Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61355 

§ 5b.11 Exempt systems. 

* * * * * 

(c) Specific systems of records 

exempted under (k)(2). (1) The 

Department exempts the Investigative 

Files of the Inspector General ED/OIG 

(18–10–01), the Hotline Complaint Files 

of the Inspector General ED/OIG (18– 

10–04), and the Office of Inspector 

General Data Analytics System (ODAS) 

(18–10–02) from the following 

provisions of 5 U.S.C. 552a and this part 

to the extent that these systems of 

records consist of investigatory material 

and complaints that may be included in 

investigatory material compiled for law 

enforcement purposes: 

* * * * * 

[FR Doc. E8–24608 Filed 10–15–08; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Revised Standards for Postage and 

Fee Refunds 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: This rule modifies the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM) 

604.9.0 to establish a minimum dollar 

amount for the issuance of checks by the 

USPS for the refund of unused postage 

value in postage meters and PC Postage

accounts. In addition, we provide 

specific time frames and procedures for 

refunds of different types of postage 

produced by PC Postage and postage 

meter systems. 

DATES: This rule is effective November 

6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Lord, Manager, Postage 

Technology Management, U.S. Postal 

Service, at 202–268–4281. 

SUPPLEMENTARY INFORMATION: The final 

rule establishes a $25.00 minimum for 

USPS issuance of individual customer 

refund checks for the unused postage 

value in postage meters and PC postage 

accounts. In addition, the final rule 

provides a 60-day limit for submission 

of physical refunds for both PC Postage 

and postage meter indicia; specifies a 

10-day limit and procedure for 

requesting refunds processed 

electronically for items bearing a 

Product Identification Code (PIC) 

produced by a PC Postage system; and 

establishes a refund procedure for 

unused, undated PC Postage indicia. 

A revised proposed revision of DMM 

604.9.0 was published for comment in 

the Federal Register, May 9, 2008 (Vol. 

73, No. 91, pages 26353–26355). 

Comments: 

No comments were received on the 

revised proposed rule. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR Part 111 is 

amended as follows: 

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, 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: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods 

* * * * * 

9.0 Refunds and Exchanges 

* * * * * 

9.2 Postage and Fee Refunds 

* * * * * 

9.2.8 Ruling on Refund Request 

Refund requests are decided based on 

the specific type of postage or mailing: 

* * * * * 

[Revise items b and c by changing 

‘‘licensing post office’’ to ‘‘local post 

office’’ and changing ‘‘licensee’’ to 

‘‘authorized user’’ as follows:] 

b. Dated metered postage, except for 

PC Postage systems, under 9.3. The 

postmaster at the local Post Office grants 

or denies requests for refunds for dated 

metered postage under 9.3. The 

authorized user may appeal an adverse 

ruling within 30 days through the 

manager, Postage Technology 

Management, USPS Headquarters (see 

608.8.0 for address), who issues the 

final agency decision. The original 

meter indicia must be submitted with 

the appeal. 

c. Undated metered postage under 9.3. 

The manager, business mail entry at the 

district Post Office overseeing the 

mailer’s local Post Office, or designee 

authorized in writing, grants or denies 

requests for refunds for undated 

metered postage under 9.3. The 

authorized user may appeal an adverse 

ruling within 30 days through the 

manager, business mail entry, or 

designee, to the Pricing and 

Classification Service Center (PCSC) 

manager who issues the final agency 

decision. The original meter indicia 

must be submitted with the appeal. 

[Revise item d as follows:] 

d. PC Postage systems under 9.3. The 

system provider grants or denies a 

request for a refund for indicia printed 

by PC Postage systems under 9.3 using 

established USPS criteria. The 

authorized user may appeal an adverse 

ruling within 30 days through the 

manager, Postage Technology 

Management, USPS Headquarters, who 

issues the final agency decision. The 

original indicia must be submitted with 

the appeal. 

* * * * * 

9.3 Refund Request for Postage 

Evidencing Systems and Metered 

Postage 

9.3.1 Unused Postage Value in Postage 

Evidencing Systems 

[Revise 9.3.1 to restrict refunds to 

amounts of $25.00 or more and to 

change ‘‘licensee’’ to ‘‘authorized user’’ 

as follows:] 

The unused postage value remaining 

in a postage evidencing system when 

withdrawn from service may be 

refunded, depending upon the 

circumstance and the ability of the 

USPS to make a responsible 

determination of the actual or 

approximate amount of the unused 

postage value. If the postage evidencing 

system is withdrawn because of faulty 

operation, a final postage adjustment or 

refund will be withheld pending the 

system provider’s report of the cause to 

the USPS and the USPS determination 

of whether or not a refund is 

appropriate and, if so, the amount of the 

refund. No refund is given for faulty 

operation caused by the authorized user. 

When a postage evidencing system that 

is damaged by fire, flood, or similar 

disaster is returned to the provider, 

postage may be refunded or transferred 

when the registers are legible and 

accurate, or the register values can be 

reconstructed by the provider based on 

adequate supporting documentation. 

When the damaged system is not 

available for return, postage may be 

refunded or transferred only if the 

provider can accurately determine the 

remaining postage value based on 

adequate supporting documentation. 

The authorized user may be required to 

provide a statement on the cause of the 


rwilkins on PROD1PC63 with NOTICES
61356 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

damage and to attest that there has not 

been reimbursement by insurance or 

otherwise, and that the authorized user 

will not seek such reimbursement. 

Refunds for unused postage value are 

granted for postage evidencing systems 

specified in 4.0 in accordance with the 

following procedures: 

a. All postage evidencing systems 

except for PC Postage systems. 

Authorized users must notify their 

provider to withdraw the system and to 

refund any unused postage value 

remaining on their system or account. 

The postage evidencing system must be 

examined to verify the amount before 

any funds are cleared from the meter. 

Based on what is found, a refund or 

credit is initiated for unused postage 

value, or additional money is collected 

to pay for postage value used. The 

provider forwards the refund request to 

the USPS for payment or may credit the 

amount to the authorized user’s 

account. The USPS will not issue 

individual customer refund checks for 

unused postage value less than $25.00 

remaining in a postage evidencing 

system. 

b. PC Postage systems. Authorized 

users must notify their provider to 

withdraw the system and to refund any 

unused postage value remaining in their 

account. The provider refunds the 

unused postage value remaining on the 

user’s system on behalf of the USPS. 

The USPS will not issue individual 

customer refund checks for unused 

postage value less than $25.00 

remaining in a postage evidencing 

system. 

9.3.2 Unused, Dated Postage 

Evidencing System Indicia, Except PC 

Postage Indicia 

* * * All other metered postage 

refund requests must be submitted as 

follows: 

[Revise items a through e only as 

follows:] 

a. Authorized users must submit the 

request to their local Post Office. The 

refund request must include proof that 

the person or entity requesting the 

refund is the authorized user of the 

postage meter that printed the indicia. 

Acceptable proof includes a copy of the 

lease, rental agreement, or contract. 

b. Authorized users must include the 

items bearing the unused postage with 

their request to their local Post Office. 

The items must be sorted by meter used 

and then by postage value shown in the 

indicia, and must be properly faced and 

bundled in groups of 100 identical items 

when quantities allow. The request is 

processed by the USPS. The postmaster 

approves or denies the refund request. 

c. Authorized users must submit the 

refund request within 60 days of the 

date(s) shown in the indicia. 

d. When unused metered postage is 

affixed to a mailpiece, the refund 

request must be submitted with the 

entire envelope or wrapper. For those 

items with postage affixed to a large 

container (i.e., cardboard box), a 

sufficient portion of the container with 

the postage affixed must be included to 

validate that the item was never 

deposited with the USPS. The unused 

metered postage must not be removed 

from the mailpiece once applied. 

e. Indicia printed on labels or tapes 

not adhered to wrappers or envelopes 

must be submitted loose and must not 

be stapled together or attached to any 

paper or other medium. Self-adhesive 

labels printed without a backing may be 

submitted on a plain sheet of paper. 

* * * * * 

9.3.3 Unused, Dated PC Postage 

Indicia 

* * * The refund request must be 

submitted as follows: 

[Revise 9.3.3 a, b, and c only as 

follows:] 

a. Only authorized PC Postage users 

may request the refund. Users must 

submit the request to their system 

provider. The request is processed by 

the provider, not the USPS. 

b. Requests for refund of PC Postage 

indicia that contain a valid Postal 

Identification Code (PIC) must be 

submitted by authorized users to their 

provider electronically in accordance 

with procedures available from their 

provider. Valid PICs include any form of 

Delivery Confirmation, Signature 

Confirmation, Express Mail, or Confirm 

Code service. Authorized users must 

initiate requests for electronic refunds 

within ten (10) days of printing the 

indicia. Refunds for postage associated 

with a PIC may only be submitted 

electronically. Physical submissions are 

not permitted. 

c. Requests for refund of PC Postage 

indicia which do not have an associated 

PIC must be physically submitted by 

authorized users to their provider, along 

with the items bearing the unused 

postage, in accordance with procedures 

available from their provider. 

Authorized users must submit the 

refund request within sixty (60) days of 

the date(s) shown in the indicia. The 

refund request must be submitted as 

required in 9.3.2d through 9.3.2g. 

* * * * * 

[Revise heading of 9.3.4 as follows:] 

9.3.4 Unused, Undated Metered 

Postage 

* * * The refund request must be 

submitted as follows: 

[Revise text of items a and c only as 

follows:] 

a. Only the authorized user, or the 

commercial entity that prepared the 

mailing for the authorized user, may 

request the refund. The request must 

include a letter signed by the authorized 

user, or the commercial entity that 

prepared the mailing, explaining why 

the mailpieces were not mailed. 

* * * * * 

c. The authorized user, or the 

commercial entity that prepared the 

mailing for the authorized user, must 

submit the request, along with the items 

bearing the unused postage and the 

required documentation, to the 

manager, business mail entry at the 

district Post Office overseeing the 

mailer’s local Post Office, or to a 

designee authorized in writing. The 

manager or designee approves or denies 

the refund request. 

* * * * * 

[Renumber current 9.3.5 through 9.3.7 

as new 9.3.6 through 9.3.8, and add new 

9.3.5 as follows:] 

9.3.5 Unused, Undated PC Postage 

Indicia 

Refunds will not normally be 

provided for valid, undated, serialized 

PC Postage indicia containing 

commonly used postage values. If the 

authorized user believes there are 

extraordinary circumstances, requests 

for such refunds must be made by the 

authorized user in accordance with the 

procedures outlined in 9.3.3.c, along 

with a detailed description of the 

extraordinary circumstances. Requests 

will be considered by the provider on a 

case by case basis. 

9.3.6 Ineligible Metered Postage Items 

The following metered postage items 

are ineligible for refunds: 

* * * * * 

[Revise item d of renumbered 9.3.6 to 

change ‘‘licensing Post Office’’ to ‘‘local 

Post Office’’ as follows:] 

d. Indicia lacking identification of the 

local Post Office or other required 

information. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E8–24537 Filed 10–15–08; 8:45 am] 

BILLING CODE 7710–12–P 


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