[Federal Register: August 29, 2000 (Volume 65, Number 168)]
[Rules and Regulations]
[Page 52308-52313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au00-15]

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POSTAL SERVICE

39 CFR Part 111


NetPost Mailing Online Experiment: Changes in Domestic
Classifications and Fees

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This final rule sets forth the Domestic Mail Manual (DMM)
standards adopted by the Postal Service to conduct the NetPost Mailing
Online experiment pursuant to the favorable Decision of the Governors
of the United States Postal Service on the Opinion and Recommended
Decision of the Postal Rate Commission (PRC) on an Experimental
Classification and Fee Schedule for Mailing Online (Docket No. MC2000-
2). The experiment will begin September 1, 2000, and will be conducted
for approximately three years. The Postal Service anticipates that by
offering nationwide service on the Internet it will gain both valuable
operational expertise and data that are necessary for a successful
future filing of a request for permanent NetPost Mailing Online
(formerly called Mailing Online) service. Customers will be able to use
NetPost Mailing Online to prepare and transmit messages in electronic
form using a personal computer and a Web browser for printing in
hardcopy form and subsequent entry into the mailstream. As the service
matures, hardcopy mail will be entered at a postal facility near one of
a group of approximately 25 print sites that is located closest to the
mail's delivery address. Individuals, small businesses, home offices,
and charitable organizations are expected to make up the main customer
base.

EFFECTIVE DATE: September 1, 2000.

FOR FURTHER INFORMATION CONTACT: Paul Lettmann, (202) 268-6261; or
Kenneth N. Hollies, (202) 268-3083.

SUPPLEMENTARY INFORMATION: The NetPost Mailing Online experiment is the
third of an expected four-step process that will culminate in the
establishment of a permanent NetPost Mailing Online service. The Postal
Service first conducted an operations test from March through September
1998, with a few customers. That was followed by a one-year market test
with limited customer participation conducted from October 1998 through
October 1999, pursuant to the Postal Rate Commission's Docket No. MC98-
1 Opinion and Recommended Decision issued on October 7, 1998, and
approved by the Postal Service Governors on October 16, 1998. In that
docket, the Postal Service also requested authorization to conduct an
experiment, which request was later withdrawn by Board of Governors
Resolution No. 99-5 (May 3, 1999).
    On November 16, 1999, the Postal Service filed a new Request for a
Recommended Decision on an Experimental Classification and Fee Schedule
for Mailing Online based on an upgraded information technology
platform. The PRC designated this request as Docket No. MC2000-2 and
published a notice with a description of the Postal Service's proposals
in the Federal Register on November 26, 1999 (64 FR 66514). The PRC
issued a favorable Opinion and Recommended Decision (Docket No. MC2000-
2) dated June 21, 2000.

[[Page 52309]]

    Accepting a Stipulation and Agreement developed by the Postal
Service with several other parties, the Commission also recommended an
adjustment to the limited waiver of minimum volume requirements in
order to extend to providers of functionally equivalent services the
same postage rates payable under NetPost Mailing Online.
    The Postal Service Governors approved the Opinion and Recommended
Decision on August 7, 2000, and the Board of Governors set September 1,
2000, as the implementation date (Resolution No. 00/10).

Background

    The Postal Service views NetPost Mailing Online as fulfillment of
its mandate to bind the nation together through the provision of secure
and universal correspondence services to the public. The new ``hybrid''
service combines recent advances in electronic communications through
the Internet, state-of-the-art printing technology, and conventional
postal functions, thus creating an integrated service for the
production, processing, and delivery of mail. Postal customers with
access to a personal computer and the Internet will be able to create
and transmit electronic documents to the Postal Service Web site. Their
documents and address lists will be transmitted to one or more contract
printers, who will then prepare them as hardcopy for mailing. The
Postal Service maintains its commitment to the sanctity of mail by
precluding others' access to or use of NetPost Mailing Online
customers' electronic documents.
    The NetPost Mailing Online service will appear from a user's
perspective to be similar to the Mailing Online service that was
offered during the market test. However, users will access the service
by means of the Postal Service's main corporate Web site, usps.com,
instead of PostOffice Online. In addition, the service will be
available nationwide, rather than limited to five metropolitan areas
and a few thousand customers.
    During the market test, the Postal Service contracted with one
printer to produce mailings for a relatively small number of customers.
Currently, two printers are under contract with the Postal Service, one
in Chicago and another in Philadelphia. The Postal Service plan for the
experiment is to route mailpieces to the printer closest to their
delivery address and to use as many printers as necessary for
nationwide coverage. Printers will prepare the electronically
transmitted mailpieces and address lists as automation basic rate
mailings. NetPost Mailing Online thus helps to lower system costs by
taking advantage of mail presorting, automation, and destination entry
of mailings.

Service Description

    NetPost Mailing Online provides an affordable, convenient option
that makes using the mails easier for Postal Service customers,
especially those running small offices or home offices who do not
currently use more traditional mailing services. It employs advanced
technology that benefits customers who otherwise might not have access
to sophisticated digital printing technology or to list management and
presort software necessary to qualify for lower automation rates. The
Postal Service will batch all submitted jobs and send them via
dedicated lines to one or more commercial digital printing contractors
who then print the documents, finish them according to customer
specifications, place them in envelopes bearing a delivery point
barcode, and enter them as mail at a postal facility. Mailings will be
accepted and verified using manifesting documentation and procedures
specified in DMM P710.
    Small-volume customers will be able to create First-Class Mail and
Standard Mail (A) mailings and have them entered at the automation
basic rates. There is no minimum or maximum volume requirement. The
service is ideally suited for newsletters, flyers, statements,
invoices, and small direct mailings. Customers can mail both letters
and flats using a number of different document format, binding, and
envelope options.
    The Postal Service plans to offer service for mailings of letters
and flats at Standard Mail (A) nonprofit automation rates some time in
the future. While mailings at Priority Mail rates, First-Class Mail
card rates, and Express Mail rates are not offered at this time, they
should become available later during the experiment. The same is true
for some special services. In the near future, service for
international Letters and Letter Packages will be available.
    In a single Web site visit to usps.com, a NetPost Mailing Online
customer will be able to upload a word processing document and a list
of addresses to a postal data center. The NetPost Mailing Online system
will presort and distribute the mailing electronically to contract
printers for printing and entry into the mail at a local postal
facility. Additional features of the service include online document
proofing, a ``file cabinet'' that retains customer jobs for 30 days and
offers document and mailing list management capabilities, real-time
status reports of jobs submitted, and a quick calculator that provides
immediate price quotations.
    A typical customer will compose a document using conventional
desktop publishing or word processing software; access the Postal
Service Web site and select various printing, finishing, and payment
options; submit a mailing list for standardization based on the Postal
Service's current address database; and complete submission of the job
by sending the electronic version of the document and a mailing list to
the Web site. All uploaded documents and mailing lists will be
available for online proofing, and customers will have the option to
receive copies of their documents either through the mail or by fax at
no additional charge.
    The software applications that are supported are Microsoft Word 6.0
or later, WordPerfect 6.0 or later, PageMaker 6.5 or later, VENTURA 7.0
or later, and QuarkXPress 3.2 or later. Mailing lists can be created in
Microsoft Word 6.0 or later, WordPerfect 6.0 or later, Microsoft Access
95 or later, Excel 5.0 or later, or an ASCII text file. The service is
accessible by means of widely used Internet browsers: Netscape 4.03 or
later, or Microsoft Internet Explorer 4.01 or later. Any browser used
must support JavaScript 1.2 or later.
    Each uploaded mailing list will be checked against the Postal
Service's National Address Management System to standardize the
addresses, including abbreviations, directionals, and ZIP Codes. (Move
update requirements for address quality are being waived temporarily
while work is completed to integrate the FASTforward system with
NetPost Mailing Online.) Unverifiable addresses will be extracted and
returned for review and correction by the customer. Any addresses not
in compliance with postal addressing standards will be purged from the
address list prior to quotation of a final price. However, at the
customer's option, pieces having nonstandard addresses may be mailed at
the First-Class Mail single-piece rate.
    While the service has been designed for ease of use, the Postal
Service recognizes that customers may need assistance from time to
time. This assistance is likely to range from basic ``how to''
questions to complex questions about software compatibility. The Postal
Service has made provision for users to obtain online support seven
days a week during the hours of 7:00 a.m. through 11:00 p.m. (EST).
Customers can either telephone 1-800-344-7779 toll free or send an e-
mail message to icustomercare@usps.com.

[[Page 52310]]

Pricing and Customer Payment

    Customers will pay online with a major credit card for the
applicable postage, plus a fee for commercial printing charges and
other costs, such as those related to information technology. Prices
will take into account any differences in printing and production costs
around the country. Fees for NetPost Mailing Online service will be
1.52 times the sum of printer contractual costs for the particular
mailing and $0.005 per impression (printing on one side of a page) for
other Postal Service costs. Price quotes will be provided online for
each mailing that individual customers create and will vary depending
on such factors as paper size, number of impressions, use of spot
color, finishing option (folding, stapling, saddle stitching, tape
binding, self-mailer tabbing), envelope type, and print site.
    NetPost Mailing Online totals the postage and production costs and
displays a price quote on-screen as an order is created. If a customer
changes any selection while creating the order, the displayed postage
and fees also will change to reflect the new selection. The price
quotes thus enable a customer to see immediately the effect of a
selection upon the total cost. Once all information pertaining to a
customer's job, including document options, delivery addresses, credit
card authorization, and final price, are known and confirmed, a
customer approves the transaction. The transaction then becomes final,
and the total cost is billed to the customer's credit card account by
NetPost Mailing Online, in accordance with the terms and conditions of
use for the program.

Standard Mail (A) Mailings

    Like other postal customers, NetPost Mailing Online customers may
decide whether their mailings will be sent as First-Class Mail or
Standard Mail (A), subject to the eligibility requirements for each
mail class contained in the Domestic Mail Manual.
    To help customers choose the proper postage rate, a screen is
provided in the NetPost Mailing Online software. This screen notifies
customers that a mailing sent as Standard Mail (A) could be subject to
the payment of additional postage if it is later found to be ineligible
for Standard Mail (A) rates. Eligibility requirements for items mailed
as Standard Mail (A) are found in DMM E611 and E612, and information
about items required to be sent as First-Class Mail is found in DMM
E110. Customers also are advised that they may either consult their
local post office or review pertinent sections of the DMM online at
http://pe.usps.gov.
    On occasion, Standard Mail (A) rates may be claimed in error. In
such cases, the Postal Service has determined that all of the
traditional procedures applicable to a customer's direct entry of a
hardcopy mailing cannot apply to the NetPost Mailing Online service,
because it is likely that a rate eligibility problem for a NetPost
Mailing Online mailpiece would first be discovered only at the time it
is presented commingled with the mailpieces of other customers. The
Postal Service believes that it would be inappropriate to delay entry
of the entire multicustomer mailing while a problem that may involve
only one customer's mail is resolved. With a traditional mailing, when
a rate eligibility problem is discovered by a Postal Service employee
at the time a mailer presents a mailing to a post office acceptance
unit, the mailer has an immediate choice of either paying the
difference between the applicable First-Class Mail and the claimed
Standard Mail (A) postage before the mailing is accepted, or
withdrawing the mailing without paying the additional amount. A mailer
might also elect to immediately challenge and seek appeal of the
classification decision being made at that time in order to resolve the
problem so that the mailing can proceed without further delay. (See DMM
G020.)
    The NetPost Mailing Online customer who submits the ineligible and
underpaid electronic version of the mailpieces as Standard Mail (A)
could be thousands of miles away from the entry post office. Moreover,
by the time a printer presents the mail to an acceptance unit, the
Postal Service will have incurred transaction costs, such as those
associated with the electronic transmission of documents, address
verification, production costs for printing and finishing, and
transportation to the entry post office. Therefore, while NetPost
Mailing Online and the contract printers will be responsible for
meeting mail presorting and preparation requirements, content
eligibility and revenue issues will be resolved after mail has entered
the postal system, in accordance with the terms and conditions of use
for the program.
    Entry post offices will continue to use random sampling procedures
to verify mail classification and rate eligibility as part of the
acceptance process. If a customer has improperly claimed Standard Mail
(A) rates, the Postal Service will accept the NetPost Mailing Online
mailing without delaying it and without requiring a postage adjustment
at the time of mailing. Subsequently, the entry post office will notify
the NetPost Mailing Online coordinator of the deficiency. NetPost
Mailing Online will in turn advise the manager of business mail entry,
Northern Illinois District, who is the designated national coordinator
responsible for debiting the NetPost Mailing Online centralized trust
account for any revenue deficiencies that originate at print sites.
    NetPost Mailing Online will review the circumstances of the
mailing. If the classification decision that matter was ineligible for
Standard Mail (A) rates is based upon a customer's failure to abide by
content restrictions, the Postal Service may take steps to recover the
deficiency amount from the customer by advising the customer that its
credit card account will be billed for the difference between the
applicable First-Class Mail rate and the rate paid, in accordance with
the terms and conditions of use for the program. NetPost Mailing Online
will make this notification to the customer. At this time, the customer
also will be advised that the classification decision and related
revenue deficiency may be appealed by submitting a letter to the
Program Manager, NetPost Mailing Online, U.S. Postal Service, 475
L'Enfant Plaza SW, Washington, DC 20260-4413. If the customer appeals,
NetPost Mailing Online will refer the appeal to the rates and
classification service center in Chicago, Illinois, for a final agency
decision.

Functionally Equivalent Systems

    Under existing eligibility requirements for automation rates,
First-Class Mail letters, flats, and cards must be prepared in minimum
quantities of 500 pieces. Standard Mail (A) letters and flats must be
prepared in minimum quantities of 200 pieces or 50 pounds of addressed
mail. NetPost Mailing Online mailings that otherwise meet all
addressing and machinability requirements for automation rates will be
permitted entry at automation rates without meeting these minimum
volumes. This same privilege also is available to other services that
are functionally equivalent to NetPost Mailing Online after
certification by the Postal Service.
    The justification for such exceptions to otherwise applicable
minimum volumes is based on expectations that NetPost Mailing Online
volumes will usually exceed them (by a wide margin if the service is
successful), deeper potential discounts will be foregone, processing
costs will be inherently low, and the selection of a more appropriate
set of current or new rate categories can

[[Page 52311]]

await a permanent form of NetPost Mailing Online.
    Certification of functional equivalence requires payment of a
$100.00 fee and demonstration that the service is comparable to NetPost
Mailing Online service and capable of all of the following as specified
by the Postal Service:
    a. Accepting documents and mailing lists from remote users in
electronic form, such as via the Internet, or converting documents and
mailing lists to electronic form.
    b. Using the electronic documents, mailing lists, and other
software, including USPS-certified sortation software that sorts to the
finest level of sortation possible, to create barcoded mailpieces
meeting the requirements for automation category mail, with 100 percent
standardized addresses on all pieces claiming discounted rates.
    c. Commingling mailpieces from all sources without diversion to any
other system and batching them according to geographic destination
prior to printing and mailing.
    d. Generating volumes that exceed, on average, otherwise applicable
minimum volumes.
    The Postal Service is unaware of any existing functionally
equivalent services, but is willing to work with interested parties as
services are developed to improve the likelihood of certification.

Implementation

    Pursuant to 39 U.S.C. 3624, the PRC, on June 21, 2000, issued to
the Governors of the Postal Service its Opinion and Recommended
Decision on the Postal Service's request.
    Pursuant to 39 U.S.C. 3625, the Governors acted on August 7, 2000
(Decision of the Governors of the United States Postal Service on the
Recommended Decision of the Postal Rate Commission on an Experimental
Classification and Fee Schedule for Mailing Online, Docket No. MC2000-
2), to approve the PRC's recommendation, and per resolution the Board
of Governors set an implementation date of September 1, 2000, for fee
and classification changes to take effect.
    This final rule contains the DMM standards adopted by the Postal
Service to implement the Governors' decision. Because of the
experimental nature of NetPost Mailing Online service and previous
experience with the Mailing Online market test, the Postal Service
finds no need to solicit comments on the standards for NetPost Mailing
Online. However, comments are invited in the expectation that these
rules are likely to be modified during the course of the experiment.

List of Subjects in 39 CFR Part 111

    Postal Service.

    For the reasons discussed above, the Postal Service hereby adopts
the following amendments to the Domestic Mail Manual, which is
incorporated by reference in the Code of Federal Regulations (see 39
CFR part 111).

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

    2. Amend the Domestic Mail Manual as follows:

E  ELIGIBILITY

E100  First-Class Mail

E110  Basic Standards

* * * * *
4.0  FEES

4.1  Presort Mailing

[Amend 4.1 by adding a last sentence that states that NetPost Mailing
Online mailers pay fees in accordance with G091 to read as follows; no
other changes to text.]
* * * Customers using NetPost Mailing Online service to create mailings
pay fees under G091 and are not required to pay an annual presorted
mailing fee.
* * * * *

E140  Automation Rates

1.0  BASIC STANDARDS

1.1  All Pieces

[Amend item b to exempt NetPost Mailing Online or a functionally
equivalent service in G091 from the minimum volume requirement, to read
as follows:]
    All pieces in a First-Class Mail automation rate mailing must:
* * * * *
    b. Be part of a single mailing of at least 500 pieces of automation
rate First-Class Mail, subject to 1.2, or be part of a mailing using
NetPost Mailing Online service or a functionally equivalent service
under G091.
* * * * *

E612  Additional Standards for Standard Mail (A)

* * * * *
2.0  CONTENT

2.1  Circulars

[Amend 2.1 to reference NetPost Mailing Online, or a functionally
equivalent service in G091, to read as follows:]
    Circulars, including printed letters that, according to their
contents, are sent in identical terms to more than one person are
Standard Mail (A), or are provided for entry using NetPost Mailing
Online service, or a functionally equivalent service, as provided in
G091. A circular does not lose its character as such if a date and the
individual names of the addressee and sender are written (handwritten
or typewritten) on the circular or written corrections of typographical
errors are made on the circular.
* * * * *
4.0  RATES
* * * * *

4.7  Annual Fees

[Amend 4.7 by adding a last sentence that references NetPost Mailing
Online fees in G091 and exempts NetPost Mailing Online mailers from
paying the annual presorted mailing fee; no other changes to text.]
* * * Customers who use NetPost Mailing Online service to create
mailings pay fees in accordance with G091 and are not required to pay
the annual presorted mailing fee.
* * * * *

4.9  Preparation

[Amend the first sentence in item b to reference NetPost Mailing Online
or a functionally equivalent service in G091 to read as follows:]
    Each Standard Mail (A) mailing is subject to these general
standards:
* * * * *
    b. Each mailing must contain at least 200 pieces or 50 pounds of
pieces, or be provided for entry using NetPost Mailing Online service
or a functionally equivalent service under G091.***
* * * * *

E640  Automation Standard Mail (A) Rates

1.0  REGULAR AND NONPROFIT RATES

1.1  All Pieces

[Amend item b to reference a NetPost Mailing Online or a functionally
equivalent service under G091 to read as follows:]
    All pieces in an automation rate Regular or Nonprofit Standard Mail
(A) mailing must:
* * * * *

[[Page 52312]]

    b. Be part of a single mailing of at least 200 pieces or 50 pounds
of pieces of automation rate Standard Mail (Regular and Nonprofit
mailings must meet separate minimum volumes), or be part of a mailing
using NetPost Mailing Online or a functionally equivalent service under
G091.
* * * * *

G  GENERAL INFORMATION

* * * * *

G090  Experimental Classifications and Rates

[Add new G091 to read as follows:]

G091  NetPost Mailing Online

1.0  BASIC ELIGIBILITY

1.1  Service Description

    The standards in G091 apply to documents that are produced
electronically by a customer who pays postage and fees established for
the NetPost Mailing Online experimental service and that a printer
under contract with the Postal Service converts into hardcopy
mailpieces and enters at a postal facility. Certain standards in G091
also are applicable to functionally equivalent services as certified by
the USPS.

1.2  Customer Eligibility

    Any customer who pays the postage and fees quoted by USPS for a
mailing may use the NetPost Mailing Online service subject to the terms
and conditions of use for the program.

1.3  Mailings

    NetPost Mailing Online mailings will be produced and entered as
follows:
    a. Customers create documents and address lists on a computer and
transmit them electronically via the USPS Web site (usps.com) to
NetPost Mailing Online. If a mailpiece in a job is not eligible for an
automation rate, a customer may choose to have it entered at the
single-piece First-Class Mail rate. There is no minimum or maximum
volume requirement for a customer job.
    b. Customer jobs will be submitted by NetPost Mailing Online to one
or more commercial contract printers for production as a hardcopy
mailing.
    c. A printer is required to do the following:
    (1) Print customer jobs, finish documents, and place them in
letter- or flat-size envelopes bearing delivery point barcodes.
    (2) Prepare mailings to be eligible for First-Class Mail and
Standard Mail (A) automation basic rates as required by standards in
E140, E640, and M800.
    (3) Print an approved manifest in accordance with P710 for each
mailing presented for entry at a postal facility.

1.4  Special Services

    Special services are not available for NetPost Mailing Online
mailings.
2.0  MAIL CLASSIFICATION

2.1  Customer Responsibility

    A customer who uses the NetPost Mailing Online service is
responsible for claiming the proper rate of postage, subject to the
eligibility requirements in E100 for First-Class Mail and E600 for
Standard Mail (A). If Standard Mail (A) rates are claimed in error, the
customer may be required to pay the difference between the applicable
First-Class Mail postage rate and the claimed Standard Mail (A) postage
rate, in accordance with the terms and conditions of use for the
program. The USPS will accept the NetPost Mailing Online mailing
without delaying it and without requiring a postage adjustment at the
time of mailing.

2.2  Revenue Deficiency Procedures

    If a classification decision is made by the USPS that matter was
ineligible for Standard Mail (A) rates because of a customer's failure
to meet applicable standards, the USPS may take steps to recover the
deficiency amount by advising the customer that its credit card account
will be billed for the difference between the applicable First-Class
Mail rate and the Standard Mail (A) rate paid, in accordance with the
terms and conditions of use for the program. At such time, the customer
will also be advised that the classification decision and related
revenue deficiency may be appealed by submitting a letter to the
Program Manager, NetPost Mailing Online, U.S. Postal Service, 475
L'Enfant Plaza SW, Washington, DC 20260-4413. If the customer appeals,
NetPost Mailing Online will refer it to the rates and classification
service center in Chicago, Illinois, for a final agency decision.
3.0  FUNCTIONALLY EQUIVALENT SYSTEMS
    NetPost Mailing Online mailings that otherwise meet all addressing
and machinability requirements for automation rates are permitted entry
at automation rates without meeting required minimum volumes for First-
Class Mail and Standard Mail (A) mailings. The automation rates
applicable to NetPost Mailing Online mailings are also available to
other services that are functionally equivalent to NetPost Mailing
Online, after certification by the USPS. Certification of functional
equivalence requires payment of a $100 fee and demonstration that the
service is comparable to NetPost Mailing Online service and capable of
all of the following as specified by the USPS:
    a. Accepting documents and mailing lists from remote users in
electronic form, such as via the Internet, or converting documents and
mailing lists to electronic form.
    b. Using the electronic documents, mailing lists, and other
software, including USPS-certified sortation software that sorts to the
finest level of sortation possible, to create barcoded mailpieces
meeting the requirements for automation category mail, with 100 percent
standardized addresses on all pieces claiming discounted rates.
    c. Commingling mailpieces from all sources without diversion to any
other system and batching them according to geographic destination
prior to printing and mailing.
    d. Generating volumes that exceed, on average, otherwise applicable
minimum volumes.
4.0  POSTAGE AND FEES

4.1  Postage

    Documents that are mailed during the experiment are eligible for
the following rate categories only:
    a. First-Class Mail, automation basic (letters and flats).
    b. First-Class Mail, single-piece.
    c. Standard Mail (A) Regular, automation basic (letters and flats).

4.2  Service Fees

    Fees for NetPost Mailing Online service are 1.52 times the sum of
printer contractual costs for the particular mailing and $0.005 per
impression (printing on one side of a page) for other USPS costs. Price
quotes are provided online by NetPost Mailing Online for each mailing
that is created and will vary depending on such factors as paper size,
number of impressions, use of spot color, finishing option (folding,
stapling, saddle stitching, tape binding, self-mailer tabbing),
envelope type, and the print site.

4.3  Mailing Fees

    NetPost Mailing Online customers are not required to pay an annual
presorted mailing fee or permit imprint fee.
5.0  CONFIDENTIALITY OF ELECTRONIC AND HARDCOPY MESSAGES
    Electronic documents submitted by customers to NetPost Mailing
Online, including messages and mailing lists, are treated as
confidential by the USPS. Other than as required to process

[[Page 52313]]

customer jobs, pursuant to a federal warrant or otherwise pursuant to
applicable law, the USPS itself will not review, disclose, or release
the content of electronic materials submitted to NetPost Mailing
Online. No other NetPost Mailing Online users are permitted to access a
customer's documents, nor does the USPS make independent use of them.
Once the documents are printed in hardcopy form, they are treated in
accordance with E110 and E611.
6.0  REFUNDS AND LIMITATION OF LIABILITIES

6.1 Refunds

    At the discretion of the USPS, refunds for NetPost Mailing Online
postage and fees are available under P014.2. This standard provides the
sole remedy available when matter submitted to NetPost Mailing Online
is not delivered, not entered as hardcopy, or is not entered in the
form specified by the NetPost Mailing Online customer.

6.2  NetPost Mailing Online Disclaimer

    The USPS disclaims any responsibility for loss or negligent
transmission of electronic files and mail on exactly the terms
specified by the Federal Tort Claims Act (28 U.S.C. Sec. 2680(b)) for
traditional mail. Under no circumstances is the USPS liable for special
or consequential changes that result from use or inability to use
NetPost Mailing Online, which is provided ``as is'' and without
warranties of any kind either express or implied. The terms and
conditions upon which NetPost Mailing Online is provided to the public
are governed solely by the applicable regulations and standards; as
such, the USPS disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability, fitness for
a particular purpose, and good faith and fair dealing.
    As provided by 39 CFR 111.3, notice of issuance will be published
in the Federal Register.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-22044 Filed 8-28-00; 8:45 am]
BILLING CODE 7710-12-P