[Federal Register Volume 68, Number 203 (Tuesday, October 21, 2003)]
[Proposed Rules]
[Pages 60052-60054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26438]


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POSTAL SERVICE

39 CFR Part 111


Sender-Identified Mail: Enhanced Requirement for Discount Rate 
Mailings

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the Domestic Mail Manual (DMM) 
to require enhanced sender identification for all discount rate 
mailings.

DATES: Submit comments on or before November 20, 2003.

ADDRESSES: Mail or deliver written comments to the Manager, Mailing 
Standards, U.S. Postal Service, 1735 N. Lynn Street, Room 3025, 
Arlington, VA 22209-6038. 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 Postal Service Headquarters Library, 475 
L'Enfant Plaza, SW., 11th Floor North, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Joel Walker, Mailing Standards, United 
States Postal Service, (703) 292-3648.

SUPPLEMENTARY INFORMATION: The Postal Service is proposing this 
enhanced requirement because sender identification of all discount rate 
mailings would serve as a tool in identifying the senders of a large 
portion of the mailstream. It could also facilitate investigations into 
the origin of suspicious mail.
    As background, two congressional committees urged the Postal 
Service to explore the concept of sender identification, including 
``the feasibility of using unique, traceable identifiers applied by the 
creator of the mail piece.'' S. Rept. 107-212, p. 50; see also H. Rept. 
107-575, p. 46. The President's Commission on the United States Postal 
Service recently recommended the use of sender identification for every 
piece of mail. ``Embracing the Future,'' Report of the President's 
Commission on the United States Postal Service (July 31, 2003) pp. 147-
8. Requiring sender-identification for discount rate mail is an initial 
step on the road to intelligent mail.
    It should be noted that the pieces in most discount rate mailings 
already bear some evidence of the identity of the sender. The sender's 
identity usually can be determined via the postage payment method used 
by the mailer, since all discount rate mailings must have postage paid 
using permit imprints, precanceled stamps, or meter postage.
    Except for a company permit imprint format, mailers who pay postage 
using regular permit imprints must display an indicia on each mailpiece 
that shows the permit imprint number and the city and state where the 
permit is held. Mailpieces bearing a company permit imprint (which do 
not require the indicia to show the permit imprint number and the city 
and state of issue) must display the sender's domestic return address 
on each mailpiece as stated in current DMM A010.4.3. Mailers who pay 
postage on their discount rate mailings using precanceled stamps also 
are required to display the sender's domestic return address on each 
mailpiece. For discount rate mailings that bear meter postage, the 
meter imprint or indicia on each mailpiece must contain information 
that can be used to identify the name and address of the meter license 
holder.
    In this proposed rule, the Postal Service seeks to enhance mail 
security by requiring that all discount mail be ``sender identified.'' 
Specifically, the Postal Service proposes revisions to the mailing 
standards in DMM E050, E110, E211, E610, and E710. The revision to DMM 
E050 would state that franked mail sent at discount rates would be 
considered sender-identified mail. The revisions to DMM E110, E211, 
E610, and E710 would require all discount rate mailings to meet a 
sender-identification requirement. Since many discount rate mailings 
already meet this requirement, the Postal Service proposal would have 
little impact on most discount rate mailers. However, it is likely that 
some discount rate mailers may need to change their current procedures 
to comply with the proposed sender-identification requirement. If the 
requirement is adopted, its effect would be slightly tighter 
requirements for identifying the sender of a discount rate mailing.
    The proposed rule would further enhance existing requirements by 
specifically requiring that all discount rate mailings allow a 
reasonable means for identifying the sender of a mailpiece sent at a 
discount postage rate.
    Under this proposal, sender-identified mail would include all 
mailpieces that are part of a First-Class Mail, Periodicals, Standard 
Mail, or Package Services mailing that is eligible for and claims any 
discounted postage rate. To be considered as sender-identified, each 
discount rate mailpiece would be required to meet one of the following 
requirements:
    [sbull] Postage paid using a permit imprint or metered postage: If 
the permit imprint permit or meter license is not issued in the same 
name as that of the sender (i.e., owner) of the mailpiece, one of the 
following requirements must be met:
    (a) Each mailpiece must display a domestic return address that is 
the actual address of the sender (i.e., owner) of the mailpiece such 
that it enables identification of the origin location or organization 
of the mailing.
    (b) The permit imprint holder or meter licensee must maintain 
adequate records that indicate the actual name and address of the 
sender (i.e., owner) of the mailpiece. The records must be

[[Page 60053]]

retained for one year from the date of the mailing and must be made 
available to the U.S. Postal Inspection Service immediately upon 
request.
    [sbull] Postage paid using precanceled stamps: Each mailpiece must 
bear a domestic return address. If the return address is not the 
address of the precanceled stamp permit holder, the party located at 
the return address shown on the mailpiece must maintain adequate 
records that indicate the actual name and address of the sender (i.e., 
owner) of the mailpiece. The records must be retained for one year from 
the date of the mailing and must be made available to the U.S. Postal 
Inspection Service immediately upon request.
    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act [5 U.S.C. of 553(b), (c)] regarding 
proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites 
public comment on the following proposed revisions to the Domestic Mail 
Manual, incorporated by reference in the Code of Federal Regulations. 
See 39 CFR 111.1.

List of Subjects in 39 CFR Part 111

    Postal Service.

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, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

    2. Amend the following sections of the Domestic Mail Manual (DMM) 
as set forth below:

E Eligibility

E000 Special Eligibility Standards

* * * * *

E050 Official Mail (Franked)

1.0 BASIC INFORMATION
* * * * *
[Add new 1.8 specifying that franked mail meets the sender-identified 
requirement, to read as follows:]

1.8 Sender-Identified Mail Requirement

    Placement of the written or printed facsimile signature or other 
markings specified in Exhibit 1.1 meets the sender-identified 
requirement for discount rate franked mailings made under E100, E600, 
and E700.
* * * * *

E100 First-Class Mail

E110 Basic Standards

* * * * *
[Renumber current 4.0 and 5.0 as new 5.0 and 6.0, respectively. Add new 
4.0 to state the new requirements for sender-identified mail to read as 
follows:]
4.0 SENDER-IDENTIFIED MAIL

4.1 Requirement

    To be eligible for any First-Class Mail discount postage rates 
under E130 or E140, all mailpieces must identify the sender. Postage 
must be paid using a permit imprint, meter, or precanceled stamp. 
Sender-identified mail must meet the requirements in 4.2, 4.3, or 4.4.

4.2 Permit Imprint Mailings

    If the permit imprint appearing on discount rate First-Class Mail 
pieces is not issued in the same name as that of the sender (i.e., 
owner) of the mailpiece, one of the following requirements must be met:
    a. Each mailpiece must display a domestic return address that is 
the actual address of the sender (i.e., owner) of the mailpiece such 
that it enables identification of the origin location or organization 
of the mailing.
    b. The permit imprint holder must maintain adequate records that 
indicate the actual name and address of the sender (i.e., owner) of the 
mailpiece. The records must be retained for one year from the date of 
the mailing and must be made available to the U.S. Postal Inspection 
Service immediately upon request.

4.3 Precanceled Stamp Mailings

    Each mailpiece bearing precanceled stamps and sent at a First-Class 
Mail discount postage rate must bear a domestic return address. If the 
return address is not the address of the precanceled stamp permit 
holder the party located at the return address shown on the mailpiece 
must maintain adequate records that indicate the actual name and 
address of the sender (i.e., owner) of the mailpiece. The records must 
be retained for one year from the date of the mailing and must be made 
available to the U.S. Postal Inspection Service immediately upon 
request.
* * * * *

E200 Periodicals

E210 Basic Standards

E211 All Periodicals

* * * * *
[Renumber current 1.4 as 1.5. Add new 1.4 to state the new requirements 
for sender-identified mail read as follows:]

1.4 Sender-Identified Mail Requirement

    To be eligible for any Periodicals discount postage rates under 
E217, E220, E230, E240, E250, E260, and E270, all mailpieces must 
identify the sender. A Periodicals publication that bears a properly 
prepared identification statement as required in E211 meets the sender-
identified requirement.
* * * * *

E600 Standard Mail

E610 Basic Standards

[Renumber current 5.0 through 9.0 as 6.0 through 10.0 respectively. Add 
new 5.0 to state the new requirements for sender-identified mail to 
read as follows:]
5.0 SENDER-IDENTIFIED MAIL

5.1 Requirement

    To be eligible for claiming any Standard Mail discount postage 
rates under E620, E630, E640, E650, and E670, all mailpieces must 
identify the sender. Postage must be paid using a permit imprint, 
meter, or precanceled stamp. Sender-identified mail must meet the 
requirements in 5.2 or 5.3.

5.2 Permit Imprint and Metered Mailings

    If the permit imprint or meter indicia appearing on discount rate 
Standard Mail pieces is not issued in the same name as that of the 
sender (i.e., owner) of the mailpiece, one of the following 
requirements must be met:
    a. Each mailpiece must display a domestic return address that is 
the actual address of the sender (i.e., owner) of the mailpiece such 
that it enables identification of the origin location or organization 
of the mailing.
    b. The permit imprint holder or meter licensee must maintain 
adequate records that indicate the actual name and address of the 
sender (i.e., owner) of the mailpiece. The records must be retained for 
one year from the date of the mailing and must be made available to the 
U.S. Postal Inspection Service immediately upon request.

5.3 Precanceled Stamp Mailings

    Each mailpiece bearing precanceled stamps and sent at a Standard 
Mail discount rate must bear a domestic return address. If the return 
address is not the address of the precanceled stamp permit holder, the 
party located at the return address shown on the mailpiece must 
maintain adequate records that indicate the actual name and address of 
the sender (i.e., owner) of the mailpiece. The records must be

[[Page 60054]]

retained for one year from the date of the mailing and must be made 
available to the U.S. Postal Inspection Service immediately upon 
request.
* * * * *

E700 Package Services

E710 Basic Standards

* * * * *
[Renumber current 4.0 as 5.0. Add new 4.0 to state the new requirements 
for sender-identified mail to read as follows:]
4.0 SENDER-IDENTIFIED MAIL

4.1 Requirement

    To be eligible for any Package Services discount postage rates 
under E712, E713, E714, E751, E752, and E753, all mailpieces must 
identify the sender. Postage must be paid using a permit imprint, 
meter, or precanceled stamp. Sender-identified mail must meet the 
requirements in 4.2 or 4.3.

4.2 Permit Imprint and Metered Mailings

    If the permit imprint or meter indicia appearing on discount 
postage rate Package Services mailpieces is not issued in the same name 
as that of the sender (i.e., owner) of the mailpiece, one of the 
following requirements must be met:
    a. Each mailpiece must display a domestic return address that is 
the actual address of the sender (i.e., owner) of the mailpiece such 
that it enables identification of the origin location or organization 
of the mailing.
    b. The permit imprint holder or meter licensee must maintain 
adequate records that indicate the actual name and address of the 
sender (i.e., owner) of the mailpiece. The records must be retained for 
one year from the date of the mailing and must be made available to the 
U.S. Postal Inspection Service immediately upon request.

4.3 Precanceled Stamp Mailings

    Each mailpiece bearing precanceled stamps and sent at a Package 
Services discount postage rate must bear a domestic return address. If 
the return address is not the address of the precanceled stamp permit 
holder, the party located at the return address shown on the mailpiece 
must maintain adequate records that indicate the actual name and 
address of the sender (i.e., owner) of the mailpiece. The records must 
be retained for one year from the date of the mailing and must be made 
available to the U.S. Postal Inspection Service immediately upon 
request.
* * * * *
    We will publish an appropriate amendment to 39 CFR 111 to reflect 
these changes if the proposal is adopted.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 03-26438 Filed 10-20-03; 8:45 am]
BILLING CODE 7710-12-P