9702 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

Dated: December 10, 2010. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

[FR Doc. 2011–3910 Filed 2–18–11; 8:45 am] 

BILLING CODE 4310–05–P 

POSTAL SERVICE 

39 CFR Part 111 

Shortpaid and Unpaid InformationBased Indicia (IBI) Postage and 

Shortpaid Express Mail Postage, 

Revised Proposal 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule, revised. 

SUMMARY: On November 19, 2009, the 

Postal Service published a proposed 

rule to revise Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual to implement revenue 

protection procedures for shortpaid and 

unpaid Information Based Indicia (IBI) 

postage. Comments on that proposed 

rule requested more detailed 

information on the automated 

procedures the Postal Service will use to 

identify and verify shortpaid and 

unpaid IBI postage payment and the 

resolution process that will be used to 

remedy deficiencies. This revised 

proposal provides the more detailed 

information to DMM sections 604.4, 

604.8, and 604.10. In addition, this 

revised proposal includes proposed 

mailing standards to implement revenue 

protection procedures for shortpaid 

Express Mail® postage. 

DATES: We must receive your comments 

on or before March 24, 2011. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza SW., Room 4446, 

Washington DC 20260–5015. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza SW., 11th 

Floor N, Washington DC, between 9 a.m. 

and 4 p.m., Monday through Friday. Email comments concerning the 

proposed rule, containing the name and 

address of the commenter, may be sent 

to: MailingStandards@usps.gov, with a 

subject line of ‘‘Shortpaid and Unpaid 

Information-Based Indicia Postage and 

Shortpaid Express Mail® Postage.’’ 

Faxed comments are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Carla Sherry 703–280–7068 or Carol A. 

Lunkins 202–268–7262. 

SUPPLEMENTARY INFORMATION: In this 

revised proposed rule, the Postal 

Service is proposing new procedures to 

manage shortpaid Express Mail postage 

and a new process to detect mailpieces 

with shortpaid and unpaid IBI postage 

generated from the following postage 

evidencing systems: Click-N-Ship®, IBI 

postage meters, and PC Postage® 

products. 

In addition, the Postal Service is 

proposing to implement a new Webbased resolution process to remedy 

shortpaid and unpaid IBI postage 

payment deficiencies, to dispute 

shortpaid and unpaid IBI postage 

deficiency assessments, and to appeal 

USPS decisions relative to shortpaid 

and unpaid IBI postage. 

The Postal Service published a 

proposed rule in the Federal Register on 

November 18, 2009 (74 FR 59494– 

59496), inviting comments on the 

implementation of revenue protection 

procedures for IBI postage generated by 

postage evidencing systems. 

Comments were received from the 

mailing industry requesting more 

detailed information on the automated 

procedures that the Postal Service will 

implement to identify and verify 

shortpaid and unpaid IBI postage and 

the resolution process to remedy 

deficiencies. 

In response to those comments, this 

revised proposed rule provides detailed 

information on the revenue protection 

process for shortpaid and unpaid IBI 

postage generated from postage 

evidencing systems, the process to 

identify and verify shortpaid and 

unpaid IBI postage, and the resolution 

process to remedy, dispute, or appeal 

matters relative to shortpaid and unpaid 

IBI postage. 

Express Mail Shortpaid Procedure 

To ensure revenue protection for 

Express Mail paid by any authorized 

postage payment method, the Postal 

Service is proposing to implement new 

shortpaid Express Mail postage 

procedures. 

For an Express Mail Next Day, Second 

Day, Military, or Custom Designed 

Service item received at the origin office 

of mailing with insufficient postage, the 

mailer is contacted to correct the 

postage deficiency prior to dispatch of 

the Express Mail item. If the mailer 

cannot be contacted before dispatch 

from the origin office, the Express Mail 

item is endorsed ‘Postage Due’, marked 

to show the total deficiency of postage 

and fees, and then dispatched to the 

destination Post Office for delivery to 

the addressee upon payment of the 

postage due. 

For an Express Mail item with 

insufficient postage that is identified in 

processing operations or at the 

destination Post Office, the Express Mail 

item will be endorsed ‘Postage Due’, 

marked to show the total deficiency of 

postage and fees, and then delivered to 

the addressee upon payment of the 

postage due. If the payment of postage 

due is refused by the addressee, the 

Express Mail item is endorsed ‘‘Return 

to Sender—Refused.’’ The postage 

deficiency is collected when the Express 

Mail item is returned to the original 

sender. If the original sender chooses to 

remail the item, a new Express Mail 

label and new postage and fees must be 

affixed. 

For an Express Mail item with 

insufficient IBI postage that is generated 

from postage evidencing systems, USPS 

may follow the process identified in 

DMM 604.4.4.4 through 604.4.4.9 to 

resolve such revenue deficiencies. 

Postage Evidencing Systems 

Postage meters, PC Postage products, 

and Click-N-Ship are collectively 

identified as ‘‘postage evidencing 

systems.’’ A postage evidencing system 

is a device or system of components a 

customer uses to print evidence that 

postage required for mailing has been 

paid. 

The Postal Service implemented 

postage evidencing systems to meet the 

needs of the mailing industry by 

providing convenient, user-friendly 

methods for mailers to print and pay 

postage. To protect the viability of 

postage evidencing systems, the Postal 

Service continually implements 

measures to ensure revenue protection. 

Postage 

Postage refers to postage and fees due 

for the applicable price category and 

associated criteria such as class, weight, 

shape, zone, and extra services. 

Information-Based Indicia 

Information-Based Indicia (IBI) are 

digitally generated indicia that include 

a two-dimensional barcode. 

Revenue Deficiency 

In this proposed rule, a revenue 

deficiency includes both shortpaid and 

unpaid postage and occurs when any 

mailpiece has less postage than required 

for the applicable price category and 

associated criteria such as class, weight, 

shape, zone, and extra services. 

Shortpaid Postage 

Shortpaid postage is a revenue 

deficiency for which the valid postage 

on a mailpiece is less than the amount 

due. 

Unpaid Postage 

Unpaid postage is a revenue 

deficiency for which postage is deficient 

due to the use of counterfeited, 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 9703 

replicated, duplicated, falsified, or 

otherwise modified postage. 

Detection Process for Revenue 

Deficiency 

As part of the Postal Service’s ongoing 

efforts to increase effectiveness, enhance 

financial controls, and reduce costs, the 

Postal Service is proposing to add a new 

process using mail processing 

equipment and ancillary information 

systems to detect and capture shortpaid 

and unpaid IBI postage on mailpieces. 

When the Postal Service detects 

potential shortpaid or unpaid IBI 

postage on a mailpiece, the Postal 

Service will subsequently verify the 

postage on the mailpiece to ensure its 

validity and confirm the amount is 

sufficient. When the Postal Service 

confirms that the IBI postage on a 

mailpiece is shortpaid or unpaid, 

corrective measures will be taken to 

recover the applicable revenue 

deficiency. 

Electronic Notification of Revenue 

Deficiencies 

When the Postal Service identifies 

shortpaid or unpaid IBI postage 

generated from postage evidencing 

systems on mailpieces, in most cases, 

the Postal Service will use an electronic 

process to recover the revenue 

deficiency. 

In such cases, the Postal Service will 

electronically notify both the mailer and 

the postage evidencing system service 

provider of the revenue deficiency and 

deliver the mailpiece to the addressee. 

The electronic notification will 

provide a link to a USPS Web-based 

customer payment portal that will 

enable the mailer to pay or dispute the 

revenue deficiency. 

Additionally, other non-electronic 

processes may be used to recover a 

revenue deficiency as required. 

Resolution Process 

Where applicable, the Postal Service 

will provide a resolution process that 

will be accessible through a USPS Webbased customer payment portal to 

enable mailers to pay, dispute or appeal 

revenue deficiencies for IBI postage 

generated from postage evidencing 

systems. 

Payment Process 

The mailer will have 14 days from the 

date that the Postal Service sends the 

revenue deficiency electronic 

notification to pay the deficiency. The 

payment process is as follows: 

• During the 14-day resolution 

period, the mailer must remit the 

payment for the revenue deficiency by 

accessing a USPS Web-based customer 

payment portal or through an otherwise 

authorized Postal Service payment 

method as indicated in the electronic 

notification. 

• After 14 days, if a mailer has not 

paid or taken action to dispute a 

revenue deficiency, the Postal Service 

may notify the mailer’s postage 

evidencing system service provider to 

temporarily suspend the mailer’s 

account. 

• When an electronic notification 

sent to a mailer is undeliverable, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

14-day period. 

• When a mailer’s cumulative 

revenue deficiency continues to 

increase during the 14-day period, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

14-day period. 

• If the mailer feels the revenue 

deficiency is in error, the mailer may 

dispute the revenue deficiency during 

this 14-day period. 

Dispute Process 

The mailer will have 14 days from the 

date that the Postal Service sends the 

revenue deficiency electronic 

notification to dispute the deficiency. 

The dispute process is as follows: 

• During this 14-day period, the 

mailer must take action to dispute the 

revenue deficiency by accessing a USPS 

Web-based customer payment portal or 

through an otherwise authorized Postal 

Service dispute method as indicated in 

the electronic notification. 

• The mailer must provide 

information to substantiate that the 

postage affixed was valid and sufficient 

for the postage and service fees 

associated with the mailpiece. 

• After 14 days, if a mailer has not 

taken action to pay or dispute a revenue 

deficiency, the Postal Service will notify 

the mailer’s postage evidencing system 

service provider to temporarily suspend 

the mailer’s account. 

• When an electronic notification that 

is sent to a mailer is undeliverable, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

14-day period. 

• When a mailer’s cumulative 

revenue deficiency continues to 

increase during this 14-day period, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

14-day period. 

The Postal Service will send 

electronic notification of the approved 

(upheld) or denied dispute to the 

mailer. If the Postal Service upholds the 

mailer’s dispute, then the mailer is 

required to take no further action. 

Denied Disputes and the Appeal 

Process 

When the Postal Service denies a 

dispute, the mailer will have 7 days 

from the date that the Postal Service 

sends the electronic notification of the 

denied dispute to pay the revenue 

deficiency or file an appeal. The mailer 

may pay the deficiency or appeal the 

decision by accessing a USPS Webbased customer payment portal or 

through an otherwise authorized Postal 

Service payment or appeal method as 

indicated in the electronic notification. 

The appeal process is as follows: 

• The appeal process requires that the 

mailer provide additional information to 

substantiate that the postage affixed was 

valid and sufficient for the postage and 

service fees associated with the 

mailpiece. 

• After 7 days, if a mailer has not 

taken action to pay or appeal the 

revenue deficiency denied in the 

dispute request, the Postal Service may 

notify the mailer’s postage evidencing 

system service provider to temporarily 

suspend the mailer’s account. 

• When an electronic notification that 

is sent to a mailer is undeliverable, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

7-day period. 

• When a mailer’s cumulative 

revenue deficiency continues to 

increase during this 7-day period, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

7-day period. 

The Postal Service will make a final 

decision regarding the appeal request. If 

the Postal Service upholds the mailer’s 

appeal, the Postal Service will notify the 

mailer of the decision, and the mailer is 

required to take no further action. 

Denied Appeals 

When the Postal Service denies the 

appeal request, the Postal Service will 

notify the mailer of the denial decision. 

The mailer must pay the revenue 

deficiency, within 7 days from the date 

that the Postal Service sends the 

electronic notification of appeal denial, 

by accessing a USPS Web-based 

customer payment portal or through an 

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9704 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

otherwise authorized Postal Service 

payment method as indicated in the 

electronic notification. The process for 

denied appeals is as follows: 

• After 7 days of the denied appeal 

electronic notification, if a mailer has 

not taken action to pay the revenue 

deficiency, the Postal Service will notify 

the mailer’s postage evidencing system 

service provider to temporarily suspend 

the mailer’s account. 

• When an electronic notification to a 

mailer is undeliverable, the Postal 

Service may notify the mailer’s postage 

evidencing system service provider to 

temporarily suspend the mailer’s 

account prior to the end of the 7-day 

period. 

• When a mailer’s cumulative 

revenue deficiency continues to 

increase during this 7-day period, the 

Postal Service may notify the mailer’s 

postage evidencing system service 

provider to temporarily suspend the 

mailer’s account prior to the end of the 

7-day period. 

Denial of Use of Postage Evidencing 

Systems 

When a mailer fails to meet the 

standards in the DMM, submits false or 

incomplete information, or deposits 

shortpaid and unpaid mailpieces in the 

mailstream, the Postal Service may deny 

a mailer use of a postage evidencing 

system. 

Any mailer who deposits mailpieces 

with shortpaid or unpaid IBI postage or 

fees may be subject to some or all of the 

following proposed actions: 

• Collection of the shortpaid or 

unpaid postage. 

• Revocation of the mailer’s account 

privileges. 

• Civil and criminal fines and 

penalties pursuant to existing Federal 

law. 

Although the USPS is 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), we 

invite public comments on the 

following proposed revisions 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 part 

111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED] 

1. The authority citation for 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, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods 

* * * * * 

4.0 Postage Meters and PC Postage Products 

(‘‘Postage Evidencing Systems’’) 

4.1 Basic Information 

* * * * * 

4.1.2 Product Categories 

* * * The primary characteristics of 

postage meters and PC Postage products are 

described below. 

* * * * * 

[Revise items b and c of 4.1.2 as follows:] 

b. PC Postage products allow mailers to 

purchase and print postage with InformationBased Indicia (IBI) directly onto mailpieces, 

shipping labels, and USPS-approved 

customized labels. 

c. USPS (Click-N-Ship) and USPSapproved commercial providers offer PC 

Postage products for mailers through 

subscription service agreements. 

* * * * * 

4.2 Authorization To Use Postage 

Evidencing Systems 

* * * * * 

4.2.4 Denial of Use 

[Revise paragraph of 4.2.4 as follows:] 

The Postal Service may deny a mailer 

authorization to use a postage evidencing 

system when a mailer: 

a. Fails to comply with mailing standards. 

b. Submits false or incomplete information. 

c. Enters shortpaid or unpaid mailpieces in 

the mailstream. 

[Renumber current item 4.2.5 as 4.2.6 and 

add new item 4.2.5 as follows:] 

4.2.5 Surrender of Postage Evidence 

System 

If authorization to use a Postage 

Evidencing System is denied, the mailer 

must surrender the systems, upon request, to 

the postage evidencing system service 

provider, USPS, or USPS agent. 

4.2.6 Appeal Process 

[Revise text of renumbered 4.2.6 as follows:] 

Appeals regarding standards in 4.0 or on 

the basis of noncompliance may be filed as 

follows: 

a. For appeals regarding IBI postage, 

mailers must appeal under 4.4.8. 

b. All other appeals must be in writing to 

the manager, Postage Technology 

Management (see 608.8.1 for address). 

4.3 Postage Payment 

4.3.1 Paying for Postage 

[Revise the first sentence of 4.3.1 as follows:] 

The value of the postage on each mailpiece 

must be equal to or greater than the amount 

due for the applicable price and extra service 

fees, or another amount permitted by mailing 

standards. * * * 

* * * * * 

[Renumber current items 4.4 through 4.6 as 

new 4.5 through 4.7, and add new item 4.4 

as follows:] 

4.4 Shortpaid and Unpaid InformationBased Indicia 

4.4.1 Definitions 

Mailpieces bearing shortpaid postage are 

those for which the total postage and fees 

affixed are less than the postage required for 

the applicable price and extra services fees. 

Mailpieces bearing unpaid Information-Based 

Indicia (IBI) are those for which the mailer 

has not paid the postage or service fees due 

to the use of counterfeited, replicated, 

duplicated, falsified, otherwise modified IBI, 

or IBI with zero value. 

4.4.2 Detection Process for Revenue 

Deficiency 

When mailpieces with shortpaid or unpaid 

postage are found in the mailstream, USPS 

will use manual and automated processes to 

detect and verify the revenue deficiencies. 

4.4.3 Handling of Mailpieces With IBI 

Postage Revenue Deficiencies 

When the Postal Service confirms 

shortpaid or unpaid IBI postage, the Postal 

Service will take corrective measures that 

may include: 

a. Delivering the mailpiece to the addressee 

and collecting the revenue deficiency from 

the addressee as postage due. 

b. Collecting the revenue deficiency from 

the sender as described in 4.4.4 through 

4.4.9. 

c. Returning the mailpiece to the sender. 

4.4.4 Electronic Notification of Revenue 

Deficiencies 

When the Postal Service confirms a 

revenue deficiency for a mailpiece with IBI 

postage, the Postal Service may use an 

electronic process to recover the deficiency 

from the mailer. In these cases, the Postal 

Service will electronically notify both the 

mailer and the postage evidencing system 

service provider of the revenue deficiency 

and will deliver the mailpiece to the 

addressee. The notification will provide a 

link to a USPS Web-based customer payment 

portal that will enable the mailer to pay or 

dispute the revenue deficiency. 

4.4.5 Resolution Process 

The Postal Service will provide a 

resolution process through a USPS Webbased customer payment portal. 

4.4.6 Payment Process 

The mailer will have 14 days from the date 

that the Postal Service sends the electronic 

notification to pay the revenue deficiency. 

The mailer must submit payment for the 

revenue deficiency during this 14-day period 

by accessing a Postal Service Web-based 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 9705 

customer payment portal or choose another 

method identified in the notification. The 

mailer may choose to dispute (see 4.4.7) the 

revenue deficiency during this 14-day period. 

The Postal Service may notify the postage 

evidencing system service provider to 

temporarily suspend the mailer’s account 

under the following conditions: 

a. After 14 days, if a mailer has not paid 

or disputed a revenue deficiency. 

b. When an electronic notification to a 

mailer is undeliverable. 

c. When a mailer’s cumulative revenue 

deficiency increases during the 14-day period 

due to additional mailpieces being identified 

as shortpaid or unpaid. 

4.4.7 Dispute Process 

To begin the dispute process, the mailer 

must access a Postal Service Web-based 

customer payment portal or choose another 

method identified in the electronic 

notification to substantiate that the postage 

affixed was valid and sufficient for the 

postage and fees. The process is as follows: 

a. The mailer will have 14 days from the 

date that the Postal Service sends the 

notification to dispute the revenue 

deficiency. 

b. The Postal Service will send electronic 

notification to the mailer of its decision to 

uphold or deny the dispute. If the Postal 

Service upholds the dispute, the mailer is not 

required to take further action. 

4.4.8 Denied Disputes and the Appeal 

Process 

When the Postal Service denies a mailer’s 

dispute of a revenue deficiency, the mailer 

will have 7 days from the date the Postal 

Service sends the notification of the denial to 

pay the revenue deficiency or file an appeal. 

To pay the dispute or file an appeal, the 

mailer must access a Postal Service Webbased customer payment portal or choose 

another method identified in the notification. 

To appeal, the mailer must provide 

additional information to substantiate that 

the postage affixed was valid and sufficient 

for the postage and fees. The Postal Service 

will send electronic notification to the mailer 

of its decision to uphold or deny the appeal. 

If the Postal Service upholds the appeal, the 

mailer is not required to take further action. 

The Postal Service may notify the postage 

evidencing system service provider to 

temporarily suspend the mailer’s account 

under the following conditions: 

a. After 7 days, if a mailer has not paid or 

appealed a revenue deficiency. 

b. When an electronic notification to a 

mailer is undeliverable. 

c. When a mailer’s cumulative revenue 

deficiency increases during the 7-day period 

due to additional mailpieces being identified 

as shortpaid or unpaid. 

4.4.9 Denied Appeals 

When the Postal Service denies the appeal, 

the mailer must pay the revenue deficiency 

within 7 days from the date that the Postal 

Service sends the electronic notification of 

denial by accessing a Postal Service Webbased customer payment portal or choosing 

another USPS-authorized method identified 

in the notification. The Postal Service may 

notify the postage evidencing system service 

provider to temporarily suspend the mailer’s 

account under the following conditions: 

a. After 7 days, if a mailer has not paid the 

revenue deficiency. 

b. When an electronic notification to a 

mailer is undeliverable. 

c. When a mailer’s cumulative revenue 

deficiency increases during the 7-day period 

due to additional mailpieces being identified 

as shortpaid or unpaid. 

* * * * * 

8.1 Insufficient Postage 

8.1.1 Definition 

[Revise the second and third sentences of 

8.1.1 as follows:] 

* * * Such individual pieces (or 

quantities fewer than 10) are delivered to the 

addressee on payment of the charges marked 

on the mail. For mailings of 10 or more 

pieces, the mailer is notified so that the 

postage charges may be paid before dispatch. 

For any mailpiece with insufficient postage 

generated by postage evidencing systems, the 

USPS may follow the process in 4.4.4 

through 4.4.9. 

* * * * * 

[Renumber current item 8.1.7 as 8.1.8 and 

add new 8.1.7 as follows:] 

8.1.7 Express Mail Corporate Accounts and 

Federal Agency Accounts 

Express Mail Corporate accounts and 

Federal government accounts that use a 

‘‘Postage and Fees Paid’’ indicia are debited 

for the correct amount of postage and fees at 

the time of mailing. 

[Revise the heading and text of renumbered 

8.1.8 as follows:] 

8.1.8 Express Mail With Insufficient 

Postage—Acceptance 

When any Express Mail item is received at 

the office of mailing with insufficient 

postage, the Postal Service will contact the 

mailer to correct the postage deficiency prior 

to dispatch of the item. If the mailer cannot 

be contacted prior to dispatch, the Postal 

Service will: 

a. Endorse the item ‘‘Postage Due.’’ 

b. Mark the item to show the total 

deficiency of postage and fees. 

c. Dispatch the item to the destination Post 

Office for delivery to the addressee upon 

payment of the postage due. 

d. If payment is refused by addressee, 

endorse the item ‘‘Return to Sender— 

Refused’’ and return the item to the sender 

upon collection of the postage deficiency. 

[Add new items 8.1.9 through 8.1.11 as 

follows:] 

8.1.9 Express Mail With Insufficient 

Postage—Processing Operations 

For an Express Mail item with insufficient 

postage identified in processing operations or 

at the destination Post Office, the Postal 

Service will: 

a. Endorse the item ‘‘Postage Due.’’ 

b. Mark the item to show the total 

deficiency of postage and fees. 

c. Deliver the item to the addressee upon 

payment of the postage due. 

d. If payment is refused by addressee, 

endorse the item ‘‘Return to Sender— 

Refused’’ and return the item to the sender, 

upon collection of the postage deficiency. 

8.1.10 Express Mail With Insufficient IBI 

Postage—Postage Evidencing Systems 

For an Express Mail item with insufficient 

IBI postage generated by postage evidencing 

systems, USPS may follow the process in 

4.4.4 through 4.4.9. 

8.1.11 Remailing Express Mail With 

Insufficient Postage 

The Postal Service returns an Express Mail 

item with insufficient postage to the sender 

upon collection of the postage deficiency 

when an effort to contact the sender before 

dispatch fails and when the addressee refuses 

to pay the postage due. Under these 

circumstances, if the sender remails the item, 

the sender must affix a new Express Mail 

label with new postage and fees to the item. 

* * * * * 

10.0 Revenue Deficiency 

10.1 General 

* * * * * 

10.1.2 Appeal of Ruling 

[Revise the first sentence of 10.1.2 as 

follows:] 

Except as provided in 4.4.4 through 4.4.9, 

10.2, and 703.1.0, a mailer may appeal a 

revenue deficiency assessment by sending a 

written appeal to the postmaster or manager 

in 10.1.2a through 10.1.2c within 30 days of 

receipt of the notification. * * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 to reflect 

these changes if our proposal is 

adopted. 

Neva R. Watson, 

General Counsel, Legislative. 

[FR Doc. 2011–3798 Filed 2–18–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0011; FRL–9268–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendment to the Definition 

of Fuel-Burning Equipment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland amending the definition of 

‘‘fuel-burning equipment.’’ The revision 

removes the word ‘‘furnace’’ from the 

definition of ‘‘fuel-burning equipment’’ 

in one of Maryland’s regulations and 

also removes the redundant definition 

of ‘‘fuel-burning equipment’’ from 

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