[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Proposed Rules]
[Page 52025-52027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se07-18]
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POSTAL SERVICE
39 CFR Part 111
Revisions to DMM 604.9.2 Postage and Fee Refunds
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would revise the Mailing Standards of the
United States Postal Service, Domestic Mail Manual (DMM[supreg]) Sec.
604.9.2 through 604.9.3.6. The proposed revision would establish a
minimum for refund of unused postage value in postage meters and PC
Postage[supreg] accounts; provide a consistent time frame for
submission of physical refunds for both PC Postage and postage meter
indicia to 60 days; would specify procedures and a time frame for
refund of items bearing a Product Identification Code (PIC) produced by
a PC Postage system that must be processed electronically; and would
establish refund procedures for undated PC Postage indicia.
DATES: Submit comments on or before October 12, 2007.
ADDRESSES: Mail or deliver written comments to the Manager, Postage
Technology Management, Postal Service, 475 L'Enfant Plaza SW., NB Suite
4200, Washington, DC 20260-4200. Written comments may also be submitted
via fax to 202-268-4225. Copies of all written comments will be
available for inspection and photocopying between 9 a.m. and 4 p.m.,
Monday through Friday, at the Postage Technology Management office.
FOR FURTHER INFORMATION CONTACT: Daniel J. Lord, Manager, Postage
Technology Management, Postal ServiceTM, at 202-268-4281.
SUPPLEMENTARY INFORMATION: The proposed revision would establish a $5
minimum for refund of unused postage value in postage meters and PC
postage accounts; would provide 60 days as a consistent time frame for
submission of physical refunds for both PC Postage and postage meter
indicia; would specify procedures and a 10-day time frame for refund of
items bearing a Product Identification Code (PIC) produced by a PC
Postage system that must be processed electronically; and would
establish refund procedures for unused, undated PC Postage indicia.
Although we are 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), we invite public comments on
the following proposed revisions to Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]), incorporated
by reference in the Code of Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
For the reasons set out in this document, the Postal Service
proposes to amend 39 CFR part 111 as set forth below:
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410,
2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95-
452, as amended); 5 U.S.C. App. 3.
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)
* * * * *
600 Basic Standards for All Mailing Services
* * * * *
604 Postage Payment Methods
* * * * *
9.0 Refunds and Exchanges
* * * * *
9.2 Postage and Fee Refunds
* * * * *
9.2.8 Ruling on Refund Request
Refund requests are decided based on the specific type of postage
or mailing:
* * * * *
[Revise items b and c by changing ``licensing post office'' to
``Local Post Office'' and changing ``licensee'' to ``authorized user''
as follows:]
b. Dated metered postage, except for PC Postage systems, under 9.3.
The postmaster at the local Post Office grants or denies requests for
refunds for dated metered postage under 9.3. The authorized user may
appeal an adverse ruling within 30 days through the manager, Postage
Technology Management, USPS Headquarters (see 608.8.0 for address), who
issues the final agency decision. The original meter indicia must be
submitted with the appeal.
c. Undated metered postage under 9.3. The manager, business mail
entry at the district Post Office overseeing the mailer's local Post
Office, or designee authorized in writing, grants or denies requests
for refunds for undated metered postage under 9.3. The customer may
appeal a decision on undated metered postage within 30 days through the
manager, business mail entry, or designee, to the PCSC manager who
issues the final agency decision. The original meter indicia must be
submitted with the appeal.
[Revise item d as follows:]
d. PC Postage systems under 9.3. The system provider grants or
denies a request for a refund for indicia printed by PC Postage systems
under 9.3 using established USPS criteria. The customer may appeal an
adverse ruling within 30 days through the manager, Postage Technology
Management, USPS Headquarters, who issues the final agency decision.
The original indicia must be submitted with the appeal.
* * * * *
[[Page 52026]]
9.3 Refund Request for Postage Evidencing Systems and Metered Postage
9.3.1 Unused Postage Value in Postage Evidencing Systems
[Revise 9.3.1 to restrict refunds to amounts of $5 or more as
follows:]
The unused postage value remaining in a postage evidencing system
when withdrawn from service may be refunded, depending upon the
circumstance and the ability of the USPS to make a responsible
determination of the actual or approximate amount of the unused postage
value. If the postage evidencing system is withdrawn because of faulty
operation, a final postage adjustment or refund will be withheld
pending the system provider's report of the cause to the USPS and the
USPS determination of whether or not a refund is appropriate and, if
so, the amount of the refund. No refund is given for faulty operation
caused by the authorized user. When a postage evidencing system that is
damaged by fire, flood, or similar disaster is returned to the
provider, postage may be refunded or transferred when the registers are
legible and accurate, or the register values can be reconstructed by
the provider based on adequate supporting documentation. When the
damaged system is not available for return, postage may be refunded or
transferred only if the provider can accurately determine the remaining
postage value based on adequate supporting documentation. The
authorized user may be required to provide a statement on the cause of
the damage and to attest that there has not been reimbursement by
insurance, or otherwise, and that the authorized user will not seek
such reimbursement. Refunds for unused postage value are granted for
postage evidencing systems specified in 4.0 in accordance with the
following procedures:
a. All postage evidencing systems except for PC Postage systems.
Authorized users must notify their provider to withdraw the system and
to refund any unused postage value remaining on their system or
account. The postage evidencing system must be examined to verify the
amount before any funds are cleared from the meter. Based on what is
found, a refund or credit is initiated for unused postage value, or
additional money is collected to pay for postage value used. The
provider forwards the refund request to the USPS for payment or may
credit the amount to the authorized users account. Refunds of unused
postage value remaining in a postage evidencing system less than $5
will not be paid by the USPS.
b. PC Postage systems. Authorized users must notify their provider
to withdraw the system and to refund any unused postage value remaining
in their account. The provider refunds the unused postage value
remaining on the user's system on behalf of the USPS. Refunds of unused
postage value remaining in a postage evidencing system less than $5
will not be paid by the USPS.
9.3.2 Unused, Dated Postage Evidencing System Indicia, Except PC
Postage Indicia
[Revise 9.3.2 as follows:]
Unused, dated postage meter indicia are considered for refund only
if complete, legible, and valid. PC Postage indicia refunds are
processed under 9.3.3. All other metered postage refund requests must
be submitted as follows:
a. Authorized users must submit the request to their local Post
Office. The refund request must include proof that the person or entity
requesting the refund is the authorized user of the postage meter that
printed the indicia. Acceptable proof includes a copy of the lease,
rental agreement, or contract.
b. Authorized users must include the items bearing the unused
postage with their request to their local Post Office. The items must
be sorted by meter used and then by postage value shown in the indicia,
and must be properly faced and bundled in groups of 100 identical items
when quantities allow. The request is processed by the USPS. The
postmaster approves or denies the refund request.
c. Authorized users must submit the refund request within 60 days
of the date(s) shown in the indicia.
d. When unused metered postage is affixed to a mailpiece, the
refund request must be submitted with the entire envelope or wrapper.
For those items where the postage is affixed to a large container (i.e.
cardboard box), a sufficient portion of the container with the postage
affixed must be included to validate that the item was never deposited
with the USPS. The unused metered postage must not be removed from the
mailpiece once applied.
e. Indicia printed on labels or tapes not adhered to wrappers or
envelopes must be submitted loose and must not be stapled together or
attached to any paper or other medium. However, self-adhesive labels
printed without a backing may be submitted on a plain sheet of paper.
f. If a part of one indicium is printed on one envelope or card and
the remaining part on one or more, the envelopes or cards must be
fastened together to show that they represent one indicium.
g. Refunds are allowable for indicia on metered reply envelopes
only when it is obvious that an incorrect amount of postage was printed
on them.
h. The refund request must be submitted on PS Form 3533. A separate
PS Form 3533 must be completed for each meter for which a refund is
requested. All identifying information and all sections related to the
refund request must be completed. Charges for processing a refund
request for unused, dated meter indicia are as follows:
1. If the total face value of the indicia is $350 or less, the
amount refunded is 90% of the face value. USPS may process the refund
payment locally via a no-fee postal money order.
2. If the total face value is more than $350, the amount refunded
is reduced by a figure representing $35 per hour, or fraction thereof,
for the actual hours to process the refund, with a minimum charge of
$35. The postmaster will submit the approved PS Form 3533 to the USPS
Imaging and Scanning Center for payment processing through the
Accounting Service Center.
9.3.3 Unused, Dated PC Postage Indicia
[Revise 9.3.3 as follows:]
Unused, dated PC Postage indicia are considered for refund only if
complete, legible, and valid. The refund request must be submitted as
follows:
a. Only authorized PC Postage users may request the refund. Users
must submit the request to their system provider. The request is
processed by the provider, not the USPS.
b. Requests for refund of PC Postage indicia that contain a valid
Postal Identification Code (PIC) must be submitted by authorized users
to their provider electronically in accordance with procedures
available from their provider. Valid PICs include any form of Delivery
Confirmation or Signature Confirmation service, Express Mail service or
Confirm[supreg] Code. Authorized users must initiate requests for
electronic refunds within ten (10) days of printing the indicia.
Refunds for postage associated with a PIC may only be submitted
electronically. Physical submissions are not permitted.
c. Requests for refund of PC Postage indicia which do not have an
associated PIC must be physically submitted by authorized users to
their provider, along with the items bearing the unused postage, in
accordance with procedures available from their provider. Authorized
users must submit the refund request within sixty 60 days of
[[Page 52027]]
the date(s) shown in the indicia. The refund request must be submitted
as required in 9.3.2d. through 9.3.2g.
d. The provider may, at its discretion, charge for processing a
refund request.
[Revise title, introductory text, and items a and c of 9.3.4 as
follows:]
9.3.4 Unused, Undated Metered Postage
Unused, undated postage evidencing system indicia are considered
for refund only if complete, legible, and valid. The refund request
must be submitted as follows:
a. Only the authorized user or the commercial entity that prepared
the mailing for the authorized user may request the refund. The request
must include a letter signed by the authorized user or the commercial
entity that prepared the mailing explaining why the mailpieces were not
mailed.
* * * * *
c. The authorized user, or the commercial entity that prepared the
mailing for the authorized user, must submit the request, along with
the items bearing the unused postage and the required documentation, to
the manager, business mail entry at the district Post Office overseeing
the mailer's local Post Office, or to a designee authorized in writing.
The manager or designee approves or denies the refund request.
* * * * *
[Renumber 9.3.5 as new 9.3.6. Add new 9.3.5 to read as follows:]
9.3.5 Unused, Undated PC Postage Indicia
Refunds will not normally be provided for valid, undated,
serialized PC Postage indicia containing commonly used postage values.
If the authorized user believes there are extraordinary circumstances,
requests for such refunds must be made by the authorized user in
accordance with the procedures outlined in 9.3.3.c along with a
detailed description of the extraordinary circumstances. Requests will
be considered by the provider on a case by case basis.
9.3.6 Ineligible Metered Postage Items
The following metered postage items are ineligible for refunds:
* * * * *
[Revise item d of renumbered 9.3.6 to change ``licensing post
office'' to ``Local Post Office'' as follows:]
d. Indicia lacking identification of the local Post Office or other
required information.
* * * * *
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E7-18035 Filed 9-11-07; 8:45 am]
BILLING CODE 7710-12-P