[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53812-53813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26754]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 501
Manufacture, Distribution, and Use of Postage Meters
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule clarifies and expands the sources of and uses of
applicant information derived from applications for a license to lease
and use postage meters, both printed and electronic versions.
EFFECTIVE DATE: October 5, 1998.
FOR FURTHER INFORMATION CONTACT: Nicholas S. Stankosky, (202) 268-5311.
SUPPLEMENTARY INFORMATION: This rule is intended to provide greater
specificity regarding uses of the information derived from the meter
license applications received by the United States Postal Service from
meter users and authorized meter Manufacturers. Such information is
hereafter referred to as ``Applicant Information.'' Applicant
information is derived from postal forms, both printed and electronic
versions.
Discussion of Comments
A total of one hundred and forty one parties made comments on the
proposed rule. Of this number, an overwhelming number indicated general
support for the Postal Service's ability to communicate more
effectively with its meter users. One common thought among these
comments was that the Postal Service should be able to include the
names of the four currently authorized meter manufacturers in customer
communications. One party had a number of what were presented as
business and legal concerns. These involved the Postal Service in
possibly:
1. Using a customer list to promote USPS services in competition
with the private sector;
2. Promoting or advancing the business interests of competitors;
3. Listing competitors names in customer communications;
4. Using a list for unspecified future uses;
5. Having access to a manufacturer's computer files; and
6. Issuing a communication without prior notification to the meter
manufacturers.
These concerns were specifically addressed and resolved with this
party prior to the issuance of the final rule. However, this same party
had an objection to the use of the list beyond contacts related to the
meter program. The Postal Service considered this comment and concluded
that inasmuch as remote set meter customers would no longer have the
need to visit a retail facility to have their meter set, it was
appropriate to use the list to convey information that a customer could
have otherwise obtained from a retail outlet. Since this rule was
proposed, the Postal Service has completed relicensing of all meter
users. This resulted in an updated customer list.
List of Subjects in 39 CFR Part 501
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 501 is amended as follows:
PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE
METERS
1. The authority citation for 39 CFR part 501 continues to read as
follows:
Authority: 5 U.S.C. 552(a): 39 U.S.C. 101, 401, 410, 2610, 2605;
Inspector General Act of 1978, as amended (Pub L. 95-452, as
amended), 5 U.S.C. App 3.
2. Add section 501.29, as follows:
Sec. 501.29 Licensee information.
(a) As stated in Sec. 501.22(b) manufacturers must transmit
electronically, copies of completed PS Forms 3601-A, Application for a
License to Lease and Use Postage meters, to the designated Postal
Service central data processing facility.
(b) The Postal Service may use applicant information in the
administration of postage meter and metered mail activities, and to
communicate with customers who may no longer be visiting a traditional
USPS retail outlet. The Postal Service will also use applicant
information to communicate with USPS customers through any new retail
channels, and for the following purposes:
(1) Issuance (including re-licensing, renewal, transfer, revocation
or denial, as applicable) of a meter license to a postal patron that
uses a postage meter, and communications with respect to the status of
such license.
(2) Disclosure to a meter manufacturer of the identity of any meter
required to be removed from service by that meter manufacturer, and any
related licensee data, as the result of revocation of a meter license,
questioned accurate registration of that meter, or de-certification by
the Postal Service of any particular class or model of postage meter.
(3) Use for the purpose of tracking the movement of meters between
a meter manufacturer and its customers and communications to a meter
manufacturer (but not to any third party other than the applicant/
licensee) concerning such movement. The term ``meter manufacturer''
includes a meter manufacturer's dealers and agents.
(4) To transmit general information to all meter customers
concerning rate and rate category changes implemented or proposed for
implementation by the United States Postal Service.
(5) To advertise Postal Service services relating to the
acceptance, processing and delivery of, or postage payment for, metered
mail.
(6) To allow the Postal Service to communicate with USPS customers
on products, services and other information otherwise available to USPS
customers through traditional retail outlets. .
(7) Any internal use by Postal Service personnel, including
identification and monitoring activities relating to postage meters,
provided that such use does not result in the disclosure of applicant
[[Page 53813]]
information to any third party or will not enable any third party to
use applicant information for its own purposes; except that the
applicant information may be disclosed to other governmental agencies
for law enforcement purposes as provided by law.
(8) Identification of authorized meter manufacturers or
announcements of de-authorization of an authorized meter manufacturer,
or provision of currently available public information, where an
authorized meter manufacturer is identified.
(9) To promote and encourage the use of postage meters, including
remotely set postage meters, as a form of postage payment, provided
that the same information is provided to all meter customers, and no
particular meter manufacturer will be recommended by the Postal
Service.
(10) To contact meter customers in cases of revenue fraud or
revenue security except that any meter customer suspected of fraud
shall not be identified to other meter customers.
(11) Disclosure to a meter manufacturer of applicant information
pertaining to that meter manufacturer's customers that the Postal
Service views as necessary to enable the Postal Service to carry out
its duties and purposes.
(12) To transmit to a manufacturer all applicant and postage meter
information pertaining to that manufacturer's customers and postage
meters that may be necessary to permit such meter manufacturer to
synchronize its computer meter database with information contained in
the computer files of the Postal Service, including but not limited to
computerized data that reside in Postal Service meter management
databases.
(13) Subject to the conditions stated herein, to communicate in
oral or written form with any or all applicants any information that
the Postal Service views as necessary to enable the Postal Service to
carry out its duties and purposes under part 501.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 98-26754 Filed 10-6-98; 8:45 am]
BILLING CODE 7710-12-P