[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Proposed Rules]
[Page 70712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-26]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 501
Authorization To Manufacture and Distribute Postage Meters
AGENCY: Postal Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
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