Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Proposed Rules 62635

NW., 9th Floor, Room 9536, Washington 

DC 20001; telephone 202-434–9935.

Michael F. Duffy, 

Chairman, Federal Mine Safety and Health 

Review Commission.

[FR Doc. 04–24023 Filed 10–26–04; 8:45 am] 

BILLING CODE 6735–01–P

POSTAL SERVICE

39 CFR Part 111 

Use of Ancillary Service Endorsement 

for Mailing Certain Types of Checks

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: This proposed rule would 

amend the Domestic Mail Manual 

(DMM) to require an endorsement 

requesting forwarding or return on 

certain mailpieces containing checks 

sent at Standard Mail postage rates, 

including ‘‘convenience’’ and ‘‘balance 

transfer’’ checks.

DATES: Written comments must be 

received on or before November 26, 

2004.

ADDRESSES: Written comments should 

be mailed or delivered to the Manager, 

Mailing Standards, United States Postal 

Service, 475 L’Enfant Plaza, SW., Rm 

3436, Washington DC 20260–3436. 

Copies of all written comments will be 

available for inspection and 

photocopying 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. 

Comments may not be submitted via fax 

or e-mail.

FOR FURTHER INFORMATION CONTACT:

William Chatfield, Mailing Standards, 

United States Postal Service, 202–268–

7278.

SUPPLEMENTARY INFORMATION: The Postal 

Service has observed an increased 

amount of mail containing checks, 

including ‘‘convenience’’ and ‘‘balance 

transfer’’ checks. For instance, a 

common marketing tool is to include 

convenience checks with credit cardrelated mailings to encourage 

addressees to complete a check for cash, 

with the amount added to the credit 

card balance. Financial institutions also 

are using balance transfer checks to 

encourage addressees to transfer 

balances from competitor credit cards to 

the mailer’s credit card. In many cases, 

these mailpieces are not requested by 

the addressee. In addition, other checks 

are sent through the mail. For example, 

check vendors and producers mail new 

books of blank checks to fulfill orders 

from their customers. 

The secure carriage of our customers’

correspondence is a paramount 

consideration for the Postal Service. 

This consideration is particularly 

important when we are entrusted with 

mailings containing checks. The 

security of mailpieces containing checks 

is enhanced by ensuring that they are, 

if undeliverable as addressed, either 

forwarded to the addressee’s new 

address or returned to the sender. 

Mail entered as First-Class Mail 

receives forwarding and return service if 

undeliverable as originally addressed. 

Many mailings that contain checks are 

required, due to the nature of their 

contents, to be entered as First-Class 

Mail. Other mailings that contain 

checks, even though eligible for 

Standard Mail rates, are entered as FirstClass Mail, which expedites handling 

and ensures the forwarding or return of 

undeliverable pieces. However, some 

mailings that contain checks eligible for 

Standard Mail rates are mailed at those 

rates. 

Under the proposal, certain checks 

not required to be entered as First-Class 

Mail may be sent as Standard Mail only 

if the mailpiece bears an ancillary 

service endorsement resulting in the 

forwarding or return of undeliverable 

mailpieces. The use of such 

endorsements is a low-cost solution for 

mailers, particularly those who 

maintain updated address lists, since 

these endorsements require the payment 

of fees or additional postage only for 

mail that is undeliverable as addressed. 

Endorsements satisfying the proposed 

standard would include ‘‘Return Service 

Requested,’’ ‘‘Address Service 

Requested,’’ and ‘‘Forwarding Service 

Requested’’ or, for authorized users of 

bulk parcel return service, ‘‘Return 

Service Requested—BPRS’’ or ‘‘Address 

Service Requested—BPRS.’’ Mailpieces 

required to bear one of these 

endorsements would be those with 

checks drawn on an account of a party 

other than the mailer or mailer’s agent, 

whether or not the checks are blank. An 

endorsement would not be required on 

mailpieces containing rebate, refund, 

and similar checks that are drawn on 

the mailer’s account, whether or not 

they are mailed as Standard Mail. 

Implementation Schedule 

If the proposal is adopted, the Postal 

Service intends to defer implementation 

until June 1, 2005. This delayed 

implementation date would give 

customers adequate time to budget and 

plan for future mailings. 

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 

following proposed revisions to the 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations (CFR). See 39 CFR 

part 111.

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service.

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, 414, 3001–3011, 3201–3219, 

3403–3406, 3621, 3626, 5001.

2. Revise the following sections of the 

Domestic Mail Manual (DMM) as set 

forth below: 

E Eligibility

* * * * *

E600 Standard Mail 

E610 Basic Standards

* * * * *

2.0 CONTENT

* * * * *

[Add new 2.4 to read as follows:] 

2.4 Checks 

Checks that are drawn (or intended to 

be drawn) on an account of a party other 

than the mailer or mailer’s agent and 

that are not required to be entered as 

First-Class Mail may be sent as Standard 

Mail only when the envelope or 

container bears one of the following 

ancillary service endorsements: ‘‘Return 

Service Requested,’’ ‘‘Address Service 

Requested,’’ or ‘‘Forwarding Service 

Requested.’’ Mailers authorized to use 

bulk parcel return service to mail 

Standard Mail machinable parcels must 

use the endorsement ‘‘Return Service 

Requested—BPRS’’ or ‘‘Address Service 

Requested—BPRS.’’ These provisions 

apply to all mailpieces containing such 

checks, whether blank or with some or 

all of the fields completed.

* * * * *

We will publish an appropriate 

amendment to 39 CFR part 111 if the 

proposal is adopted.

Neva R. Watson, 

Attorney, Legislative.

[FR Doc. 04–23647 Filed 10–26–04; 8:45 am] 

BILLING CODE 7710–12–P