[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Proposed Rules]
[Pages 65429-65430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28958]


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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: Only manufacturers and distributors authorized by the Postal 
Service are allowed to manufacturer and/or distribute postage meters. 
This proposed rule notifies them that the Postal Service may revoke or 
suspend, wholly or in part, their authorization to distribute postage 
meters if they make or distribute false and misleading statements about 
actions or proposed actions of the Postal Service regarding the postage 
meter program.

DATES: The Postal Service must receive your comments on or before 
December 22, 2003.

ADDRESSES: Mail or deliver written comments to 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 703-292-3691 or by fax at 703-292-4073.

SUPPLEMENTARY INFORMATION: The intentional dissemination of false and 
misleading communications, advertising, or promotional materials that 
misrepresent actions or proposed actions of the Postal Service is 
misleading and confusing to customers of the Postal Service. These 
false and misleading statements are often made to encourage customers 
to change from one postage meter or postage meter supplier to another. 
If the Postal Service identifies such practices, it will take 
appropriate action to notify law enforcement agencies concerned with 
false and misleading advertising practices and will take action to 
publish the deceptive communications or advertising with appropriate 
corrective statements. In addition, by the proposed rule, the Postal 
Service is providing notice to authorized postage meter manufacturers 
and distributors that their approval to distribute meters throughout 
the United States or any part thereof may be jeopardized if the Postal 
Service determines that they or their employees, agents, or dealers 
have engaged in such false and misleading communication or advertising 
practices. If an authorized manufacturer or distributor is in doubt as 
to the accuracy of any proposed representation concerning actions or 
proposed actions of the Postal Service, they are invited to verify the 
accuracy of the representation with the office of Postage Technology 
Management.
    We will review any public comments and will issue a final rule 
amending these sections.

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

[[Page 65430]]

to the Code of Federal Regulations (CFR).

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. Redesignate current Sec. Sec.  501.23 through 501.30 as 
Sec. Sec.  501.24 through 501.31 and add new Sec.  501.23 to read as 
follows:


Sec.  501.23  Communications.

    Authorized manufacturers, distributors, and any agents of an 
authorized manufacturer or distributor must not intentionally 
misrepresent to customers of the Postal Service decisions, actions, or 
proposed actions of the Postal Service respecting the postage meter 
program. The Postal Service reserves the right to suspend and/or revoke 
the authorization to manufacture and/or distribute postage meters 
throughout the United States or any part thereof under Sec. 501.5 when 
the manufacturer, distributor, or any agent of a manufacturer or 
distributor fails to comply with this requirement.

    We will publish an appropriate amendment to 39 CFR part 501 to 
reflect these changes if the proposal is adopted.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 03-28958 Filed 11-19-03; 8:45 am]
BILLING CODE 7710-12-P