[Federal Register Volume 90, Number 153 (Tuesday, August 12, 2025)]
[Proposed Rules]
[Pages 38716-38722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15266]


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POSTAL SERVICE

39 CFR Part 111


Postmarks and Postal Possession

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The United States Postal Service seeks comment on a proposed 
addition to the Mailing Standards of the United States Postal Service, 
Domestic Mail Manual (DMM). Specifically, the Postal Service proposes 
to add Section 608.11, ``Postmarks and Postal Possession.'' This 
Section will serve multiple purposes. It will define the postmark, will 
identify the types of Postal Service markings that qualify as 
postmarks, and will describe the circumstances under which those 
markings are applied. This Section will also explain that, while the 
presence of a postmark on a mailpiece confirms that the Postal Service 
was in possession of the mailpiece on the date of the postmark's 
inscription, the postmark date does not inherently or necessarily align 
with the date on which the Postal Service first accepted possession of 
a mailpiece. In addition, this Section will advise customers of the 
options available if they want evidence of the exact date on which the 
Postal Service first accepted possession of their mailpiece. The 
proposed DMM addition does not signal and would not effect a change in 
postmarking procedures; postmarks will continue to be applied to 
Single-Piece First Class Mail pieces, both letter-shaped and flat-
shaped, in

[[Page 38717]]

the same manner and to the same extent as before.

DATES: Comments must be received on or before September 11, 2025.

ADDRESSES: Mail or deliver written comments to the Director, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-3436. Email comments, containing the name and 
address of the commenter, may be sent to [email protected], 
with a subject line of ``Postmarks and Postal Possession.'' Faxed 
comments are not accepted. All submitted comments and attachments are 
part of the public record and subject to disclosure. Do not enclose any 
material in your comments that you consider to be confidential or 
inappropriate for public disclosure. You may inspect and photocopy all 
written comments, by appointment only, at USPS[supreg] 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. 
and 4 p.m. by calling 202-268-2906.

FOR FURTHER INFORMATION CONTACT: Martha Johnson, Senior Public 
Relations Representative, at [email protected] or (202) 268-
2000.

SUPPLEMENTARY INFORMATION: The Postal Service is using this rulemaking 
to explain the Postal Service's operational use of the postmark and the 
information conveyed by postmarks; to solicit feedback regarding the 
content proposed for the DMM and recommendations on how best to educate 
the public about the added DMM provision once it is finalized; to 
advise the public that customers who want a postmark aligning with the 
date on which the Postal Service first accepted possession of their 
mailpiece may request a manual (local) postmark at a retail location; 
and to remind the public of services available for purchase (including, 
but not limited to, Certificates of Mailing) that provide a receipt 
proving the exact date on which the Postal Service first accepted 
possession of the customer's mailpiece.

I. Introduction

    This introduction begins by sketching the history of postmarking as 
it developed in the United States. It then describes the use and 
application of postmarks in the contemporary postal system and 
acknowledges the postmark's use by other parties in certain instances.

A. A Brief History of the Postmark

    Contemporary postmarks encompass two separate markings with 
distinct origins: one that inscribes the date and place of application, 
and one that recognizes the payment of postage fees (i.e., via the 
obliteration or cancellation of pre-paid stamps).
    Marks inscribing the date and place of application have a long 
history. Early postmarks in the United States resembled the British 
Post Office's ``Bishopp Mark'' (created in 1660), featuring in their 
top half the month and in their bottom half the date that the Post 
Office accepted the mailpiece. A February 20, 1792, ``Act to Establish 
the Post-Office and Post Roads within the United States,'' established 
postage fees based on distance travelled and number of sheets of paper, 
and postmarking practices evolved accordingly: though Congress would 
pass multiple bills tweaking the criteria for determining postage fees 
(for example, in 1845, price was indexed to weight rather than to the 
number of sheets of paper), United States mail thereafter regularly 
bore indications of the location and date of the mailpiece's origin and 
of the fee charged for postage. An Act of Congress in 1855 enforced 
pre-paid postage and empowered the Postmaster General to make made 
adhesive stamps compulsory. Shortly thereafter, postage stamps became 
the common currency of the mails.
    At first, postage stamps were ``canceled'' or ``obliterated'' in a 
variety of ways, including with pen and ink, with the standard date-
and-place postmark, or with a ``killer'' or ``canceler'' that used a 
variety of means (including stamping and, occasionally, tearing postage 
stamps) to prevent stamps from being reused. An order from the 
Postmaster General on July 23, 1860, prohibited the use of postmarks as 
canceling instruments; in consequence, two marks, the cancellation 
stamp and the postmark bearing a location and date, began to appear 
side by side--a pattern that remained prevalent even after 1863, when 
uniform prices were adopted for mail between all points within the 
United States. This pattern was subsequently taken up, in the second 
half of the 19th century, by early cancellation machines, and it 
remains visibly present today.
    Thus, the ``postmark'' as it is known today historically consisted 
of two separate markings, with two distinct (albeit interrelated) 
functions. The cancellation marking served to prevent the reuse of pre-
paid postage. The marking with a date and place, which originally 
correlated (in the United States at least) with a scheme of zoned fee 
assessments and therefore helped determine the price to be paid, 
provided an index of time and distance travelled. Both of these 
functions were created for purposes related to postal operations.

B. Use and Application of Postmarks in the Contemporary System

    As in the past, modern postmarks consist of markings applied by the 
Postal Service to a mailpiece that: (1) display the location of the 
postal unit or facility that applied the marking and the date that the 
mailpiece was accepted by or first processed on equipment in that unit 
or facility, and (2) where necessary, cancel postage so that it may not 
be reused.
    Modern postmarks are typically applied by automation at originating 
processing facilities, but they also can be applied manually at those 
facilities, or, upon a customer's request, at a retail location when a 
mailpiece is presented for mailing:
     Automated Machine Cancellations. For Single-Piece First 
Class Mail, postmarks are applied by automated cancellation machines 
(currently, by Advanced Facer Cancellation System (AFCS) machines for 
letter-shaped mail, and by Automated Flats Sorting Machines (AFSMs) for 
flat-shaped mail). These machines are located in originating processing 
facilities, including in Regional Processing and Distribution Centers 
(RPDCs) and select Local Processing Centers (LPCs) within the 
redesigned network to which the Postal Service is currently 
transitioning. (90 FR 10857). These machines position and cancel 
collection mail and perform a variety of other functions (e.g., reading 
barcodes on pre-barcoded mail and diverting certain mailpieces onto a 
reject stacker for additional processing). Machine-applied postmarks 
register the location of the processing facility and the date of the 
first automated processing operation performed on a mailpiece at that 
facility, and, where necessary, cancel postage.
     Manual Postmarks on Non-Machinable Mail at Processing 
Facilities. Where a mailpiece that would ordinarily be postmarked on an 
automated cancellation machine is unable to be canceled by the machine, 
the Postal Service may apply a manual postmark to the mailpiece at the 
originating processing facility. Like automated machine cancellations, 
these manual postmarks register the facility at which the mailpiece was 
received and the date the first automated processing operation would 
have been performed on a mailpiece at that facility.
     Postmarks at Retail Locations. While most postmarks are 
applied at processing facilities, the Postal Service makes manual 
(local) postmarks available, upon a customer's request, at

[[Page 38718]]

the retail counter of every Post Office, station, or branch. Like 
postmarks applied in processing facilities, postmarks at retail 
locations cancel postage (if necessary), and indicate the location of 
the retail unit at which the postmark is applied. But because these 
postmarks are applied (upon a customer's request) at the retail counter 
when the mailpiece is tendered for mailing, the date on the postmark 
also aligns with the date on which the Postal Service first accepted 
possession of the mailpiece. Under Section 312.2 of the Postal 
Operations Manual, postmarks at retail locations are free of charge and 
are available for up to 50 mailpieces per customer; customers who wish 
to obtain such postmarks on more than 50 mailpieces should contact the 
local postmaster or other manager in advance to ensure that adequate 
resources are available to provide a manual (local) postmark.
     Postage Validation Imprint (PVI) Labels. PVI labels are 
the functional equivalent of postmarks applied at the retail counter. 
These labels are printed by Postal Service employees at retail 
locations and are applied to a mailpiece by Postal Service employees 
upon acceptance of the piece. These labels indicate the postage paid 
for a mailpiece and the location of the retail unit at which the 
mailpiece was accepted. Like a postmark applied at the retail counter, 
the date on a PVI label aligns with the date on which the Post Service 
first accepted possession of the mailpiece. PVI labels also contain 
various tracking information.

C. Third Party Uses of the Postmark

    While the postmark's historic and current uses are tied to postal 
operations, the Postal Service is aware that customers and other 
entities have used certain components of postmarks for other purposes, 
including by looking to the fact of a postmark to confirm that a 
mailpiece was sent through the mail (i.e., was in Postal Service 
possession) and by utilizing the postmark date as evidence of the date 
of mailing (i.e., the date that the Postal Service accepted possession 
of the mailpiece).
    For example, postmark dates are referenced in various federal court 
rules that concern the filing of specific documents; \1\ in analogous 
state court rules; \2\ in federal statutes such as the Internal Revenue 
Service's reliance on the postmark for evidence of timely filing; \3\ 
and in state tax statutes and other laws.\4\
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    \1\ Generally, the postmark date is not relevant in filings in 
federal courts. See, e.g., Fed. Rule App. P. 25(a)(2)(A)(i) (for 
nonelectronic filings, ``filing is not timely unless the clerk 
receives the papers within the time fixed for filing''). There are, 
however, some limited exceptions, most notably Supreme Court Rule 
29, which allows that ``[a] document is timely filed if . . . it is 
sent to the Clerk through the United States Postal Service by first-
class mail (including express or priority mail), postage prepaid, 
and bears a postmark, other than a commercial postage meter label, 
showing that the document was mailed on or before the last day for 
filing.''). See also Fed. R. App. P. 13(a)(2) (predicating appeals 
from U.S. Tax Court on the Internal Revenue Code's timely mailing 
provisions, under which notices of appeal sent by mail are 
considered to be filed as of the date on a postmark).
    \2\ Many state courts have adopted rules accepting the postmark 
as evidence of the date that certain types of documents were mailed 
and/or filed. By way of example, Rule 19.260 of the Oregon Rules of 
Civil Procedure provides that, regardless of the date of actual 
receipt by the court, the date of filing of the notice of appeal is 
the date of mailing, provided the notice is ``[m]ailed by any class 
of mail from the United States Postal Service and the party filing 
the notice has proof from the United States Postal Service of the 
mailing date.'' Furthermore, ``[a]ny record of mailing or dispatch 
from the United States Postal Service . . . showing the date that 
the party initiated mailing or dispatch is sufficient proof of the 
date of mailing or dispatch.'' Id. Finally, ``[i]f the notice is 
mailed via the United States Postal Service first class mail, the 
date shown on the postmark affixed by the United States Postal 
Service constitutes sufficient proof of mailing or dispatch under 
this subsection.'' Id.
    \3\ Under 26 U.S.C. 7502(a), where tax documents and payments to 
the Internal Revenue Service (IRS) are sent by mail and are 
delivered after the prescribed due date, the date of the ``United 
States postmark stamped on the cover in which such return, claim, 
statement, or other document, or payment, is mailed shall be deemed 
to be the date of delivery or the date of payment, as the case may 
be.''
    \4\ Many state tax statutes (and/or accompanying regulations) 
incorporate postmarks in a manner similar to 26 U.S.C. 7502(a). See, 
e.g., ORS Sec.  305.820 (a covered tax-related writing or remittance 
that is ``[t]ransmitted through the United States mail . . . shall 
be deemed filed or received on the date shown by the cancellation 
mark or other record of transmittal, or on the date it was mailed or 
deposited if proof satisfactory to the addressee establishes that 
the actual mailing or deposit occurred on an earlier date.''). 
Similar postmarking provisions exist across a broad spectrum of 
state laws and regulations. To cite but one example, Illinois's 
Statute on Statutes provides that, unless an Act specifies 
otherwise, any writing or payment required or authorized to be filed 
with a state or local government ``shall be deemed filed with or 
received by the State or political subdivision on the date shown by 
the post office cancellation mark stamped upon the envelope or other 
wrapper containing it.'' 5 ILCS 70/1.25.
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    Furthermore, numerous election jurisdictions utilize the postmark 
to accept certain completed ballots as timely where they are sent by 
mail but are received after Election Day. Some voter registration laws 
similarly utilize the postmark to accept mailed registration forms that 
are received after the registration deadline.
    Entities within the private sector (e.g., banks, insurers, 
regulated utilities companies) may also base ``grace period'' policies 
on the postmark in a manner analogous to the statutory and regulatory 
rules detailed above. That is, they may accept payments or other 
communications that arrive by mail after the stipulated deadline, 
provided that such payments or other communications were mailed before 
the stipulated deadline, as indicated by the Postal Service postmark.

II. Clarifying the Potential Uses and Limitations of the Postmark and 
Other Markings

    Given the prevalence of third-party uses of the postmark to confirm 
that an item was sent by mail or as evidence of the date of mailing, 
the Postal Service is using this rulemaking as an opportunity to 
educate the public about the information that postmarks convey and the 
methods customers can use to confirm that the Postal Service had 
possession of a mailpiece and the date on which such possession 
occurred.
    The Postal Service first accepts possession of a mailpiece under a 
variety of circumstances--for example, when a letter carrier collects a 
mailpiece from a mailbox or collection box, or when a postal retail 
associate accepts a mailpiece from a customer at a retail location. 
While the date on a postmark applied by automation in an originating 
processing facility often coincides with the date on which the Postal 
Service first accepted possession of the relevant mailpiece, the date 
of acceptance and the postmark date are not always in alignment, and 
this lack of alignment will become more common with the implementation 
of the Regional Transportation Optimization (RTO) initiative and the 
corresponding adoption of ``leg''-based service standards. (90 FR 
10857). However, there are other available ways to obtain proof of the 
date on which a mailpiece first entered the Postal Service's 
possession: for instance, customers can take advantage of the Postal 
Service's Certificate of Mailing service.
    The postmark is not currently defined in any Postal Service 
regulation. The proposed DMM language will clearly define the postmark 
(including the significance of the date appearing on a postmark); will 
identify the various markings and indicia that qualify as postmarks, 
together with the locations at which such postmarks are applied; and 
will explain the information that such postmarks convey, specifically 
regarding the date when the Postal Service accepted possession of a 
mailpiece. It will then remind customers who wish to retain proof of 
the date on which the Postal Service first accepted possession of their 
mailpiece(s) of the services (including Certificates of Mailing) that 
provide such proof. Finally, it will identify

[[Page 38719]]

certain auxiliary markings and scan data generated during the course of 
postal operations which indicate postal possession of a mailpiece (but 
not necessarily the date on which the Postal Service first accepted 
possession of a mailpiece). To be clear, and as noted above, this 
provision simply reflects in the DMM the Postal Service's current 
operational practices regarding postmarking, and makes no changes in 
that regard.
    The proposed addition to the DMM described in this rulemaking would 
have no impact on philatelic sales and services (including philatelic 
postmarking), which will continue to be offered as described in Section 
1702 of the Mail Classification Schedule and Section 608.4 of the DMM.

A. Postmarks and the Date of Postal Service Possession

    The presence of a postmark on a mailpiece confirms that the Postal 
Service had possession of that mailpiece on that date (i.e., that the 
item was in the mailstream on the identified date). However, the 
postmark date does not necessarily indicate the first day that the 
Postal Service had possession of the mailpiece. Moreover, the absence 
of a postmark does not suggest that the Postal Service did not have 
possession of the mailpiece.
    It is important to note that the Postal Service does not postmark 
every piece of mail in the normal course of operations. Much of our 
mail volume--such as Marketing Mail, Presort First-Class Mail, and 
metered mail presented to the Postal Service in trays--bypasses 
originating processing operations, including machine cancellation. And, 
while the Postal Service's operations are designed to postmark letters 
and flats that are entered as Single-Piece First-Class Mail and 
processed on automated cancellation machines, there are occasionally 
circumstances where a legible postmark is not applied, including where 
a mailpiece is stuck to another mailpiece when it runs through the 
cancelling machine, or where the machine runs out of ink or smears when 
applying postmarks.
    We also caution that the dates on pre-printed labels applied by the 
customer prior to mailing--e.g., postage printed from Self-Service 
Kiosks (SSK), Click-N-Ship online postage, and meter strips--show 
merely that a customer has purchased or applied postage on a particular 
date; they do not in themselves demonstrate that the Postal Service 
accepted the mailpiece on the date indicated on the customer-applied 
label or postage.

B. The Meaning of the Postmark Date on a Mailpiece

    Although every postmark contains a date, that date does not 
inherently align with the date that the Postal Service first accepted 
possession of a mailpiece. Rather, the postmark date represents the 
date on which a mailpiece was accepted at a retail location, or the 
date of the first automated processing operation performed on that 
mailpiece at a processing facility. Most postmarks fall into the latter 
group--that is, they are applied by machines in originating processing 
facilities. A mailpiece is not always entered into an originating 
processing facility on the same date that it was first tendered to the 
Postal Service, nor is it always processed on the same date that it 
arrived at a processing facility.\5\ As a result, the date of a 
postmark applied at a processing facility shows that a mailpiece was in 
the Postal Service's possession on that date but does not foreclose the 
possibility that the mailpiece was mailed before that date. In other 
words, the date on a machine-applied postmark may reflect the date on 
which the mailpiece was first accepted by the Postal Service, but that 
is not definitively the case. As noted, customers who wish to obtain a 
receipt containing the date when the Postal Service first accepted 
possession of a mailpiece can take advantage of one of the services 
(including the Certificate of Mailing service) that provide such 
receipts.
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    \5\ Note that the Postal Service deploys a ``rollover'' time on 
its processing machines to reflect the fact that originating 
operations for particular mailpieces occur overnight, and hence 
those operations can cross calendar days. The rollover time means 
that processing machines apply a cancellation mark reflecting the 
date of the originating operation for the mailpiece, even if the 
application of the postmark takes place after midnight. For example, 
if mail arrives at a plant at 10:00 p.m. and is scheduled for 
originating operation that operating day, but the AFCS operation is 
not complete until 4:00 a.m. the following calendar day, the 
postmark will nevertheless reflect the date that the mail arrived at 
the plant. However, there may be scenarios where mail will arrive at 
a processing facility on the day it is collected, but it is 
scheduled for originating operations on the next day, so that mail 
may not be cancelled on the date of entry.
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    Machine cancellations have never provided a perfectly reliable 
indicator of the date on which the Postal Service first accepted 
possession of a mailpiece, given Postal Service transportation 
schedules and other circumstances that can arise in the course of 
postal operations. For example, if a letter carrier returns late from a 
collection route, the mail collected on that route may miss the 
transportation to the processing facility on that day; or if a 
transportation trip from a retail unit to a processing facility is 
delayed, the mail on that truck may not arrive at the originating 
processing facility until the following day.
    The RTO initiative will make the scenario where a postmark date 
does not align with the date that the Postal Service first accepted 
possession of a mailpiece more common. As explained in proceedings 
before the Postal Regulatory Commission, as well as in a recent 
rulemaking published in the Federal Register, local transportation 
operations within the legacy network have typically utilized separate 
trips for morning drop-offs of destinating mail and evening pick-ups of 
originating mail or paid contracted transportation to undergo layovers 
between morning pick-ups and evening drop-offs. (90 FR 10857). In ZIP 
Codes where at least one delivery unit is located beyond a 50-mile 
driving distance threshold of its servicing RPDC, RTO consolidates 
drop-offs of destinating mail and collections of originating mail on a 
single transportation route, which saves money, reduces carbon 
emissions, and benefits processing operations for a number of reasons. 
RTO properly aligns transportation operations with the fact that the 
landscape of mail acceptance has fundamentally changed: the volume of 
Single-Piece First-Class Mail has declined by 80 percent since Fiscal 
Year 1997 and now comprises a minority of First-Class Mail volume 
overall.
    On such consolidated routes, a single truck generally drops off 
destinating volume in the morning, on the outgoing leg of the trip, and 
then proceeds to collect originating volume at locations in the line of 
travel of the return leg--though at some locations, pick-ups and drop-
offs may occur at the same stop on the route. As a result, pick-ups of 
originating volume subject to RTO's consolidated transportation scheme 
will generally occur the day after such volume is tendered to the 
Postal Service by a customer. Thus, RTO-impacted volume that first 
enters postal possession on a weekday not immediately followed by a 
holiday will be transported to a facility to be processed (and, as 
appropriate, postmarked on our automated cancellation machines) the 
following day. With the elimination of Sundays and holidays as transit 
days for the purposes of service performance measurement (90 FR 10857), 
RTO-impacted volume that first enters postal possession on a Saturday 
may be processed (and, as appropriate, postmarked by the automated 
machinery) the following Monday--a gap of two days; similarly, RTO-
impacted volume that first enters postal

[[Page 38720]]

possession on a weekday immediately before a holiday will generally be 
processed (and, as appropriate, postmarked by the automated machinery) 
on the day after the holiday--also a gap of two days. Finally, RTO-
impacted volume that first enters postal possession on a Saturday 
preceding a Monday-holiday may be processed (and as appropriate, 
postmarked by the automated machinery) on Tuesday--a gap of three days.
    It is important that mailers understand the distinction between the 
date when the Postal Service first accepted possession of mailpiece and 
the date registered by machine-applied postmarks. If the mailpiece is 
destined for automated processing, a machine-applied postmark provides 
evidence of postal possession and shows both the location of the 
processing facility that applied the postmark and the date of the first 
automated processing operation performed on the mailpiece; but as noted 
above, it does not necessarily provide evidence of the precise date on 
which the Postal Service first accepted possession of the postmarked 
mailpiece. To be clear, however, any discrepancy between the date when 
the Postal Service first accepted possession and the date reflected on 
a postmark applied in a processing facility will be only one day in the 
vast majority of cases, and such discrepancy will generally exist only 
with respect to letter-and flat-shaped mailpieces that are both subject 
to RTO and cancelled at a processing facility. For mailpieces accepted 
within 50 miles of the servicing RPDC, the date on a postmark applied 
in a processing facility should generally continue to align with the 
date that the Postal Service first accepted possession of the 
mailpiece.
    As noted above, manual (local) postmarking will continue to be 
offered on request at retail locations, and the dates indicated by such 
retail postmarks will align with the date on which the retail location 
(and therefore the Postal Service) accepted possession of the 
mailpiece. PVI labels likewise reflect the date on which the Postal 
Service accepted possession of the mailpiece. Customers may also obtain 
Certificates of Mailing as proof of the date on which their mailings 
were tendered to the Postal Service.

C. Stakeholder Input To Account for Third-Party Uses of the Postmark

    In developing this rulemaking and the proposed DMM language below, 
the Postal Service engaged in discussions with different stakeholders, 
including industry mailers, private sector representatives, and state 
election officials, to better understand how they currently use 
postmarks (and postmark dates), and to develop language for the DMM 
that would be useful to those stakeholders. We believe we have 
accounted for most of the feedback from those discussions in this 
proposed rule. To the extent we have not, or if there are concerns not 
yet considered, we look forward to review of comments received as part 
of this process.

III. Services Proving the Date of Postal Acceptance

    For customers who wish to retain a record or proof of the date on 
which the Postal Service first accepted possession of their mailpiece, 
the Postal Service offers extra services beyond the postmark that 
provide evidence of the date of a mailpiece's acceptance by the Postal 
Service. As described in Section 500.5 of the DMM, a Certificate of 
Mailing serves as a receipt, providing the mailer with evidence of the 
date on which a mailpiece was accepted by the Postal Service. As 
described in Sections 500.2 and 500.3 of the DMM respectively, 
Registered Mail and Certified Mail services also provide mailing 
receipts for individual mailpieces.

IV. Auxiliary Markings and Scan Data

    During the course of postal operations, the Postal Service may 
inscribe markings on mailpieces and/or generate scan data. For example, 
individual mailpieces that are processed on automation machines (i.e., 
mailpieces that are not deposited through bulk or commercial methods) 
are typically imprinted with a fluorescent identification tag on the 
back of the piece. This tag encodes a variety of information, including 
the day and month on which the mailpiece was processed at an 
originating processing facility. Such encoded information is not 
readable without a scanner. Intelligent Mail[supreg]Barcode (IMb) scans 
provide another source of auxiliary data. IMbs are applied by customers 
to mailpieces--primarily to letters, flats, and cards (as well as to 
certain competitive product mailings, such as USPS Priority 
Mail[supreg])--and encode a variety of data, including the identity of 
the mailer, the services requested, a serial number, and a routing 
code. The IMb itself does not verify Postal Service possession, as it 
is applied by a customer before a mailpiece is tendered to the Postal 
Service. But IMbs are typically scanned at various points in a 
mailpiece's trajectory, and each scan event reflects the time and place 
of the scan. Where the mailer includes unique serial numbers on each 
mailpiece containing an IMb, IMb scan data can be used to track the 
processing of specific mailpieces. Commercial mailers can access IMb 
scan data via the Informed Visibility interface. Please note that, for 
information generated by IMb scans to be accurate, IMbs must be 
properly prepared as specified in Section 204.1 of the DMM. Duplicate 
and/or illegible barcodes will compromise the availability and 
reliability of scan event data.
    Such auxiliary markings and data indicate possession of a 
mailpiece; however, they do not constitute evidence of the date when 
the Postal Service first accepted possession of a mailpiece. 
Furthermore, the absence of these auxiliary markings or data does not 
indicate that the Postal Service did not accept possession of a 
mailpiece.

V. Request for Comments

    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 comments on 
the proposed revisions to Mailing Standards of the United States Postal 
Service, Domestic Mail Manual (DMM), incorporated by reference in the 
Code of Federal Regulations. Input from customers, government entities, 
industry stakeholders, and other interested parties are welcome, 
particularly as regards the interests that they and/or their members or 
constituents may have in postmark dating. The Postal Service is also 
interested in feasible suggestions as to how any impact of this 
rulemaking on a commenter might be mitigated, including what 
information commenters believe would be helpful for the Postal Service 
to include, if not already captured, in the proposed DMM addition. 
Furthermore, the Postal Service plans to engage in customer outreach 
and education efforts beyond the current notice and rulemaking 
proceeding; recommendations regarding such efforts--for instance, how 
best to reach the public, and/or any particular segments of the 
public--are welcome. If the Postal Service decides to revise the DMM as 
proposed, it will publish a final rule in the Federal Register.
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.


[[Page 38721]]


    Accordingly, the Postal Service proposes the following changes 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):

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, 401-404, 414, 416, 3001-3018, 3201-3220, 3401-
3406, 3621, 3622, 3626, 3629, 3631-3633, 3641, 3681-3685, and 5001.

0
2. Revise the Mailing Standards of the United States Postal Service, 
Domestic Mail Manual (DMM) as follows:
* * * * *

600 Basic Standards for All Mailing Services

* * * * *

608 Postal Information and Resources

* * * * *
    [Add the text of part 11 to read as follows:]

11.0 Postmarks and Postal Possession

11.1 Postmark Defined

    A postmark is a marking, applied by the Postal Service to a 
mailpiece, which displays the location of the processing facility or 
retail unit that applied the marking and (if applied at a processing 
facility) the date of the first automated processing operation 
performed on that mailpiece, or (if applied at a retail unit) the date 
on which the mailpiece was accepted at that retail unit. Where 
necessary, a postmark also cancels postage so that it cannot be reused.

11.2 Locations at Which a Postmark is Applied

    Postmarks are generally applied by the Postal Service via 
automation on machines in originating processing facilities but may 
also be applied manually by Postal Service personnel at those 
facilities, or by a Postal Service employee at a retail unit when a 
customer presents a mailpiece at a retail counter and requests a 
postmark.
     Automated Machine-Applied Postmarks. These are applied by 
automated cancellation machines located in originating processing 
facilities, including in Regional Processing and Distribution Centers 
and select Local Processing Centers. Automated machine-applied 
postmarks cancel postage and identify the processing facility that 
applied the postmark and the date of the first automated processing 
operation performed on that mailpiece. Mailpieces prepared according to 
certain criteria will bypass automated cancellation to improve delivery 
speed.
     Manual Postmarks on Non-Machinable Mail at Processing 
Facilities. Where a mailpiece that would ordinarily be postmarked on an 
automated cancellation machine is unable to be canceled, the Postal 
Service's common practice is to apply a manual postmark to the 
mailpiece at the originating processing facility. Like automated 
machine cancellations, these manual postmarks register the facility at 
which the mailpiece was received and the date that the first automated 
processing operation would have been performed on that mailpiece.
     Postmarks at Retail Locations. Manual (local) postmarks 
are available, upon a customer's request, at the retail counter of 
every Post Office, station, or branch. Manual (local) postmarks at 
retail locations cancel postage (if necessary), and indicate the 
location of the retail unit at which the postmark is applied and the 
date on which the mailpiece was accepted at that unit.
     Postage Validation Imprint (PVI) Labels at Retail 
Locations. These are printed by Postal Service employees at retail 
locations and are applied to a mailpiece by a Postal Service employee 
upon acceptance of the piece. These labels indicate the postage paid 
for a mailpiece and, like manual (local) postmarks applied at retail 
locations, indicate the location of the retail unit at which the 
postmark is applied and the date on which the mailpiece was accepted at 
that unit.

11.3 Information Conveyed by a Postmark

    The presence of a postmark confirms that the Postal Service 
accepted custody of a mailpiece, and that the mailpiece was in the 
possession of the Postal Service on the identified date. However, for 
the reasons that are further described below, the postmark date does 
not necessarily indicate the first day that the Postal Service had 
possession of the mailpiece. Moreover, the absence of a postmark does 
not imply that the Postal Service did not accept custody of a 
mailpiece, because the Postal Service does not postmark all mail in the 
ordinary course of operations.
    The location displayed on a postmark shows the processing facility 
or retail unit at which the postmark was applied. The date displayed on 
a postmark shows the date of the first automated processing operation 
performed on a mailpiece or, alternately, the date when a mailpiece was 
accepted at a retail unit. Because most postmarks are applied at 
processing facilities, they do not necessarily represent either the 
location at which or the date on which the Postal Service first 
accepted possession of the mailpiece. The date inscribed by a postmark 
applied at a processing facility may be later than the date that the 
mailpiece was first accepted by the Postal Service. See 11.5. for 
options available to customers who seek proof of the date on which the 
Postal Service first accepted custody of a mailpiece.

11.4 Postmarks Aligning With the Date of Acceptance

    Customers who want a postmark aligning with the date on which the 
Postal Service first accepted possession of their mailpiece may request 
a manual (local) postmark at any Post Office, station, or branch when 
tendering their mailpiece. Because a manual (local) postmark is applied 
upon acceptance at the retail counter, the date on that postmark aligns 
with the date on which the Postal Service first accepted possession of 
the mailpiece. Similarly, the date on PVI labels, which are applied by 
Postal Service employees to a mailpiece for which a customer is 
simultaneously paying for postage and tendering the mailpiece for 
mailing, also aligns with the date on which the Postal Service first 
accepted possession of a mailpiece.
    Please note that pre-printed labels applied by the customer prior 
to mailing--e.g., postage printed from Self-Service Kiosks (SSK), 
Click-N-Ship online postage, and meter strips--show merely that a 
customer has purchased postage and the date on which the postage was 
printed; they do not in themselves demonstrate that the Postal Service 
accepted the mailpiece, or the date on which any such acceptance 
occurred.

11.5 Services Proving the Date of Postal Acceptance

    Customers who wish to retain a record or proof of the date on which 
the Postal Service first accepted possession of their mailpiece(s) are 
encouraged to purchase a Certificate of Mailing. As described more 
fully in Section 500.5, a Certificate of Mailing is a service designed 
to provide evidence that individual mailpieces have been presented for 
mailing. As described more fully in Sections 500.2 and 500.3 
respectively, Registered Mail and Certified Mail services also provide 
mailing receipts for individual mailpieces.

11.6 Auxiliary Markings and Data

    During the course of postal operations, the Postal Service may

[[Page 38722]]

inscribe markings on mailpieces and/or generate scan data. Such 
auxiliary markings and data indicate possession of a mailpiece; 
however, they do not constitute evidence of the date when the Postal 
Service first accepted possession of a mailpiece. Furthermore, the 
absence of these auxiliary markings or data does not imply that the 
Postal Service did not accept possession of a mailpiece.
    A non-exhaustive list of such auxiliary markings and data include:
     Identification Tags. Mailpieces processed on automated 
machines (i.e., mailpieces that are not deposited through bulk or 
commercial methods) are typically imprinted with a fluorescent 
identification tag. This tag encodes a variety of information, 
including the date on which the tag itself was applied.
     Scans of an Intelligent Mail[supreg] Barcode (IMb). As 
more fully described in Section 204.1, IMbs are applied by customers to 
mailpieces--primarily to letters, flats, and cards (as well as to 
certain competitive product mailings, such as USPS Priority 
Mail[supreg])--and encode a variety of data, including the identity of 
the mailer, the services requested, a serial number, and a routing 
code. The IMb itself does not verify Postal Service possession, as it 
is applied by a customer before a mailpiece is tendered to the Postal 
Service. Rather, IMbs are typically scanned at various points in a 
mailpiece's trajectory, and each scan event reflects the time and place 
of the scan. Where the mailer includes unique serial numbers on each 
mailpiece containing an IMb, IMb scan data can be used to track the 
processing of specific mailpieces. Commercial mailers can access IMb 
scan data via the Informed Visibility interface. Please note that for 
information generated by IMb scans to be accurate, IMbs must be 
properly prepared as specified in Section 204.1. Duplicate and/or 
illegible barcodes will compromise the availability and reliability of 
scan event data.
* * * * *

Kevin Rayburn,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2025-15266 Filed 8-11-25; 8:45 am]
BILLING CODE P