83_FR_34948 83 FR 34807 - New Mailing Standards for Merchandise Return Service

83 FR 34807 - New Mailing Standards for Merchandise Return Service

POSTAL SERVICE

Federal Register Volume 83, Issue 141 (July 23, 2018)

Page Range34807-34811
FR Document2018-15617

The Postal Service is proposing to revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to provide for new procedures for the processing and rating of Merchandise Return Service (MRS) pieces, and in the future, to transition all current MRS permit holders to use the new procedures.

Federal Register, Volume 83 Issue 141 (Monday, July 23, 2018)
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34807-34811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15617]


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

POSTAL SERVICE

39 CFR Part 111


New Mailing Standards for Merchandise Return Service

AGENCY: Postal ServiceTM.

ACTION: Proposed rule.

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

SUMMARY: The Postal Service is proposing to revise Mailing Standards of 
the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to 
provide for new procedures for the processing and rating of Merchandise 
Return Service (MRS) pieces, and in the future, to transition all 
current MRS permit holders to use the new procedures.

DATES: Submit comments on or before August 22, 2018.

ADDRESSES: Mail or deliver written comments to the manager, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-5015. If sending

[[Page 34808]]

comments by email, include the name and address of the commenter and 
send to ProductClassification@usps.gov with a subject line of 
``Merchandise Return Service''. Faxed comments are not accepted. You 
may inspect and photocopy all written comments, by appointment only, at 
USPS Headquarters Library, 475 L'Enfant Plaza SW, 11th Floor North, 
Washington, DC 20260. These records are available for review Monday 
through Friday, 9 a.m.-4 p.m., by calling 202-268-2906.

FOR FURTHER INFORMATION CONTACT: Direct questions to Karen F. Key by 
email at karen.f.key@usps.gov or phone at (202) 268-7492, or Vicki 
Bosch by email at vicki.m.bosch@usps.gov or phone at (202) 268-4978.

SUPPLEMENTARY INFORMATION: As part of its Package Platform initiative, 
the Postal Service is leveraging the devices that were installed as 
part of the Automated Verification System to enhance the capability of 
equipment used for the processing of package-size mailpieces. The 
upgraded equipment is able to capture near real-time data on mailpiece 
dimensions, weight, mail class or product, and the presence of Extra 
Services, and to transmit these data to Postal Service information 
systems as applicable. The Postal Service is proposing to use this new 
technology to streamline its processes for the identification, rating, 
and postage assessment of returns. Under this process, automated 
package-sorting equipment will identify return packages as they pass 
special scanners, determine the weight, dimension and mail class of the 
packages, use the captured data to determine postage charges associated 
with each package, and enable account holders to pay the postage for 
the returns electronically.
    This improved functionality will generally eliminate the need to 
manually weigh and rate MRS mailpieces, eliminate the scan-based 
payment process used with USPS Return Services (a current category of 
MRS), and eliminate the need for processes to estimate postage for MRS 
pieces via sampling under the Postage Due Weight Averaging Program.
    The Postal Service is now proposing to create a new rating and 
payment methodology within the MRS product line. This new process will 
incorporate features of both traditional MRS and USPS Return Services. 
Returns able to meet the eligibility criteria for this new methodology 
will be categorized under the MRS product line. The new methodology is 
expected to replace the existing USPS Return Services process at some 
point in the near future, and is intended to ultimately eliminate the 
need for the manual rating process used with traditional MRS. The 
Postal Service expects to eliminate the use of USPS Return Services and 
the scan-based payment process no sooner than January 2020 and 
traditional MRS no sooner than January 2021. During the transition to 
the new methodology, the Postal Service intends to work with the 
mailing industry to ensure all existing USPS Return Services and MRS 
permit holders are transitioned to the new process before these 
deadlines arrive. Permit holders who are unable to meet the deadlines 
stated above can contact the Postal Service to request consideration 
for an extension. The Postal Service will evaluate extension requests 
on a case-by-case basis.
    The new methodology will include many of the features associated 
with the current USPS Return Services process, and will be tentatively 
called Automated Returns. The three service categories under Automated 
Returns are proposed to be Automated Priority Mail Returns, Automated 
First-Class Package Returns, and Automated Ground Returns, which will 
be linked to Priority Mail[supreg], First-Class Package 
Service[supreg]--Commercial, and Parcel Select GroundTM 
product prices, respectively.
    For Priority Mail, Commercial Plus[supreg] and Commercial 
Base[supreg] prices are proposed to apply to qualifying Automated 
Returns account holders, based on the payer's outgoing volume. 
Negotiated Service Agreement prices are also expected to be available 
for eligible customers using Automated Returns.
    Similar to the process used with traditional MRS and USPS Return 
Services, the Postal Service does not expect to require account holders 
to pay annual permit fees and/or annual account maintenance fees to 
receive returns under the new Automated Returns methodology.
    Under the new Automated Returns methodology, the Postal Service 
proposes to require authorized permit holders to pay postage and Extra 
Service fees through the Enterprise Payment System (EPS).
    EPS is a new payment system designed to provide a single point for 
all payment-related activities, and will make payments easier for 
permit holders who pay the Postal Service through various payment 
methods or mail from different locations. To use EPS, businesses will 
establish a single account to pay for all products and services. This 
account would be recognized by all postal facilities. Commercial 
mailers will set up an Electronic Payment Account (EPA) that can be 
used for electronic funds transfer, retail deposit, mobile deposit, and 
ACH Debit. Business mailers will be able to view payment information in 
a consolidated format on an EPS dashboard that shows account balances, 
postage statement reports, transactions history, and other information. 
For EPS set-up or support, contact Postalone@usps.gov or call 1-800-
522-9085.
    The Automated Returns methodology is expected to use the same 
prices as those currently applied to USPS Return Services, and to apply 
those prices to each individual return mailpiece in near real time. 
Because of the greater level of accuracy and granularity associated 
with the new process, the Postal Service does not expect current USPS 
Return Services permit holders to be negatively affected. As a result, 
the Postal Service proposes to notify and transition current USPS 
Return Services permit holders meeting the necessary criteria to an EPA 
account automatically, and unless the permit holder objects, to convert 
their permits to the Automated Returns methodology without further 
action required by the permit holder. The Postal Service expects to 
work with current traditional MRS permit holders to eventually 
transition them to the new process.
    The Postal Service proposes to limit Extra Services available for 
the new Automated Returns methodology to Insurance, Signature 
ConfirmationTM, and Certificate of Mailing. USPS 
Tracking[supreg] will still be included as part of the service. The 
Postal Service proposes to omit the options to use Registered 
Mail[supreg], Special Handling, and Return Receipt for Merchandise with 
Automated Returns. Over time, the use of these services has declined, 
and they are now rarely used with MRS. The Postal Service believes that 
permit holders have generally transitioned to other services to replace 
the functions previously filled by these services. The Postal Service 
also proposes to omit the Mailing Acknowledgement option currently used 
with traditional MRS. A mailer may continue to obtain a Certificates of 
Mailing, if the returns piece is brought to the retail service counter.
    It is expected that not all returns mailpieces will be capable of 
being processed on Postal Service automated package sorting equipment. 
Returns containing hazardous materials, such as regulated and sharps 
medical waste and lithium batteries, sometimes bypass mechanized 
processing and are instead manually handled in USPS processing plants. 
The Postal Service proposes to implement an alternative process to 
capture and rate these mailpieces. In

[[Page 34809]]

some cases, the Postal Service expects to use an average price 
generated from the data collected in the prior month and to apply the 
average price to assess the postage for each return.
    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed 
rulemaking by 39 U.S.C. 410(a), the Postal Service invites public 
comments on the following proposed revisions to Mailing Standards of 
the United States Postal Service, Domestic Mail Manual (DMM), 
incorporated by reference in the Code of Federal Regulations. See 39 
CFR 111.1.
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes, if our proposal is adopted.
    Accordingly, 39 CFR part 111 is proposed to be amended as follows:

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

PART 111--[AMENDED]

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

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

0
2. Revise the following sections of 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 Services

* * * * *

505 Return Services

* * * * *
    [Add a new 505.3.8 through 505.3.8.7 to read as follows:]

3.8 Automated Returns

3.8.1 Basic Standards

    Automated Returns allows an authorized shipping products account 
holder to pay the postage and extra service fees on single-piece priced 
Automated Priority Mail Returns, Automated First-Class Package Returns 
and Automated Ground Returns parcels returned to the account holder by 
senders (mailers) via a special barcoded label produced by the account 
holder. Unless otherwise restricted, any mailable matter may be mailed 
using any of the Automated Returns options. Any content that 
constitutes First-Class Mail matter may only be mailed using Automated 
Priority Mail Returns. Automated Returns are subject to the following 
conditions:
    a. Availability: Automated Returns is available to the account 
holder for mailing to the account holder's designated address on the 
USPS Automated Returns label(s).
    b. Payment Guarantee: The account holder must guarantee payment of 
the proper postage and extra service fees (except for insurance, 
Signature Confirmation, and Certificate of Mailing, when purchased by 
the sender) on all parcels returned via a special label produced by the 
account holder. The account holder must have sufficient funds in their 
Electronic Payment Account to pay the postage and extra service fees on 
an ongoing basis.
    c. Where Service Established: Automated Returns accounts may be 
established at any Post Office in the United States and its territories 
and possessions or at any U.S. Military Post Office overseas APO/FPO/
DPO. Automated Returns is not available for returns from any foreign 
country.
    d. Official Mail: Any authorized user of official (penalty) mail 
may use Automated Returns subject to the standards in 703.7.0, which 
supersede any conflicting standards below.

3.8.2 Accounts

    Automated Returns accounts are subject to the following:
    a. Account Application: An approved shipping products account must 
be established to use Automated Returns. Applicants must establish a 
shipping products account by completing PS Form 3615 in hardcopy or 
online through the Business Customer Gateway.
    b. Advance Deposit Account: The account holder must pay postage and 
extra service fees through an Enterprise Payment System (EPS) Account 
(EPS account holder) and agree to the terms and conditions for use of 
such EPS Account.
    c. Application Process: Applicants must have a valid Enterprise 
Payment Account and be registered in the Business Customer Gateway. 
Except for Automated Returns labels generated by the USPS Application 
Program Interface (API), all returns labels that have properly 
constructed Intelligent Mail package barcode approved by the National 
Customer Support Center (NCSC).
    d. Canceled Accounts: If the account is cancelled by the EPS 
account holder, Automated Returns mail bearing the sender's return 
address is returned to the sender; otherwise, it is treated as dead 
mail.
    e. Account Cancellation: The USPS may cancel an account if the EPS 
account holder refuses to accept and pay postage and fees for Automated 
Returns mailpieces, fails to keep sufficient funds in the advance 
deposit account to cover postage and fees, or distributes return labels 
that do not meet USPS standards.
    f. Reapplying After Cancellation: To receive a new account after a 
previous Automated Returns account is canceled, the applicant must 
amend the PS Form 3615 on file to reflect the new application date, or 
reregister in the Business Customer Gateway. If not using labels 
generated by the USPS Application Program Interface (API), applicants 
must submit for approval two samples for each label format to the NCSC. 
In addition, applicants must provide evidence that the reasons for the 
account cancellation are corrected, and maintain funds in their advance 
deposit account sufficient to cover normal returns for at least 2 
weeks.
    g. Using Other Post Offices: The account holder may distribute 
Automated Returns labels for return through other Post Office locations 
when the account holder opens and keeps their advance deposit account 
at the Post Office where the permit is issued and supplies that 
Postmaster the name, address, and telephone number of a representative 
in each additional station or branch if different from the information 
on the application.

3.8.3 Postage and Prices

    Postage and prices are subject to the following:
    a. Postage: Postage is calculated based on the weight of the parcel 
and zone associated with the point or origin and delivery ZIP Code, 
except that postage for Automated First-Class Package Returns is based 
only on the weight of the parcel. Automated Returns mailpieces are 
charged postage and Extra Service fees based on the service type code 
embedded in the Intelligent Mail Package barcode (IMpb). If all or part 
of the IMpb is unreadable, or the mailpiece is unable to be priced 
based on the data collected, postage will be based on the average 
postage per mailpiece recorded for that EPS account holder from the 
previous month or quarter, as applicable. If an EPS account holder has 
no demonstrated payment history, postage will be determined by the 
Postal Service based on data for comparable account holders.
    b. Prices: Prices for Automated Priority Mail Returns, Automated 
First-

[[Page 34810]]

Class Package Returns, and Automated Ground Returns mailpieces are 
charged as follows:
    1. Commercial Base prices are available for account holders using 
Automated Priority Mail Returns, when all applicable requirements are 
met.
    2. Commercial Plus prices are available for Automated Priority Mail 
Returns mailpieces that qualify for Commercial Base prices and for 
which the account holder has a customer commitment agreement with the 
USPS (see 223.1.3).
    3. First-Class Package Service--Commercial prices are available for 
Automated First-Class Package Returns mailpieces when all applicable 
requirements are met.
    4. Commercial Parcel Select Ground prices are available for 
Automated Ground Returns mailpieces when all applicable requirements 
are met.
    c. Extra and Additional Services: The account holder may obtain 
extra and additional services with Automated Returns as follows:
    1. Insurance--Insurance is available for mailpieces that have the 
applicable service type code for insurance imbedded into the IMpb on 
the label, and for which the account holder has provided electronic 
data that supports the value of the merchandise being returned (see 
503.4.2). Only the account holder may file a claim (see 609).
    2. Signature Confirmation--Signature Confirmation service is 
available for Automated Returns (see 503.8.0).
    3. Pickup on Demand Service--Pickup on Demand service is available 
for Automated Returns (see 507.7.0).

3.8.4 Certificate of Mailing

    Customers (mailers) mailing an Automated Returns mailpiece may 
obtain a certificate of mailing at their own expense at the time of 
mailing by presenting the certificate at a Post Office retail unit to 
obtain the receipt.

3.8.5 Labels

    Distribution and preparation of labels are subject to the 
following:
    a. Distribution of Labels: Automated Returns labels may be 
distributed to customers as an enclosure with merchandise, as a 
separate item (including when requested electronically through the 
Business Customer Gateway for printing and delivery to the customer by 
USPS), as an electronic transmission for customer downloading and 
printing, or through one of the account holder's designated pickup 
facilities. Any such label distributed to a customer must meet USPS 
format standards, including the requirement to furnish instructions.
    b. Label Preparation: Automated Returns labels must meet the 
standards in the Parcel Labeling Guide available on the PostalPro 
website. Standard label sizes are 3 inches by 6 inches, 4 inches by 4 
inches, or 4 inches by 6 inches, and must be certified by the USPS for 
use prior to distribution. All other label sizes and other privately 
printed labels require written approval from the NCSC. The label must 
include an Intelligent Mail package barcode, accommodate all required 
information, be legible, and be prepared in accordance with Publication 
199, Intelligent Mail Package Barcode (IMpb) Implementation Guide, 
available on the PostalPro website. EPS account holders or their agents 
may distribute approved return labels and instructions by means 
specified in 3.5.1. EPS account holders or their agents must provide 
written instructions to the label end-user (mailer) as specified in 
3.5.5. Labels cannot be faxed to customers (mailers). If all applicable 
content and format standards are met, Automated Returns labels may be 
produced by any of the following methods:
    1. As an impression printed by the EPS account holder directly onto 
the mailpiece to be returned.
    2. As a separate label preprinted by the EPS account holder to be 
affixed by the customer onto the mailpiece to be returned. The reverse 
side of the label must bear an adhesive strong enough to bond the label 
securely to the mailpiece. Labels must be printed and delivered by USPS 
to the customer when requested electronically by the EPS account holder 
or its agents through the Business Customer Gateway, or provided as an 
electronic file created by the EPS account holder for local output and 
printing by the customer. The electronic file must include instructions 
that explain how to affix the label securely to the mailpiece to be 
returned, and that caution against covering with tape or other material 
any part of the label where postage and fee information is to be 
recorded.
    c. Labeling Instructions: Written instructions must be provided 
with the label that, at a minimum, directs the customer to do the 
following:
    1. ``If your name and address are not already preprinted in the 
return address area, print them neatly in that area or attach a return 
address label there.''
    2. ``Attach the label squarely onto the largest side of the 
mailpiece, centered if possible. Place the label so that it does not 
fold over to another side. Do not place tape over any barcodes on the 
label or any part of the label where postage and fee information will 
be recorded.''
    3. ``Remove or Obliterate any other addresses, barcodes or price 
markings on the outside of the parcel.''
    4. ``Mail the labeled parcel at a Post Office, drop it in a 
collection box, leave it with your letter carrier, or schedule a 
package pickup at usps.com.''

3.8.6 Enter and Deposit

    The EPS account holder's customers may mail the Automated Returns 
mailpiece at any Post Office; any associated office, station, or 
branch; in any collection box (except a Priority Mail Express box); 
with any rural carrier; by package pickup; on business routes during 
regular mail delivery if prior arrangements are made with the carrier; 
as part of a collection run for other mail (special arrangements might 
be required); or at any place designated by the Postmaster for the 
receipt of mail. Automated Returns mailpieces deposited in collection 
boxes without valid return addresses are treated as undeliverable mail.

3.8.7 Additional Standards

    Additional mailing standards applicable to each service option are 
as follows:
    a. Automated Priority Mail Returns may contain any mailable matter 
weighing no more than 70 pounds. APO/FPO mail is subject to 703.2.0 and 
703.4.0, and Department of State mail is subject to 703.3.0. Automated 
Priority Mail Returns receive expeditious handling and transportation, 
with service standards in accordance with Priority Mail. Automated 
Priority Mail Returns mailed under a specific customer agreement is 
charged postage according to the individual agreement. Commercial Base 
and Commercial Plus prices are the same as for outbound Priority Mail 
in Notice 123, Price List.
    b. Automated First-Class Package Returns handling, transportation, 
and eligibility of contents are the same as for outbound First-Class 
Package Service -- Commercial parcels under 283. Automated First-Class 
Package Returns may not contain documents or personal correspondence, 
except that such parcels may contain invoices, receipts, incidental 
advertising, and other documents that relate in all substantial 
respects to merchandise contained in the parcels.
    c. Automated Ground Returns provides ground transportation for 
mailpieces containing mailable matter weighing no more than 70 pounds 
and meeting the content standards in 153.3.0. Automated Ground Returns 
assumes the handing and transportation

[[Page 34811]]

and service objectives for delivery of USPS Retail Ground.
* * * * *

Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2018-15617 Filed 7-20-18; 8:45 am]
BILLING CODE 7710-12-P



                                                                            Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules                                                      34807

                                                  Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–               eVS parcels. An Intelligent Mail barcode                   604 Postage Payment Methods and
                                                307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,                   in the address block must be placed                        Refunds
                                                401, 403, 404, 414, 416, 3001–3011, 3201–                  according to 5.3.
                                                3219, 3403–3406, 3621, 3622, 3626, 3632,                                                                              *       *        *   *    *
                                                3633, and 5001.                                            *     *    *      *   *
                                                                                                                                                                      4.0 Postage Meters and PC Postage
                                                ■2. Revise the Mailing Standards of the                    8.0     Facing Identification Mark (FIM)                   Products (‘‘Postage Evidencing
                                                United States Postal Service, Domestic                     *       *         *       *       *                        Systems’’)
                                                Mail Manual (DMM) as follows:                                                                                         *       *        *   *    *
                                                                                                           8.2 Pattern
                                                Mailing Standards of the United States                                                                                4.3     Postage Payment
                                                Postal Service, Domestic Mail Manual                         [Revise the third sentence in the
                                                (DMM)                                                      introductory text of 8.2 to read as                        *       *        *   *    *
                                                                                                           follows:]
                                                *       *      *       *       *                             * * * The required FIM pattern as                        4.3.3 Placement of Postage
                                                200 Commercial Mail Letters, Cards,                        shown in Exhibit 8.2.0 below depends                         * * * When placing indicia on
                                                Flats, and Parcels                                         on the type of mail and the presence of                    mailpieces, position indicia at least 1⁄4
                                                                                                           an Intelligent Mail barcode as follows:                    inch from the right edge of the
                                                *       *      *       *       *                           *     *     *    *     *                                   mailpiece and 1⁄4 inch from the top edge
                                                202 Elements on the Face of a                                                                                         of the mailpiece and as follows:
                                                                                                           204     Barcode Standards
                                                Mailpiece                                                                                                             *     *     *    *      *
                                                                                                           Overview                                                     [Revise the text of item e to read as
                                                *       *      *       *       *
                                                                                                              [Revise the link heading under                          follows:]
                                                5.0 Barcode Placement Letters and                          ‘‘Overview’’ to read as follows:]                            e. Do not allow the indicia to infringe
                                                Flats                                                                                                                 on the areas reserved for the FIM,
                                                                                                           1.0 Standards for Intelligent Mail                         Intelligent Mail barcode, or optical
                                                5.1     Letter-Size                                        Barcodes                                                   character reader (OCR) clear zone.
                                                *       *      *       *       *                           *     *    *    *     *                                    *     *     *    *      *
                                                5.1.4 Additional Barcode                                     [Revise the heading of 1.0 to read as
                                                                                                                                                                      Index
                                                Permissibility                                             follows:]
                                                                                                                                                                      *       *        *   *    *
                                                   [Revise the text of 5.1.4 to read as                    1.0 Standards for Intelligent Mail
                                                follows:]                                                  Barcodes                                                   P
                                                   An automation letter or a letter                        1.1 General                                                *     *     *    *   *
                                                claimed at Enhanced Carrier Route                                                                                       [Delete the ‘‘POSTNET’’ line item in
                                                saturation or high density automation                        [Revise the text of 1.1 to read as
                                                                                                                                                                      the Index.]
                                                letter prices may not bear a 5-digit or                    follows:]
                                                                                                             An Intelligent Mail barcode is a                         *     *     *    *   *
                                                ZIP+4 Intelligent Mail barcode in the
                                                lower right corner (barcode clear zone).                   USPS-developed method to encode ZIP                        Ruth Stevenson,
                                                The piece may bear an additional                           Code information on mail that can be                       Attorney, Federal Compliance.
                                                Intelligent Mail barcode in the address                    read for sorting by automated machines.
                                                                                                                                                                      [FR Doc. 2018–15549 Filed 7–20–18; 8:45 am]
                                                block only if a qualifying Intelligent                     Intelligent Mail barcodes also encode
                                                                                                                                                                      BILLING CODE 7710–12–P
                                                Mail barcode with a delivery point                         other tracking information.
                                                routing code appears in the lower right                      [Delete 1.2, POSTNET Barcode, in its
                                                corner.                                                    entirety and renumber 1.3 through 1.6
                                                                                                                                                                      POSTAL SERVICE
                                                                                                           as 1.2 through 1.5.]
                                                *      *    *     *      *
                                                                                                           *     *     *     *     *                                  39 CFR Part 111
                                                5.2     Flat-Size
                                                                                                           507     Mailer Services                                    New Mailing Standards for
                                                5.2.1       Barcode Placement for Flats
                                                                                                           *       *         *       *       *                        Merchandise Return Service
                                                  [Revise the fifth sentence of 5.2.1 to
                                                read as follows:]                                          4.0     Address Correction Services                        AGENCY:      Postal ServiceTM.
                                                  * * * An additional Intelligent Mail                     *       *         *       *       *                        ACTION:     Proposed rule.
                                                barcode may also appear in the address
                                                                                                           4.2     Address Change Service (ACS)                       SUMMARY:    The Postal Service is
                                                block of an automation flat, when the
                                                                                                                                                                      proposing to revise Mailing Standards
                                                qualifying Intelligent Mail barcode is                     *       *         *       *       *
                                                                                                                                                                      of the United States Postal Service,
                                                not in the address block. * * *
                                                                                                           4.2.6 Additional Standards—When                            Domestic Mail Manual (DMM®) to
                                                *     *     *     *    *                                   Using Intelligent Mail Barcodes                            provide for new procedures for the
                                                6.0     Barcode Placement for Parcels                         * * * Mailpieces must meet the                          processing and rating of Merchandise
                                                                                                           following specifications:                                  Return Service (MRS) pieces, and in the
                                                *    *      *     *   *                                                                                               future, to transition all current MRS
                                                  [Revise the heading and text of 6.3 to                   *      *     *    *      *
                                                                                                              [Revise the text of item b to read as                   permit holders to use the new
                                                read as follows:]
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                           follows:]                                                  procedures.
                                                6.3     Intelligent Mail Barcodes                             b. Flat-size mailpieces may be mailed                   DATES: Submit comments on or before
                                                  Intelligent Mail barcodes (IMb) do not                   at nonautomation or automation prices.                     August 22, 2018.
                                                meet barcode eligibility requirements                      *      *     *    *      *                                 ADDRESSES: Mail or deliver written
                                                for parcels and do not qualify for any                                                                                comments to the manager, Product
                                                barcode-related prices for parcels, but                    600 Basic Standards For All Mailing                        Classification, U.S. Postal Service, 475
                                                one barcode may be included only in                        Services                                                   L’Enfant Plaza SW, Room 4446,
                                                the address block on a parcel, except on                   *       *         *       *       *                        Washington, DC 20260–5015. If sending


                                           VerDate Sep<11>2014     16:31 Jul 20, 2018   Jkt 244001   PO 00000    Frm 00013       Fmt 4702   Sfmt 4702   E:\FR\FM\23JYP1.SGM   23JYP1


                                                34808                     Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules

                                                comments by email, include the name                      at some point in the near future, and is              can be used for electronic funds
                                                and address of the commenter and send                    intended to ultimately eliminate the                  transfer, retail deposit, mobile deposit,
                                                to ProductClassification@usps.gov with                   need for the manual rating process used               and ACH Debit. Business mailers will be
                                                a subject line of ‘‘Merchandise Return                   with traditional MRS. The Postal                      able to view payment information in a
                                                Service’’. Faxed comments are not                        Service expects to eliminate the use of               consolidated format on an EPS
                                                accepted. You may inspect and                            USPS Return Services and the scan-                    dashboard that shows account balances,
                                                photocopy all written comments, by                       based payment process no sooner than                  postage statement reports, transactions
                                                appointment only, at USPS                                January 2020 and traditional MRS no                   history, and other information. For EPS
                                                Headquarters Library, 475 L’Enfant                       sooner than January 2021. During the                  set-up or support, contact Postalone@
                                                Plaza SW, 11th Floor North,                              transition to the new methodology, the                usps.gov or call 1–800–522–9085.
                                                Washington, DC 20260. These records                      Postal Service intends to work with the                  The Automated Returns methodology
                                                are available for review Monday through                  mailing industry to ensure all existing               is expected to use the same prices as
                                                Friday, 9 a.m.–4 p.m., by calling 202–                   USPS Return Services and MRS permit                   those currently applied to USPS Return
                                                268–2906.                                                holders are transitioned to the new                   Services, and to apply those prices to
                                                FOR FURTHER INFORMATION CONTACT:                         process before these deadlines arrive.                each individual return mailpiece in near
                                                Direct questions to Karen F. Key by                      Permit holders who are unable to meet                 real time. Because of the greater level of
                                                email at karen.f.key@usps.gov or phone                   the deadlines stated above can contact                accuracy and granularity associated
                                                at (202) 268–7492, or Vicki Bosch by                     the Postal Service to request                         with the new process, the Postal Service
                                                email at vicki.m.bosch@usps.gov or                       consideration for an extension. The                   does not expect current USPS Return
                                                phone at (202) 268–4978.                                 Postal Service will evaluate extension                Services permit holders to be negatively
                                                                                                         requests on a case-by-case basis.                     affected. As a result, the Postal Service
                                                SUPPLEMENTARY INFORMATION: As part of
                                                                                                            The new methodology will include                   proposes to notify and transition current
                                                its Package Platform initiative, the                     many of the features associated with the              USPS Return Services permit holders
                                                Postal Service is leveraging the devices                 current USPS Return Services process,                 meeting the necessary criteria to an EPA
                                                that were installed as part of the                       and will be tentatively called                        account automatically, and unless the
                                                Automated Verification System to                         Automated Returns. The three service                  permit holder objects, to convert their
                                                enhance the capability of equipment                      categories under Automated Returns are                permits to the Automated Returns
                                                used for the processing of package-size                  proposed to be Automated Priority Mail                methodology without further action
                                                mailpieces. The upgraded equipment is                    Returns, Automated First-Class Package                required by the permit holder. The
                                                able to capture near real-time data on                   Returns, and Automated Ground                         Postal Service expects to work with
                                                mailpiece dimensions, weight, mail                       Returns, which will be linked to Priority             current traditional MRS permit holders
                                                class or product, and the presence of                    Mail®, First-Class Package Service®—                  to eventually transition them to the new
                                                Extra Services, and to transmit these                    Commercial, and Parcel Select                         process.
                                                data to Postal Service information                       GroundTM product prices, respectively.                   The Postal Service proposes to limit
                                                systems as applicable. The Postal                           For Priority Mail, Commercial Plus®                Extra Services available for the new
                                                Service is proposing to use this new                     and Commercial Base® prices are                       Automated Returns methodology to
                                                technology to streamline its processes                   proposed to apply to qualifying                       Insurance, Signature ConfirmationTM,
                                                for the identification, rating, and                      Automated Returns account holders,                    and Certificate of Mailing. USPS
                                                postage assessment of returns. Under                     based on the payer’s outgoing volume.                 Tracking® will still be included as part
                                                this process, automated package-sorting                  Negotiated Service Agreement prices are               of the service. The Postal Service
                                                equipment will identify return packages                  also expected to be available for eligible            proposes to omit the options to use
                                                as they pass special scanners, determine                 customers using Automated Returns.                    Registered Mail®, Special Handling, and
                                                the weight, dimension and mail class of                     Similar to the process used with                   Return Receipt for Merchandise with
                                                the packages, use the captured data to                   traditional MRS and USPS Return                       Automated Returns. Over time, the use
                                                determine postage charges associated                     Services, the Postal Service does not                 of these services has declined, and they
                                                with each package, and enable account                    expect to require account holders to pay              are now rarely used with MRS. The
                                                holders to pay the postage for the                       annual permit fees and/or annual                      Postal Service believes that permit
                                                returns electronically.                                  account maintenance fees to receive                   holders have generally transitioned to
                                                   This improved functionality will                      returns under the new Automated                       other services to replace the functions
                                                generally eliminate the need to                          Returns methodology.                                  previously filled by these services. The
                                                manually weigh and rate MRS                                 Under the new Automated Returns                    Postal Service also proposes to omit the
                                                mailpieces, eliminate the scan-based                     methodology, the Postal Service                       Mailing Acknowledgement option
                                                payment process used with USPS                           proposes to require authorized permit                 currently used with traditional MRS. A
                                                Return Services (a current category of                   holders to pay postage and Extra Service              mailer may continue to obtain a
                                                MRS), and eliminate the need for                         fees through the Enterprise Payment                   Certificates of Mailing, if the returns
                                                processes to estimate postage for MRS                    System (EPS).                                         piece is brought to the retail service
                                                pieces via sampling under the Postage                       EPS is a new payment system                        counter.
                                                Due Weight Averaging Program.                            designed to provide a single point for all               It is expected that not all returns
                                                   The Postal Service is now proposing                   payment-related activities, and will                  mailpieces will be capable of being
                                                to create a new rating and payment                       make payments easier for permit                       processed on Postal Service automated
                                                methodology within the MRS product                       holders who pay the Postal Service                    package sorting equipment. Returns
amozie on DSK3GDR082PROD with PROPOSALS1




                                                line. This new process will incorporate                  through various payment methods or                    containing hazardous materials, such as
                                                features of both traditional MRS and                     mail from different locations. To use                 regulated and sharps medical waste and
                                                USPS Return Services. Returns able to                    EPS, businesses will establish a single               lithium batteries, sometimes bypass
                                                meet the eligibility criteria for this new               account to pay for all products and                   mechanized processing and are instead
                                                methodology will be categorized under                    services. This account would be                       manually handled in USPS processing
                                                the MRS product line. The new                            recognized by all postal facilities.                  plants. The Postal Service proposes to
                                                methodology is expected to replace the                   Commercial mailers will set up an                     implement an alternative process to
                                                existing USPS Return Services process                    Electronic Payment Account (EPA) that                 capture and rate these mailpieces. In


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                                                                          Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules                                          34809

                                                some cases, the Postal Service expects to                any of the Automated Returns options.                 sender’s return address is returned to
                                                use an average price generated from the                  Any content that constitutes First-Class              the sender; otherwise, it is treated as
                                                data collected in the prior month and to                 Mail matter may only be mailed using                  dead mail.
                                                apply the average price to assess the                    Automated Priority Mail Returns.                         e. Account Cancellation: The USPS
                                                postage for each return.                                 Automated Returns are subject to the                  may cancel an account if the EPS
                                                  Although exempt from the notice and                    following conditions:                                 account holder refuses to accept and
                                                comment requirements of the                                a. Availability: Automated Returns is               pay postage and fees for Automated
                                                Administrative Procedure Act (5 U.S.C.                   available to the account holder for                   Returns mailpieces, fails to keep
                                                553(b), (c)) regarding proposed                          mailing to the account holder’s                       sufficient funds in the advance deposit
                                                rulemaking by 39 U.S.C. 410(a), the                      designated address on the USPS                        account to cover postage and fees, or
                                                Postal Service invites public comments                   Automated Returns label(s).                           distributes return labels that do not
                                                on the following proposed revisions to                     b. Payment Guarantee: The account                   meet USPS standards.
                                                Mailing Standards of the United States                   holder must guarantee payment of the                     f. Reapplying After Cancellation: To
                                                Postal Service, Domestic Mail Manual                     proper postage and extra service fees                 receive a new account after a previous
                                                (DMM), incorporated by reference in the                  (except for insurance, Signature                      Automated Returns account is canceled,
                                                Code of Federal Regulations. See 39 CFR                  Confirmation, and Certificate of Mailing,             the applicant must amend the PS Form
                                                111.1.                                                   when purchased by the sender) on all                  3615 on file to reflect the new
                                                  We will publish an appropriate                         parcels returned via a special label                  application date, or reregister in the
                                                amendment to 39 CFR part 111 to reflect                  produced by the account holder. The                   Business Customer Gateway. If not
                                                these changes, if our proposal is                        account holder must have sufficient                   using labels generated by the USPS
                                                adopted.                                                 funds in their Electronic Payment                     Application Program Interface (API),
                                                  Accordingly, 39 CFR part 111 is                        Account to pay the postage and extra                  applicants must submit for approval two
                                                proposed to be amended as follows:                       service fees on an ongoing basis.                     samples for each label format to the
                                                                                                           c. Where Service Established:                       NCSC. In addition, applicants must
                                                List of Subjects in 39 CFR Part 111                                                                            provide evidence that the reasons for
                                                                                                         Automated Returns accounts may be
                                                  Administrative practice and                            established at any Post Office in the                 the account cancellation are corrected,
                                                procedure, Postal Service.                               United States and its territories and                 and maintain funds in their advance
                                                                                                         possessions or at any U.S. Military Post              deposit account sufficient to cover
                                                PART 111—[AMENDED]                                       Office overseas APO/FPO/DPO.                          normal returns for at least 2 weeks.
                                                                                                         Automated Returns is not available for                   g. Using Other Post Offices: The
                                                ■ 1. The authority citation for 39 CFR                                                                         account holder may distribute
                                                part 111 continues to read as follows:                   returns from any foreign country.
                                                                                                           d. Official Mail: Any authorized user               Automated Returns labels for return
                                                  Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–             of official (penalty) mail may use                    through other Post Office locations
                                                307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,                 Automated Returns subject to the                      when the account holder opens and
                                                401, 403, 404, 414, 416, 3001–3011, 3201–                                                                      keeps their advance deposit account at
                                                3219, 3403–3406, 3621, 3622, 3626, 3632,
                                                                                                         standards in 703.7.0, which supersede
                                                                                                         any conflicting standards below.                      the Post Office where the permit is
                                                3633, and 5001.
                                                                                                                                                               issued and supplies that Postmaster the
                                                ■ 2. Revise the following sections of                    3.8.2 Accounts                                        name, address, and telephone number of
                                                Mailing Standards of the United States                      Automated Returns accounts are                     a representative in each additional
                                                Postal Service, Domestic Mail Manual                     subject to the following:                             station or branch if different from the
                                                (DMM), as follows:                                          a. Account Application: An approved                information on the application.
                                                Mailing Standards of the United                          shipping products account must be
                                                                                                         established to use Automated Returns.                 3.8.3 Postage and Prices
                                                States Postal Service, Domestic Mail
                                                                                                         Applicants must establish a shipping                    Postage and prices are subject to the
                                                Manual (DMM)
                                                                                                         products account by completing PS                     following:
                                                *      *     *       *       *                           Form 3615 in hardcopy or online                         a. Postage: Postage is calculated based
                                                                                                         through the Business Customer                         on the weight of the parcel and zone
                                                500    Additional Services
                                                                                                         Gateway.                                              associated with the point or origin and
                                                *      *     *       *       *                              b. Advance Deposit Account: The                    delivery ZIP Code, except that postage
                                                505    Return Services                                   account holder must pay postage and                   for Automated First-Class Package
                                                                                                         extra service fees through an Enterprise              Returns is based only on the weight of
                                                *     *     *    *   *                                   Payment System (EPS) Account (EPS                     the parcel. Automated Returns
                                                  [Add a new 505.3.8 through 505.3.8.7                   account holder) and agree to the terms                mailpieces are charged postage and
                                                to read as follows:]                                     and conditions for use of such EPS                    Extra Service fees based on the service
                                                3.8   Automated Returns                                  Account.                                              type code embedded in the Intelligent
                                                                                                            c. Application Process: Applicants                 Mail Package barcode (IMpb). If all or
                                                3.8.1 Basic Standards                                    must have a valid Enterprise Payment                  part of the IMpb is unreadable, or the
                                                  Automated Returns allows an                            Account and be registered in the                      mailpiece is unable to be priced based
                                                authorized shipping products account                     Business Customer Gateway. Except for                 on the data collected, postage will be
                                                holder to pay the postage and extra                      Automated Returns labels generated by                 based on the average postage per
                                                service fees on single-piece priced                      the USPS Application Program Interface                mailpiece recorded for that EPS account
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                                                Automated Priority Mail Returns,                         (API), all returns labels that have                   holder from the previous month or
                                                Automated First-Class Package Returns                    properly constructed Intelligent Mail                 quarter, as applicable. If an EPS account
                                                and Automated Ground Returns parcels                     package barcode approved by the                       holder has no demonstrated payment
                                                returned to the account holder by                        National Customer Support Center                      history, postage will be determined by
                                                senders (mailers) via a special barcoded                 (NCSC).                                               the Postal Service based on data for
                                                label produced by the account holder.                       d. Canceled Accounts: If the account               comparable account holders.
                                                Unless otherwise restricted, any                         is cancelled by the EPS account holder,                 b. Prices: Prices for Automated
                                                mailable matter may be mailed using                      Automated Returns mail bearing the                    Priority Mail Returns, Automated First-


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                                                34810                     Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules

                                                Class Package Returns, and Automated                        b. Label Preparation: Automated                       3. ‘‘Remove or Obliterate any other
                                                Ground Returns mailpieces are charged                    Returns labels must meet the standards                addresses, barcodes or price markings
                                                as follows:                                              in the Parcel Labeling Guide available                on the outside of the parcel.’’
                                                   1. Commercial Base prices are                         on the PostalPro website. Standard label                 4. ‘‘Mail the labeled parcel at a Post
                                                available for account holders using                      sizes are 3 inches by 6 inches, 4 inches              Office, drop it in a collection box, leave
                                                Automated Priority Mail Returns, when                    by 4 inches, or 4 inches by 6 inches, and             it with your letter carrier, or schedule a
                                                all applicable requirements are met.                     must be certified by the USPS for use                 package pickup at usps.com.’’
                                                   2. Commercial Plus prices are                         prior to distribution. All other label
                                                available for Automated Priority Mail                    sizes and other privately printed labels              3.8.6    Enter and Deposit
                                                Returns mailpieces that qualify for                      require written approval from the NCSC.
                                                                                                                                                                 The EPS account holder’s customers
                                                Commercial Base prices and for which                     The label must include an Intelligent
                                                                                                                                                               may mail the Automated Returns
                                                the account holder has a customer                        Mail package barcode, accommodate all
                                                                                                                                                               mailpiece at any Post Office; any
                                                commitment agreement with the USPS                       required information, be legible, and be
                                                                                                                                                               associated office, station, or branch; in
                                                (see 223.1.3).                                           prepared in accordance with
                                                   3. First-Class Package Service—                                                                             any collection box (except a Priority
                                                                                                         Publication 199, Intelligent Mail
                                                Commercial prices are available for                                                                            Mail Express box); with any rural
                                                                                                         Package Barcode (IMpb) Implementation
                                                Automated First-Class Package Returns                                                                          carrier; by package pickup; on business
                                                                                                         Guide, available on the PostalPro
                                                mailpieces when all applicable                                                                                 routes during regular mail delivery if
                                                                                                         website. EPS account holders or their
                                                requirements are met.                                    agents may distribute approved return                 prior arrangements are made with the
                                                   4. Commercial Parcel Select Ground                    labels and instructions by means                      carrier; as part of a collection run for
                                                prices are available for Automated                       specified in 3.5.1. EPS account holders               other mail (special arrangements might
                                                Ground Returns mailpieces when all                       or their agents must provide written                  be required); or at any place designated
                                                applicable requirements are met.                         instructions to the label end-user                    by the Postmaster for the receipt of mail.
                                                   c. Extra and Additional Services: The                 (mailer) as specified in 3.5.5. Labels                Automated Returns mailpieces
                                                account holder may obtain extra and                      cannot be faxed to customers (mailers).               deposited in collection boxes without
                                                additional services with Automated                       If all applicable content and format                  valid return addresses are treated as
                                                Returns as follows:                                      standards are met, Automated Returns                  undeliverable mail.
                                                   1. Insurance—Insurance is available                   labels may be produced by any of the                  3.8.7    Additional Standards
                                                for mailpieces that have the applicable                  following methods:
                                                service type code for insurance                             1. As an impression printed by the                    Additional mailing standards
                                                imbedded into the IMpb on the label,                     EPS account holder directly onto the                  applicable to each service option are as
                                                and for which the account holder has                     mailpiece to be returned.                             follows:
                                                provided electronic data that supports                      2. As a separate label preprinted by                  a. Automated Priority Mail Returns
                                                the value of the merchandise being                       the EPS account holder to be affixed by               may contain any mailable matter
                                                returned (see 503.4.2). Only the account                 the customer onto the mailpiece to be                 weighing no more than 70 pounds.
                                                holder may file a claim (see 609).                       returned. The reverse side of the label               APO/FPO mail is subject to 703.2.0 and
                                                   2. Signature Confirmation—Signature                   must bear an adhesive strong enough to                703.4.0, and Department of State mail is
                                                Confirmation service is available for                    bond the label securely to the mailpiece.             subject to 703.3.0. Automated Priority
                                                Automated Returns (see 503.8.0).                         Labels must be printed and delivered by               Mail Returns receive expeditious
                                                   3. Pickup on Demand Service—                          USPS to the customer when requested                   handling and transportation, with
                                                Pickup on Demand service is available                    electronically by the EPS account holder              service standards in accordance with
                                                for Automated Returns (see 507.7.0).                     or its agents through the Business                    Priority Mail. Automated Priority Mail
                                                                                                         Customer Gateway, or provided as an                   Returns mailed under a specific
                                                3.8.4 Certificate of Mailing                             electronic file created by the EPS                    customer agreement is charged postage
                                                  Customers (mailers) mailing an                         account holder for local output and                   according to the individual agreement.
                                                Automated Returns mailpiece may                          printing by the customer. The electronic              Commercial Base and Commercial Plus
                                                obtain a certificate of mailing at their                 file must include instructions that                   prices are the same as for outbound
                                                own expense at the time of mailing by                    explain how to affix the label securely               Priority Mail in Notice 123, Price List.
                                                presenting the certificate at a Post Office              to the mailpiece to be returned, and that
                                                retail unit to obtain the receipt.                                                                                b. Automated First-Class Package
                                                                                                         caution against covering with tape or
                                                                                                                                                               Returns handling, transportation, and
                                                                                                         other material any part of the label
                                                3.8.5 Labels                                                                                                   eligibility of contents are the same as for
                                                                                                         where postage and fee information is to
                                                   Distribution and preparation of labels                                                                      outbound First-Class Package Service —
                                                                                                         be recorded.
                                                are subject to the following:                               c. Labeling Instructions: Written                  Commercial parcels under 283.
                                                   a. Distribution of Labels: Automated                  instructions must be provided with the                Automated First-Class Package Returns
                                                Returns labels may be distributed to                     label that, at a minimum, directs the                 may not contain documents or personal
                                                customers as an enclosure with                           customer to do the following:                         correspondence, except that such
                                                merchandise, as a separate item                             1. ‘‘If your name and address are not              parcels may contain invoices, receipts,
                                                (including when requested                                already preprinted in the return address              incidental advertising, and other
                                                electronically through the Business                      area, print them neatly in that area or               documents that relate in all substantial
                                                Customer Gateway for printing and                        attach a return address label there.’’                respects to merchandise contained in
amozie on DSK3GDR082PROD with PROPOSALS1




                                                delivery to the customer by USPS), as an                    2. ‘‘Attach the label squarely onto the            the parcels.
                                                electronic transmission for customer                     largest side of the mailpiece, centered if               c. Automated Ground Returns
                                                downloading and printing, or through                     possible. Place the label so that it does             provides ground transportation for
                                                one of the account holder’s designated                   not fold over to another side. Do not                 mailpieces containing mailable matter
                                                pickup facilities. Any such label                        place tape over any barcodes on the                   weighing no more than 70 pounds and
                                                distributed to a customer must meet                      label or any part of the label where                  meeting the content standards in
                                                USPS format standards, including the                     postage and fee information will be                   153.3.0. Automated Ground Returns
                                                requirement to furnish instructions.                     recorded.’’                                           assumes the handing and transportation


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                                                                          Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules                                            34811

                                                and service objectives for delivery of                   generally not consider comments or                    Permitting Requirements, Section 14,
                                                USPS Retail Ground.                                      comment contents located outside of the               Incorporation by reference (2018
                                                *    *     *    *     *                                  primary submission (i.e., on the web,                 Submittal); (5) Chapter 3, General
                                                                                                         cloud, or other file sharing system). For             Emission Standards, Section 3,
                                                Ruth Stevenson,                                          additional submission methods, the full               Emission standards for nitrogen oxides
                                                Attorney, Federal Compliance.                            EPA public comment policy,                            (2017 Submittal); (6) Chapter 3, General
                                                [FR Doc. 2018–15617 Filed 7–20–18; 8:45 am]              information about CBI or multimedia                   Emission Standards, Section 9,
                                                BILLING CODE 7710–12–P                                   submissions, and general guidance on                  Incorporation by reference (2018
                                                                                                         making effective comments, please visit               Submittal); and (7) Chapter 2, Ambient
                                                                                                         http://www2.epa.gov/dockets/                          Standards, Section 6 (2017 Submittal);
                                                ENVIRONMENTAL PROTECTION                                 commenting-epa-dockets.                               (8) Chapter 2, Ambient standards for
                                                AGENCY                                                      Docket: All documents in the docket                ozone, and Section 12, Incorporation by
                                                                                                         are listed in the www.regulations.gov                 reference (2018 Submittal).
                                                40 CFR Part 52                                           index. Although listed in the index,                    The March 28, 2018 state submittals
                                                                                                         some information is not publicly                      include requests to update the code of
                                                [EPA–R08–OAR–2018–0389; FRL–9980–                        available, e.g., CBI or other information             federal regulations (CFR) date of
                                                83—Region 8]                                                                                                   incorporation by reference to reflect the
                                                                                                         whose disclosure is restricted by statute.
                                                                                                         Certain other material, such as                       July 1, 2017 CFR, which supersedes the
                                                Approval and Promulgation of Air
                                                                                                         copyrighted material, will be publicly                requested changes in the March 27,
                                                Quality Implementation Plans;
                                                                                                         available only in hard copy. Publicly                 2017 state submittals that incorporated
                                                Wyoming; Incorporation by Reference
                                                                                                         available docket materials are available              by reference the July 1, 2016 CFR
                                                Updates                                                                                                        (Chapter 8, Nonattainment Area
                                                                                                         either electronically in
                                                AGENCY:  Environmental Protection                        www.regulations.gov or in hard copy at                Regulations, Section 10, Incorporation
                                                Agency (EPA).                                            the Air Program, Environmental                        by reference; Chapter 6, Permitting
                                                ACTION: Proposed rule.                                   Protection Agency (EPA), Region 8,                    Requirements, Section 14, Incorporation
                                                                                                         1595 Wynkoop Street, Denver, Colorado                 by reference; Chapter 3, General
                                                SUMMARY:    The Environmental Protection                 80202–1129. The EPA requests that if at               Emission Standards, Section 9,
                                                Agency (EPA) is proposing to approve                     all possible, you contact the individual              Incorporation by reference; Chapter 2,
                                                eight State Implementation Plan (SIP)                    listed in the FOR FURTHER INFORMATION                 Ambient standards for ozone, Section
                                                revisions submitted by the State of                      CONTACT section to view the hard copy                 12, Incorporation by reference).
                                                Wyoming, four submitted on March 27,                     of the docket. You may view the hard                  II. Analysis of the State’s Submittal
                                                2017, and four submitted on March 28,                    copy of the docket Monday through
                                                2018. The revisions include updates to                                                                            The EPA evaluated the proposed
                                                                                                         Friday, 8:00 a.m. to 4:00 p.m., excluding
                                                incorporation by reference within                                                                              amendments to the Wyoming Air
                                                                                                         federal holidays.                                     Quality Standards and Regulations
                                                several parts of the Wyoming Air                         FOR FURTHER INFORMATION CONTACT:
                                                Quality Standards and Regulations that                                                                         submitted by the State of Wyoming on
                                                                                                         Chris Dresser, Air Program, EPA, Region               March 27, 2017, and March 28, 2018.
                                                are part of the SIP. Additional revisions                8, Mailcode 8P–AR, 1595 Wynkoop
                                                are proposed that: (1) Correct an                                                                              The EPA notes that the incorporation by
                                                                                                         Street, Denver, Colorado, 80202–1129,                 reference updates requested by
                                                inconsistency regarding internal                         (303) 312–6385, dresser.chris@epa.gov.
                                                combustion engine nitrogen oxide                                                                               Wyoming in the March 27, 2017
                                                                                                         SUPPLEMENTARY INFORMATION:                            submittal have been superseded by
                                                requirements; (2) amend three state
                                                regulations to maintain consistency                                                                            updates requested in their March 28,
                                                                                                         I. Background
                                                with federal regulations; and (3) update                                                                       2018 submittal and are not analyzed
                                                                                                            On November 17, 2016, and December                 here. The subsequent analysis for each
                                                a state internet address.                                5, 2017, the Environmental Quality                    SIP submittal is as follows:
                                                DATES: Comments: Written comments                        Council (EQC) of the Wyoming                             (1) The State is requesting that the
                                                must be received on or before August                     Department of Environmental Quality                   EPA correct a reference in Chapter 8,
                                                22, 2018.                                                conducted public hearings pursuant to                 Nonattainment Area Regulations,
                                                ADDRESSES: Submit your comments,                         40 CFR 51.102 to consider the adoption                Section 10, Incorporation by reference,
                                                identified by Docket ID No. EPA–R08–                     of revisions and additions to the                     to adopt by reference the July 1, 2016
                                                OAR–2018–0389, to the Federal                            Wyoming Air Quality Standards and                     CFR. This request has been superseded
                                                Rulemaking Portal: https://                              Regulations. The EQC approved changes                 by the a more recent submittal which
                                                www.regulations.gov. Follow the online                   were submitted to the EPA for approval                requests updates to Chapter 8, Section
                                                instructions for submitting comments.                    into Wyoming’s State Implementation                   10, described and analyzed in SIP
                                                Once submitted, comments cannot be                       Plan (SIP) on March 27, 2017 (2017                    submittal (2), as follows.
                                                edited or removed from                                   Submittal) and March 28, 2018 (2018                      (2) The State is requesting that the
                                                www.regulations.gov. The EPA may                         Submittal). The SIP submittals include:               EPA correct a reference in Chapter 8,
                                                publish any comment received to its                      (1) Chapter 8 Nonattainment Area                      Nonattainment Area Regulations,
                                                public docket. Do not submit                             Regulations, Section 10, Incorporation                Section 3, Conformity of general federal
                                                electronically any information you                       by reference (2017 Submittal); (2)                    actions to state implementation plans.
                                                consider to be Confidential Business                     Chapter 8, Nonattainment Area                         Specifically, the request includes a
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Information (CBI) or other information                   Regulations, Section 3, Conformity of                 minor typographical correction to
                                                whose disclosure is restricted by statute.               general federal actions to state                      particulate matter to maintain
                                                Multimedia submissions (audio, video,                    implementation plans (2018 Submittal),                consistency with federally approved
                                                etc.) must be accompanied by a written                   and Section 10, Incorporation by                      language in 40 CFR 93.158(a)(4); a
                                                comment. The written comment is                          reference (2018 Submittal); (3) Chapter               change from ‘‘PM10’’ to ‘‘PM’’ in the
                                                considered the official comment and                      6, Permitting Requirements, Section 4,                State’s rule Chapter 8, Section 3(h)(i)(D).
                                                should include discussion of all points                  Prevention of significant deterioration               The EPA finds that this update is
                                                you wish to make. The EPA will                           (2017 Submittal); (4) Chapter 6,                      necessary and appropriate. This action


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Document Created: 2018-07-21 00:48:35
Document Modified: 2018-07-21 00:48:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments on or before August 22, 2018.
ContactDirect questions to Karen F. Key by email at [email protected] or phone at (202) 268-7492, or Vicki Bosch by email at [email protected] or phone at (202) 268-4978.
FR Citation83 FR 34807 
CFR AssociatedAdministrative Practice and Procedure and Postal Service

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