal Service from time to time in its sole discretion, the PC Postage provider shall, upon the Postal Service's request, take steps to pay, collect, or refund, as applicable, the postage adjustment. The Postal Service will supply the PC Postage provider with the details necessary to explain the correction and the amount of the postage adjustment to be used in the adjustment process. As part of this process, the PC Postage provider shall enable customers to submit electronic disputes of postage collections to the Postal Service. (iii)(A) In the case of an underpayment that exceeds the threshold amount, the PC Postage provider is required to pay the postage adjustment directly to the Postal Service; notify the customer and take steps to collect the postage adjustment, including but not limited to adjusting the funds available to the customer in the Postage Evidencing System; or (if directed by the Postal Service) facilitate customer payment by invoicing the customer or using other methods available to access funds of the customer. (B) In the case of an overpayment that exceeds the threshold amount, the PC Postage provider is required to notify the customer and take steps to refund the postage adjustment or provide a credit to the customer. (C) In either case, the PC Postage provider is required to address any postage discrepancies within a time period to be set by the Postal Service not to exceed 60 calendar days after initial notification by the Postal Service, subject to any applicable notification periods and dispute mechanisms that may be available to customers for these corrections. (iv)(A) When an underpayment has occurred, the PC Postage provider shall prohibit the customer from printing additional postage labels until the postage adjustment is satisfied. The Postal Service may, in its sole discretion, waive or delay this prohibition in specific instances. (B) Separately, in certain cases, such as where a customer is suspected of having intentionally or repeatedly underpaid postage, the Postal Service may, in its sole discretion, instruct the PC Postage provider to temporarily suspend or permanently shut down a customer's ability to print PC Postage, and the PC Postage provider shall promptly comply with such instruction. (v) The Postal Service, in its sole discretion, may adopt and modify from time to time, and the PC Postage providers shall comply with, business rules, developed in conjunction with the PC Postage providers setting forth processes (including time constraints) for payments, refunds, collections, notifications, dispute resolutions and other activities to be performed hereunder. (3)(i) Without regard to any threshold, if the PC Postage provider incorrectly programmed postage rates, delayed programming postage rate changes, or otherwise provided systems or software which caused customers to pay incorrect postage amounts, then within two calendar weeks of the PC Postage provider being made aware of such error, the PC Postage provider shall: (A) Correct the programming error; and (B) Provide the Postal Service with a detailed breakdown of how the error affected the PC Postage provider's collection of revenue. (ii) Without regard to any threshold, in the event of an underpayment, the PC Postage provider shall pay the Postal Service for the postage deficiency, except in instances where the error was caused by the Postal Service. (4) The PC Postage provider is responsible for ensuring that: (i) All customers pay (and the Postal Service receives) the current published prices or their negotiated contracted prices that are available to mailers who purchase postage through an approved PC Postage provider, in accordance with this paragraph; and (ii) All payments to the Postal Service (or the log files necessary for the Postal Service to collect payments directly from customers) are complete and accurate and are initiated or transmitted, as applicable, to the Postal Service each day. (5) Each PC Postage provider: (i) Is responsible for informing customers and obtaining electronic acceptance from customers to ensure that customers are informed, understand and agree to these payment terms, including that customers may be charged for deficient payments before their initial software installation is completed; (ii) Shall comply with applicable laws, rules and regulations and ensure that its Postage Evidencing System, software, interfaces, communications and other properties that are used to sell or market postal products accurately describe such products; (iii) Shall cover any costs that the Postal Service may incur as a result of such PC Postage provider or its employees, contractors, or representatives failing to comply with the terms of this section; or any applicable law, regulation, rule, or government policy; and (iv) In performing its obligations hereunder, shall comply with the APV SOP and all agreed-to interface documentation (as updated from time to time). Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2016-21258 Filed 9-2-16; 8:45 am] BILLING CODE 7710-12-P
![Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Proposed Rules 61159
a share of those activities equal to or agreements between such employers List of Subjects in 39 CFR Part 501
greater than the share it would and their employees. Administrative practice and
otherwise receive if it were not a title I (Authority: 20 U.S.C. 6321(b) and (d)) procedure.
school, and the LEA distributes to
schools under paragraph (b)(1) of this
[FR Doc. 2016–20989 Filed 9–2–16; 8:45 am] Accordingly, for the reasons stated,
section almost all of the State and local BILLING CODE 4000–01–P the Postal Service proposes to amend 39
funds available to it for current CFR part 501 as follows:
expenditures as defined in section PART 501—AUTHORIZATION TO
8101(12) of the ESEA. MANUFACTURE AND DISTRIBUTE
(B) Districtwide activities— POSTAL SERVICE
POSTAGE EVIDENCING SYSTEMS
(1) May include, for example, 39 CFR Part 501
districtwide administrative costs, ■ 1. The authority citation for 39 CFR
districtwide programs such as summer Revisions to the Requirements for part 501 continues to read as follows:
school or preschool, and personnel Authority To Manufacture and Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
providing districtwide services such as Distribute Postage Evidencing 401, 403, 404, 410, 2601, 2605, Inspector
curriculum development or data Systems General Act of 1978, as amended (Pub. L. 95–
analyses; but 452, as amended); 5 U.S.C. App. 3.
(2) May not include personnel or non- AGENCY: Postal ServiceTM.
personnel resources associated with an ■ 2. In § 501.16, revise paragraph (i) to
ACTION: Proposed rule.
individual school. read as follows:
(3) Transition timeline. (i) No later SUMMARY: The Postal Service proposes a § 501.16 PC postage payment
than December 10, 2017, an LEA must— further revision to the rules concerning methodology.
(A) Demonstrate to the SEA that it has PC postage payment methodology. This * * * * *
a methodology for allocating State and change would add supplementary (i) Revenue assurance. (1) The PC
local funds to schools that meets the information to clarify the revenue Postage provider must support business
requirements in paragraph (b) of this assurance guidelines. practices to assure Postal Service
section that the LEA will use no later
DATES: Submit comments on or before revenue and accurate payment from
than the 2018–2019 school year; or
(B) Submit a plan to the SEA for how October 6, 2016. customers. For purposes of this
it will fully implement a methodology ADDRESSES: Mail or deliver written paragraph and the Automated Package
that meets the requirements in comments to the Manager, Payment Verification (APV) Standard Operating
paragraph (b) of this section beginning Technology, U.S. Postal Service®, 475 Procedure (SOP) document available at
no later than the 2019–2020 school year. L’Enfant Plaza SW., Room 3500, https://ribbs.usps.gov/
(ii) Prior to either the 2018¥2019 or Washington DC 20260. You may inspect index.cfm?page=apvs, PC Postage
2019¥2020 school year, as applicable and photocopy all written comments at provider and PC Postage vendor shall
under paragraph (b)(3)(i) of this section, the Payment Technology office by mean providers who offer PC Postage
an LEA may use either— appointment only between the hours of products (as such terms are defined in
(A) The method of compliance it will 9 a.m. and 4 p.m., Monday through § 501.1) and shall also include Click-N-
use to comply with paragraph (b) of this Friday by calling 1–202–268–7613 in Ship and postage resellers when such
section; or advance. Email and faxed comments are resellers transmit postage revenue to the
(B) The method of compliance it used not accepted. Postal Service in any manner other than
for complying with the applicable title through a PC Postage provider. With
FOR FURTHER INFORMATION CONTACT: respect to such transactions, the
I supplement not supplant requirement Marlo Kay Ivey, Business Systems
in effect on December 9, 2015. resellers, and not the PC Postage
Analyst, Payment Technology, U.S. providers who provide the labels, are
(4) Rules of construction. (i) Nothing
Postal Service, (202) 268–7613. responsible for complying with this
in this section shall be construed to
require the forced or involuntary SUPPLEMENTARY INFORMATION: On July paragraph. For the purpose of this
transfer of any school personnel. 17, 2015, the United States Postal paragraph, a reseller is an entity that
(ii)(A) Nothing in this section shall be Service published a final rule to revise obtains postage through a PC Postage
construed to require equalized spending the rules concerning authorization to provider and is authorized to resell such
per pupil for a State, LEA, or school. manufacture and distribute postage postage to its customers pursuant to an
(B) Equalized spending per pupil evidencing systems and to reflect new agreement with the Postal Service. For
means equal expenditures per pupil as revenue assurance practices (80 FR example, an entity that sells postage to
reported under section 1111(h)(1)(C)(x) 42392). Postage collection under the its customers, but uses a PC Postage
of the ESEA. new rules will start on March 20, 2017. provider to enable its customers to print
(iii) Nothing in this section requires This document proposes additional postage labels, is a ‘‘reseller’’ hereunder.
an LEA to adopt a specific methodology changes with regard to revenue If that entity collects postage revenue
to allocate State and local funds to assurance which would support our from its customers and transmits it to
comply with the supplement not efforts to collect the appropriate revenue the Postal Service directly (instead of
supplant requirement. on mail pieces in a more automated through the PC Postage provider) that
(iv) Nothing in this section shall be fashion. If adopted, the proposed entity shall be deemed a ‘‘PC Postage
sradovich on DSK3GMQ082PROD with PROPOSALS
construed to alter or otherwise affect the clarifying changes would also be provider’’ hereunder.
rights, remedies, and procedures implemented on March 20, 2017. The (2)(i) For the purposes of this
afforded to school or LEA employees revenue assurance guidelines can be paragraph, a postage adjustment is
under Federal, State, or local laws found in 39 CFR 501.16, and on https:// defined as the difference between the
(including applicable regulations or ribbs.usps.gov in the site index of postage or fee paid for a service offered
court orders) or under the terms of Automated Package Verification (APV) by the Postal Service and the published
collective bargaining agreements, documents, named APV Standard or negotiated rate for that service
memoranda of understanding, or other Operating Procedure (SOP). indicating the postage due to the Postal
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![61160 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Proposed Rules
Service, at the time the mail piece is customer’s ability to print PC Postage, (iii) Shall cover any costs that the
entered into the mailstream. and the PC Postage provider shall Postal Service may incur as a result of
(ii) When the collection of a postage promptly comply with such instruction. such PC Postage provider or its
adjustment or the provision of a refund (v) The Postal Service, in its sole employees, contractors, or
is appropriate because a customer has discretion, may adopt and modify from representatives failing to comply with
underpaid or overpaid the amount of time to time, and the PC Postage the terms of this section; or any
postage that should have been paid, and providers shall comply with, business applicable law, regulation, rule, or
such postage adjustment exceeds a rules, developed in conjunction with government policy; and
threshold amount to be set by the Postal the PC Postage providers setting forth (iv) In performing its obligations
Service from time to time in its sole processes (including time constraints) hereunder, shall comply with the APV
discretion, the PC Postage provider for payments, refunds, collections, SOP and all agreed-to interface
shall, upon the Postal Service’s request, notifications, dispute resolutions and documentation (as updated from time to
take steps to pay, collect, or refund, as other activities to be performed time).
applicable, the postage adjustment. The hereunder. Stanley F. Mires,
Postal Service will supply the PC (3)(i) Without regard to any threshold,
Attorney, Federal Compliance.
Postage provider with the details if the PC Postage provider incorrectly
necessary to explain the correction and [FR Doc. 2016–21258 Filed 9–2–16; 8:45 am]
programmed postage rates, delayed
the amount of the postage adjustment to programming postage rate changes, or BILLING CODE 7710–12–P
be used in the adjustment process. As otherwise provided systems or software
part of this process, the PC Postage which caused customers to pay
provider shall enable customers to incorrect postage amounts, then within DEPARTMENT OF COMMERCE
submit electronic disputes of postage two calendar weeks of the PC Postage
collections to the Postal Service. provider being made aware of such National Oceanic and Atmospheric
(iii)(A) In the case of an error, the PC Postage provider shall: Administration
underpayment that exceeds the (A) Correct the programming error;
threshold amount, the PC Postage and 50 CFR Part 217
provider is required to pay the postage (B) Provide the Postal Service with a [Docket No. 160405311–6664–01]
adjustment directly to the Postal detailed breakdown of how the error
Service; notify the customer and take RIN 0648–BF95
affected the PC Postage provider’s
steps to collect the postage adjustment, collection of revenue. Taking and Importing Marine
including but not limited to adjusting (ii) Without regard to any threshold, Mammals; Taking Marine Mammals
the funds available to the customer in in the event of an underpayment, the PC Incidental to Rehabilitation of the Jetty
the Postage Evidencing System; or (if Postage provider shall pay the Postal System at the Mouth of the Columbia
directed by the Postal Service) facilitate Service for the postage deficiency, River: Jetty A, North Jetty, and South
customer payment by invoicing the except in instances where the error was Jetty, in Washington and Oregon;
customer or using other methods caused by the Postal Service. Correction
available to access funds of the (4) The PC Postage provider is
customer. responsible for ensuring that: AGENCY: National Marine Fisheries
(B) In the case of an overpayment that (i) All customers pay (and the Postal Service (NMFS), National Oceanic and
exceeds the threshold amount, the PC Service receives) the current published Atmospheric Administration (NOAA),
Postage provider is required to notify prices or their negotiated contracted Commerce.
the customer and take steps to refund prices that are available to mailers who ACTION: Proposed rule; correction;
the postage adjustment or provide a purchase postage through an approved extension of public comment period.
credit to the customer. PC Postage provider, in accordance with
(C) In either case, the PC Postage this paragraph; and SUMMARY: This document corrects a
provider is required to address any (ii) All payments to the Postal Service typographical error in the ADDRESSES
postage discrepancies within a time (or the log files necessary for the Postal section to a proposed rule published on
period to be set by the Postal Service not Service to collect payments directly August 25, 2016.
to exceed 60 calendar days after initial from customers) are complete and DATES: Comments on the proposed rule
notification by the Postal Service, accurate and are initiated or must be submitted no later than October
subject to any applicable notification transmitted, as applicable, to the Postal 6, 2016.
periods and dispute mechanisms that Service each day. ADDRESSES: You may submit comments
may be available to customers for these (5) Each PC Postage provider: on this document identified by NOAA–
corrections. (i) Is responsible for informing NMFS–2016–0108, by any of the
(iv)(A) When an underpayment has customers and obtaining electronic following methods:
occurred, the PC Postage provider shall acceptance from customers to ensure • Electronic Submissions: Submit all
prohibit the customer from printing that customers are informed, understand electronic public comments via the
additional postage labels until the and agree to these payment terms, Federal e-Rulemaking Portal. Go to
postage adjustment is satisfied. The including that customers may be www.regulations.gov, enter NOAA–
Postal Service may, in its sole charged for deficient payments before NMFS–2016–0108 in the ‘‘Search’’ box,
discretion, waive or delay this their initial software installation is click the ‘‘Comment Now!’’ icon,
sradovich on DSK3GMQ082PROD with PROPOSALS
prohibition in specific instances. completed; complete the required fields, and enter
(B) Separately, in certain cases, such (ii) Shall comply with applicable or attach your comments.
as where a customer is suspected of laws, rules and regulations and ensure • Mail: Submit written comments to
having intentionally or repeatedly that its Postage Evidencing System, Jolie Harrison, Chief, Permits and
underpaid postage, the Postal Service software, interfaces, communications Conservation Division, Office of
may, in its sole discretion, instruct the and other properties that are used to sell Protected Resources, National Marine
PC Postage provider to temporarily or market postal products accurately Fisheries Service, 1315 East-West
suspend or permanently shut down a describe such products; Highway, Silver Spring, MD 20910.
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Document Created: 2018-02-09 12:04:02
Document Modified: 2018-02-09 12:04:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Submit comments on or before October 6, 2016. | |
| Contact | Marlo Kay Ivey, Business Systems Analyst, Payment Technology, U.S. Postal Service, (202) 268-7613. | |
| FR Citation | 81 FR 61159 |
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