[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Proposed Rules]
[Page 70712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29939]


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POSTAL SERVICE

39 CFR Part 501


Authorization To Manufacture and Distribute Postage Meters

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: This proposed rule clarifies and strengthens requirements for 
postage meter manufacturers to control what a postage meter allows the 
licensed user to print.

DATES: The Postal Service must receive your comments on or before 
December 26, 2002.

ADDRESSES: Mail or deliver written comments to the manager, Postage 
Technology Management, 1735 N. Lynn Street, Room 5011, Arlington, VA 
22209-6370. You can view and copy all written comments at the same 
address between 9 a.m. and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Wayne Wilkerson, manager of Postage 
Technology Management, at 703-292-3782, or by fax at 703-292-4073.

SUPPLEMENTARY INFORMATION: Some postage meters and postage evidencing 
systems can print written or graphic matter in addition to a U.S. 
Postal Service-approved indicium-evidencing payment of United States 
postage. Written or graphic matter, other than Postal Service-approved 
indicia, printed by a meter or postage evidencing system, could convey 
a false impression that the Postal Service had approved the content of 
both the indicia and any additional printed matter. For this reason, 
the Domestic Mail Manual provides in P030.9.8 that such ``printed 
matter may not be obscene, defamatory of any person or group, or 
deceptive, and it must not advocate any unlawful action.'' When 39 CFR 
501.23(d) was adopted, meter stamps and other printed matter were 
printed with printing plates engraved for customers by the approved 
postage meter manufacturers. Accordingly, the responsibility for 
complying with the regulation clearly rested upon the approved meter 
manufacturer, and failure to comply with a postal meter regulation 
could result, under 39 CFR 501.5, in the suspension or revocation of a 
manufacturer's approval to distribute postage meters. Manufacturers are 
now distributing Postal Service-approved postage meters and postage 
evidencing systems that employ digital printing technology. The 
proposed rule seeks to make clear that the approved manufacturers 
continue to be responsible for controlling the printing capabilities of 
their products in order to meet the requirements of the Domestic Mail 
Manual.
    We will review any public comments and will issue a final rule 
amending the regulations. When this proposed rule is issued as a final 
rule, we will revise the Domestic Mail Manual to notify users of meters 
and postage evidencing systems that the meter manufacturers and 
providers are responsible for controlling what the user is allowed to 
print using the postage meter or postage evidencing system.

Notice and Comment

    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 amendments to the Code of Federal 
Regulations.

List of Subjects in 39 CFR Part 501

    Administrative practice and procedure, Postal Service.

    For the reasons set out in this document, the Postal Service is 
proposing to amend 39 CFR part 501 as follows:

PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE 
METERS

    1. The authority citation for part 501 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 
2601, 2605; Inspector General Act of 1978, as amended (Public Law 
95-452, as amended); 5 U.S.C. App. 3.

    2. Sec.  501.23(d) is revised to read as follows:


Sec.  501.23  Distribution controls.

    Each authorized postage meter manufacturer must do the following:
* * * * *
    (d) Control all print capabilities of the postage meter or postage 
evidencing system, including printing of indicia and all other matter 
printed by the system, by supplying only meter slogans, ad plates, or 
other print capabilities that meet all Postal Service requirements, 
including those for suitable quality and content.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 02-29939 Filed 11-25-02; 8:45 am]
BILLING CODE 7710-12-P