82 FR 1294 - Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems; Customized Postage Products
POSTAL SERVICE Federal Register Volume 82, Issue 3 (January 5, 2017)
Federal Register Volume 82, Issue 3 (January 5, 2017)
| Page Range | 1294-1296 | |
| FR Document | 2016-31856 |
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)] [Proposed Rules] [Pages 1294-1296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31856] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 501 Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems; Customized Postage Products AGENCY: Postal Service. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Postal Service proposes to amend its Postage Evidencing Systems regulations to add standardized requirements for the authorization to produce Customized Postage products, a Special Service approved by the Postal Regulatory Commission. Customized Postage products are provided through authorized Postage Evidencing System manufacturer-distributors or through companies affiliated with authorized Postage Evidencing System manufacturer-distributors and approved by the Postal Service. During the development of this service, the requirements for authorization to produce Customized Postage products have been described in Federal Register notices and in individual approval letters issued to providers. These amendments would give regulatory form to the existing requirements for authorization to produce Customized Postage products, and incorporate procedures for the protection of Postal Service business interests. DATES: Comments must be received on or before February 6, 2017. ADDRESSES: Mail or deliver written comments to the Manager, Payment Technology, U.S. Postal Service[supreg], 475 L'Enfant Plaza SW., Room 3500, Washington, DC 20260. You may inspect and photocopy all written comments at the Payment Technology office by appointment only between the hours of 9 a.m. and 4 p.m., Monday through Friday by calling 1-202- 268-7613 in advance. Email and faxed comments are not accepted. FOR FURTHER INFORMATION CONTACT: Christy Noel, Legal Policy & Legislative Advice, U.S. Postal Service, (202) 268-3484. SUPPLEMENTARY INFORMATION: The Postal Reorganization Act authorizes the Postal Service to provide such evidence of postage payment ``as may be necessary or desirable.'' 39 U.S.C. 404(a)(4). The Postal Service exercises this authority through 39 CFR part 501, which protects postal revenues by regulation of manufacturer-distributors of Postage Evidencing Systems. Customized Postage products were developed through market tests allowing Authorized Postage Evidencing System providers to combine evidence of prepayment of postage with a customer-selected or customer-provided graphic image for printing and fulfillment. See, 70 FR 21821 (April 27, 2005); 71 FR 12718 (March 13, 2006). Subsequently, Customized Postage products were approved as a Special Service by the Postal Regulatory Commission. See, 75 FR 11452, 11459 (March 11, 2010). These proposed amendments to 39 CFR 501 would create standardized definitions, requirements, and procedures applicable to the authorization to provide Customized Postage products, and incorporate protections for the Postal Service's legal, financial, or brand interests. Existing providers of Customized Postage products would be able to continue provision of Customized Postage products for the remainder of the product year in accordance with these revisions upon their effective date, and subject to any requirements set forth in individual authorization letters. Alternatively, existing providers would be able to discontinue provision of Customized Postage products and request a refund from the Postal Service of their annual fee, pro- rated for the remainder of the product year. List of Subjects in 39 CFR Part 501 Administrative practice and procedure. Accordingly, for the reasons discussed above, the Postal Service proposes to amend 39 CFR part 501 as follows: PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS 0 1. The authority citation for 39 CFR part 501 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95- 452, as amended); 5 U.S.C. App. 3. [[Page 1295]] 0 2. In Sec. 501.1, revise paragraph (d) and add paragraph (h) to read as follows: Sec. 501.1 Definitions. * * * * * 501.1 Definitions. * * * * * (d) A provider is: (1) A person or entity authorized under this section to manufacture or distribute Postage Evidencing Systems to customers; or (2) A company that is: (i) Affiliated under conditions respecting postage revenue security with a person or entity authorized under this section to manufacture or distribute Postage Evidencing Systems to customers; and (ii) Authorized by the Postal Service to produce Customized Postage products in accordance with this section and subject to all procedures and regulations set forth throughout this section and to any additional requirements set forth in individual approval letters. * * * * * (h) Customized Postage products are products combining barcode indicia of postage payment with digital, graphic, or pictorial images or text. Customers select or provide images or text that meet Eligibility Criteria established by the Postal Service, and the image or text is combined with the barcode indicia by providers and printed under controlled conditions for mailing to customers. 0 3. In Sec. 501.6, remove the term ``PT'' wherever it appears and add in its place the term ``the Postal Service''; and revise paragraph (a), the final sentence of paragraph (b), paragraph (c)(1), and paragraph (f) to read as follows: Sec. 501.6 Suspension and Revocation of Authorization. (a) The Postal Service may suspend or revoke authorization to manufacture or distribute any or all of a provider's approved Postage Evidencing Systems, or to produce Customized Postage products, if the provider engages in any unlawful scheme or enterprise; fails to comply with any provision in this Part 501, or any provision in an individual approval letter; fails to implement instructions issued in accordance with any final decision issued by the Postal Service within its authority over Postage Evidencing Systems or Customized Postage products; or if the Postage Evidencing Systems, Customized Postage products, or infrastructure of the provider is determined to constitute an unacceptable risk to Postal Service business interests, including legal, financial, or brand interests. (b) * * * Before determining that a provider's authorization to manufacture or distribute Postage Evidencing Systems or to produce Customized Postage products should be suspended or revoked, the procedures in paragraph (c) of this section shall be followed. (c)(1) Suspension or revocation procedures: Upon determination by the Postal Service that a provider is in violation of a provision of this part, or that its Postage Evidencing System or Customized Postage products pose an unacceptable risk to Postal Service business interests, including legal, financial, or brand interests, the Postal Service shall issue a written notice of proposed suspension citing the specific conditions or deficiencies for which suspension may be imposed. Except in cases of willful violation, the provider shall be given an opportunity to correct deficiencies and achieve compliance within a time limit corresponding to the potential risk to Postal Service business interests. * * * * * (f) An order or final decision under this section does not preclude any other remedy that is available by law to the Postal Service, the United States, or any other person or entity. 0 4. In Sec. 501.7(c), in the first sentence, remove the words ``postal evidencing system'' and add in their place the words ``postage meter''. 0 5. Revise Sec. 501.13 to read as follows: Sec. 501.13 False Representations of Postal Service Actions. Providers, their agents, and employees must not misrepresent to customers of the Postal Service any decisions, actions, or proposed actions of the Postal Service respecting its regulation of Postage Evidencing Systems or Customized Postage products. The Postal Service reserves the right pursuant to Sec. 501.6 to suspend or revoke the authorization to manufacture or distribute Postage Evidencing Systems or to produce Customized Postage when it determines that the provider, its agents, or employees failed to comply with this section. 0 6. Add Sec. 501.21 to read as follows: Sec. 501.21 Customized Postage Products. (a) Eligibility Criteria. The Postal Service reserves the right to determine independently whether any image, text, or category of images or texts meets any of the Eligibility Criteria contained in this section. To be eligible for use in Customized Postage products, images and/or text must meet criteria established by the Postal Service, which are: (1) Images or text must not contain: (i) Any image or text the customer or provider does not have the right to use either directly or under license, including but not limited to images or text that may be the subject of third party rights such as copyright, trademarks, or rights of publicity or privacy; (ii) Any depiction of alcohol; tobacco; controlled substances, including but not limited to marijuana; gambling; or firearms or other weapons; (iii) Any depiction of political, religious, violent or sexual content, including content not suitable for minors; or (iv) Any depiction of any other subject matter prohibited for display under U.S. law. (2) Images or text must be ``commercial'' or ``social,'' as defined below: (i) Commercial means intended for no other purpose than the sale of goods or services in commerce. (ii) Social means promoting or depicting people, animals, items, or events commonly associated with friendly relations or companionship and likely to generate invitations, announcements, notices, thank you notes, RSVPs, or similar correspondence. (b) Customized Postage provider authorization is conditioned on the following requirements: (1) Use of Eligibility Criteria in purchases. Providers must use only the Eligibility Criteria set forth in paragraph (a) of this subsection in providing or accepting images and/or text for Customized Postage products. Providers may not use any other eligibility criteria, represent the use of any other eligibility criteria to customers, or otherwise give the appearance that any eligibility criteria other than the Eligibility Criteria set forth in paragraph (a) of this subsection apply to purchases of Customized Postage products. (2) Use of Eligibility Criteria in promotional material. Providers must ensure that any images and/or text used in providing or promoting Customized Postage products, for individual sale or as part of a category of images and/or text provided or made available for customer selection, displayed on provider Web sites or in any medium, including without limitation exemplars, ordering templates, customization options, or customer correspondence: (i) Are fully compatible with the Eligibility Criteria set forth in paragraph (a) of this subsection; and (ii) Do not give the appearance that images that are not fully compatible with the Eligibility Criteria set forth in [[Page 1296]] paragraph (a) of this subsection are available or offered for purchase through providers or otherwise. (3) Disassociation from U.S. stamps. Providers must not refer to Customized Postage products as ``stamps'' or make any other representations tending to imply that Customized Postage products are related in any way to official U.S. postage stamps or to any aspect of the Postal Service philatelic program. (4) Authorization fee and Eligibility Criteria audit. Providers must pay an annual authorization fee and participate in any audit conducted by the Postal Service to ensure that the customer-selected or -provided images or text displayed on Customized Postage products or in the promotion in any medium of Customized Postage products are in compliance with the Eligibility Guidelines set forth in paragraph (a) of this subsection. (5) Individual authorization letters. Additional conditions and requirements for provider authorization may be set forth in individual provider authorization letters. (6) Correspondence. The Postal Service office responsible for administration of this part is the Office of Brand Marketing or its successor organization. All correspondence with the Postal Service required by this part is to be made to this office in person or via mail to 475 L'Enfant Plaza SW., Room 5117, Washington, DC 20260-0004. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2016-31856 Filed 1-4-17; 8:45 am] BILLING CODE 7710-12-P
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organization in writing that such meet the requirements of paragraph (c) FOR FURTHER INFORMATION CONTACT:
organization has been designated as an of this section must resubmit all of the Christy Noel, Legal Policy & Legislative
ecclesiastical endorsing organization. evidence stated in paragraph (d) of this Advice, U.S. Postal Service, (202) 268–
The designation will be for a period of section in order to be reconsidered as an 3484.
3 years from the date of notification. endorsing organization. SUPPLEMENTARY INFORMATION: The Postal
Once an organization is designated as an (4) If an ecclesiastical endorsing Reorganization Act authorizes the Postal
ecclesiastical endorsing organization, organization is no longer able to endorse Service to provide such evidence of
VA will accept ecclesiastical individuals for VA chaplaincy in postage payment ‘‘as may be necessary
endorsements from that organization accordance with this section, all or desirable.’’ 39 U.S.C. 404(a)(4). The
without requiring any further ecclesiastical endorsements issued by Postal Service exercises this authority
documentation from the organization that organization are considered to be
through 39 CFR part 501, which protects
during the 3 year period, unless VA withdrawn.
postal revenues by regulation of
receives evidence that an organization [FR Doc. 2016–31949 Filed 1–4–17; 8:45 am] manufacturer-distributors of Postage
no longer meets the requirements of this BILLING CODE 8320–01–P Evidencing Systems. Customized
section. VA will only take action on an Postage products were developed
initial request to designate an through market tests allowing
ecclesiastical endorsing official when POSTAL SERVICE Authorized Postage Evidencing System
VA receives an application from an providers to combine evidence of
individual who is seeking employment 39 CFR Part 501 prepayment of postage with a customer-
as a VA chaplain or is seeking to be
selected or customer-provided graphic
engaged under VA contract or appointed Revisions to the Requirements for
Authority To Manufacture and image for printing and fulfillment. See,
as on-facility fee basis VA chaplains
Distribute Postage Evidencing 70 FR 21821 (April 27, 2005); 71 FR
under 38 U.S.C. 7405.
(f) Reporting requirement. (1) To Systems; Customized Postage 12718 (March 13, 2006). Subsequently,
certify that VA chaplains continue to be Products Customized Postage products were
endorsed by an ecclesiastical endorsing approved as a Special Service by the
AGENCY: Postal Service. Postal Regulatory Commission. See, 75
organization, such organization must
provide VA an alphabetical listing of ACTION: Proposed rule. FR 11452, 11459 (March 11, 2010).
individuals who are endorsed by that These proposed amendments to 39 CFR
SUMMARY: The Postal Service proposes 501 would create standardized
endorsing organization and are to amend its Postage Evidencing
employed as VA chaplains or are definitions, requirements, and
Systems regulations to add standardized procedures applicable to the
engaged by VA under contract or requirements for the authorization to
appointed as on-facility fee basis VA authorization to provide Customized
produce Customized Postage products, a Postage products, and incorporate
chaplains under 38 U.S.C. 7405 by Special Service approved by the Postal
January 1 of every calendar year. protections for the Postal Service’s legal,
Regulatory Commission. Customized financial, or brand interests. Existing
(2) In order for VA to continue to Postage products are provided through
recognize an ecclesiastical endorsing providers of Customized Postage
authorized Postage Evidencing System products would be able to continue
organization, such organization must manufacturer-distributors or through
provide written documentation that it provision of Customized Postage
companies affiliated with authorized products for the remainder of the
continues to meet the requirements of Postage Evidencing System
this section every 3 years. product year in accordance with these
manufacturer-distributors and approved revisions upon their effective date, and
(g) Rescission of ecclesiastical
by the Postal Service. During the subject to any requirements set forth in
endorsing organization. VA may rescind
development of this service, the individual authorization letters.
an organization’s status as an
requirements for authorization to Alternatively, existing providers would
ecclesiastical endorsing organization
produce Customized Postage products be able to discontinue provision of
and refuse to accept ecclesiastical
have been described in Federal Register Customized Postage products and
endorsements from such organization if
notices and in individual approval request a refund from the Postal Service
it no longer meets the requirements of
letters issued to providers. These of their annual fee, pro-rated for the
paragraph (c) of this section. VA will
amendments would give regulatory form remainder of the product year.
take the following steps before it
to the existing requirements for
rescinds the organization’s status: List of Subjects in 39 CFR Part 501
(1) VA will give the ecclesiastical authorization to produce Customized
endorsing organization written notice Postage products, and incorporate Administrative practice and
stating the reasons for the rescission and procedures for the protection of Postal procedure.
give the organization 60 days to provide Service business interests.
Accordingly, for the reasons
a written reply addressing VA’s DATES: Comments must be received on
discussed above, the Postal Service
concerns. or before February 6, 2017. proposes to amend 39 CFR part 501 as
(2) VA will notify the ecclesiastical ADDRESSES: Mail or deliver written follows:
endorsing organization and all VA comments to the Manager, Payment
chaplains endorsed by the organization Technology, U.S. Postal Service®, 475 PART 501—AUTHORIZATION TO
in writing of its decision after VA L’Enfant Plaza SW., Room 3500, MANUFACTURE AND DISTRIBUTE
mstockstill on DSK3G9T082PROD with PROPOSALS
reviews the evidence provided by the Washington, DC 20260. You may POSTAGE EVIDENCING SYSTEMS
organization or after the 60 day time inspect and photocopy all written
period has expired, whichever comes comments at the Payment Technology ■ 1. The authority citation for 39 CFR
first. office by appointment only between the part 501 continues to read as follows:
(3) Ecclesiastical endorsing hours of 9 a.m. and 4 p.m., Monday Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
organizations that are notified that they through Friday by calling 1–202–268– 401, 403, 404, 410, 2601, 2605, Inspector
may no longer endorse individuals for 7613 in advance. Email and faxed General Act of 1978, as amended (Pub. L. 95–
VA chaplaincy because they do not comments are not accepted. 452, as amended); 5 U.S.C. App. 3.
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![1296 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules
paragraph (a) of this subsection are and November 29, 2016. The SIP second comment period on this
available or offered for purchase submittals include changes to GA EPD’s document. Any parties interested in
through providers or otherwise. air quality rules that modify definitions. commenting on this document should
(3) Disassociation from U.S. stamps. The portions of the SIP revisions that do so at this time.
Providers must not refer to Customized EPA is proposing to approve are Dated: December 15, 2016.
Postage products as ‘‘stamps’’ or make consistent with the requirements of the
Heather McTeer Toney,
any other representations tending to Clean Air Act (CAA or Act).
Regional Administrator, Region 4.
imply that Customized Postage products DATES: Written comments must be
[FR Doc. 2016–31754 Filed 1–4–17; 8:45 am]
are related in any way to official U.S. received on or before February 6, 2017.
postage stamps or to any aspect of the BILLING CODE 6560–50–P
ADDRESSES: Submit your comments,
Postal Service philatelic program. identified by Docket ID No. EPA–R04–
(4) Authorization fee and Eligibility OAR–2016–0468 at http://
Criteria audit. Providers must pay an www.regulations.gov. Follow the online DEPARTMENT OF THE INTERIOR
annual authorization fee and participate instructions for submitting comments.
in any audit conducted by the Postal Fish and Wildlife Service
Once submitted, comments cannot be
Service to ensure that the customer- edited or removed from Regulations.gov.
selected or -provided images or text 50 CFR Part 17
EPA may publish any comment received
displayed on Customized Postage to its public docket. Do not submit [Docket No. FWS–R8–ES–2016–0127;
products or in the promotion in any electronically any information you FXES11130900000 167 FF09E42000]
medium of Customized Postage consider to be Confidential Business RIN 1018–BB39
products are in compliance with the Information (CBI) or other information
Eligibility Guidelines set forth in whose disclosure is restricted by statute. Endangered and Threatened Wildlife
paragraph (a) of this subsection. Multimedia submissions (audio, video, and Plants; Removing Trichostema
(5) Individual authorization letters. etc.) must be accompanied by a written austromontanum ssp. compactum
Additional conditions and requirements comment. The written comment is (Hidden Lake Bluecurls) From the
for provider authorization may be set considered the official comment and Federal List of Endangered and
forth in individual provider should include discussion of all points Threatened Plants
authorization letters. you wish to make. EPA will generally
(6) Correspondence. The Postal not consider comments or comment AGENCY: Fish and Wildlife Service,
Service office responsible for contents located outside of the primary Interior.
administration of this part is the Office submission (i.e. on the web, cloud, or ACTION: Proposed rule; availability of a
of Brand Marketing or its successor other file sharing system). For draft post-delisting monitoring plan.
organization. All correspondence with additional submission methods, the full
the Postal Service required by this part EPA public comment policy, SUMMARY: We, the U.S. Fish and
is to be made to this office in person or information about CBI or multimedia Wildlife Service (Service), propose to
via mail to 475 L’Enfant Plaza SW., submissions, and general guidance on remove the plant Trichostema
Room 5117, Washington, DC 20260– making effective comments, please visit austromontanum ssp. compactum
0004. http://www2.epa.gov/dockets/ (Hidden Lake bluecurls) from the
commenting-epa-dockets. Federal List of Endangered and
Stanley F. Mires, Threatened Plants on the basis of
FOR FURTHER INFORMATION CONTACT:
Attorney, Federal Compliance. recovery. This determination is based
Sean Lakeman, Air Regulatory
[FR Doc. 2016–31856 Filed 1–4–17; 8:45 am]
Management Section, Air Planning and on a review of the best available
BILLING CODE 7710–12–P
Implementation Branch, Air, Pesticides scientific and commercial information,
and Toxics Management Division, U.S. which indicates that the threats to T. a.
Environmental Protection Agency, ssp. compactum have been eliminated
ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW., or reduced to the point where it no
AGENCY Atlanta, Georgia 30303–8960. Mr. longer meets the definition of an
Lakeman can be reached by phone at endangered species or a threatened
40 CFR Part 52 species under the Endangered Species
(404) 562–9043 or via electronic mail at
[EPA–R04–OAR–2016–0468; FRL–9957–51– lakeman.sean@epa.gov. Act of 1973, as amended (Act). We are
Region 4] seeking information and comments from
SUPPLEMENTARY INFORMATION: In the
the public regarding this proposed rule
Final Rules section of this Federal and the draft post-delisting monitoring
Air Plan Approval; Georgia:
Register, EPA is approving the State’s (PDM) plan for T. a. ssp. compactum.
Procedures for Testing and Monitoring
implementation plan revision as a direct
Sources of Air Pollutants DATES: We will accept comments
final rule without prior proposal
because the Agency views this as a received or postmarked on or before
AGENCY: Environmental Protection
noncontroversial submittal and March 6, 2017. We must receive
Agency.
anticipates no adverse comments. A requests for public hearings, in writing,
ACTION: Proposed rule. at the address shown in FOR FURTHER
detailed rationale for the approval is set
INFORMATION CONTACT by February 21,
SUMMARY: The Environmental Protection forth in the direct final rule. If no
mstockstill on DSK3G9T082PROD with PROPOSALS
Agency (EPA) is proposing to approve adverse comments are received in 2017.
portions of State Implementation Plan response to this rule, no further activity ADDRESSES: Comment submission: You
(SIP) revisions submitted by the State of is contemplated. If EPA receives adverse may submit comments by one of the
Georgia, through the Georgia comments, the direct final rule will be following methods:
Department of Natural Resources’ withdrawn and all public comments (1) Electronically: Go to the Federal
Environmental Protection Division (GA received will be addressed in a eRulemaking Portal: http://
EPD), on April 11, 2003, November 29, subsequent final rule based on this www.regulations.gov. In the Search box,
2010, July 25, 2014, November 23, 2015, proposed rule. EPA will not institute a enter FWS–R8–ES–2016–0127, which is
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Document Created: 2018-02-01 14:50:48
Document Modified: 2018-02-01 14:50:48
| 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 | Comments must be received on or before February 6, 2017. | |
| Contact | Christy Noel, Legal Policy & Legislative Advice, U.S. Postal Service, (202) 268-3484. | |
| FR Citation | 82 FR 1294 |
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