98-23559. Manufacture, Distribution, and Use of Postal Security Devices and Information-Based Indicia  

  • [Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
    [Proposed Rules]
    [Pages 46719-46728]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-23559]
    
    
    
    [[Page 46719]]
    
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    POSTAL SERVICE
    
    39 CFR Parts 111 and 502
    
    
    Manufacture, Distribution, and Use of Postal Security Devices and 
    Information-Based Indicia
    
    AGENCY: Postal Service.
    
    ACTION: Proposed rule.
    
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    SUMMARY: This proposal would add new sections to the Domestic Mail 
    Manual (DMM) and title 39, Code of Federal Regulations (CFR), to 
    reflect policies and regulations pertaining to the Information-Based 
    Indicia Program (IBIP). The proposed policies and regulations were 
    originally published for public review and comment in the March 28, 
    1997, Federal Register (62 FR 14833). As a result of comments received 
    on that original proposal, the regulations have been revised to reflect 
    two significant changes. The first is that the proposed regulations 
    only address ``open'' systems. It is the intent of the Postal Service 
    to address ``closed'' systems at a future date. The second is a 
    clarification on refund procedures. In addition, the March 3, 1998, 
    Federal Register (63 FR 10419) provided information regarding potential 
    alternative approaches to the physical nature and location of a 
    security device. The proposed regulations have been amended to reflect 
    these alternatives. These proposed IBIP policies and regulations are 
    interim and may be revised after experience has been gained with the 
    testing and implementation of the first of the Information-Based 
    Indicia (IBI) systems.
    
    DATES: Comments must be received on or before November 2, 1998.
    
    ADDRESSES: Written comments should be mailed or delivered to the 
    Manager, Metering Technology Management, 475 L'Enfant Plaza SW, Room 
    8430, Washington DC 20260-2444. Copies of all written comments will be 
    available at the above address for inspection and photocopying between 
    9 a.m. and 4 p.m., Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT: Nicholas S. Stankosky, (202) 268-5311.
    
    SUPPLEMENTARY INFORMATION: The Information-Based Indicia Program (IBIP) 
    involves the development of new technology to produce forms of postage 
    evidencing through the use of two-dimensional barcodes, human-readable 
    information, and cryptographic services to produce postage evidence 
    from personal computers. This technology will support Postal Service 
    efforts to reduce fraud, provide a convenient access to postage, and 
    provide an opportunity for customer defined ``value added'' services.
        There are five primary elements to an IBI. The indicia includes:
         Town circle information.
         Postage amount applied.
         Device identifier.
         Two-dimensional barcode.
         Optional advertising art.
        The Postal Service has classified potential IBIP PC Postage 
    products into four major categories:
        1. Stand-alone system products.
        2. Local Area Network (LAN) system products.
        3. Wide Area Network (WAN) system products, and
        4. Hybrid system products.
        The proposed regulations pertain to current IBI stand-alone system 
    performance criteria and will also be applied to the other potential 
    categories as Providers present their systems for evaluation and 
    approval.
        Core security functions, such as digital signature generation and 
    verification and the management of registers, are performed on a stand-
    alone system by a physical Postal Security Device (PSD). On all other 
    systems these functions are performed remotely through another form of 
    logical security element. Some customer and Provider requirements may 
    differ according to each alternative system. The host system controls 
    the customer infrastructure in system authorization, system audits, 
    postage resetting and production of the indicia.
        The IBIP key management component employs a public-key certificate-
    based digital signature that features a data integrity service and 
    provides the means to validate the indicia. Finally, the product/
    service Provider infrastructure provides support for all IBIP functions 
    including licensing, PSD production, maintenance of other logical 
    security elements, and life cycle support, and provides an interface 
    with both the customer and the Postal Service infrastructure. The 
    Postal Service interface involves the issuance of licenses, updating 
    licensee information, product/device inventory and tracking, resetting 
    support and account reconciliation, lost and stolen/irregularity 
    monitoring, and the assignment of digital certificates.
        The following is a summary of the Postal Service's position on the 
    general interest IBIP policy issues. In this document, the USPS will 
    only address ``open'' systems. ``Closed'' systems will be addressed 
    separately at a future date.
         Any proposed open system product or device must be 
    submitted for approval under proposed ``Metering Technology Management 
    Metering Product Submission Procedures'' (September 1, 1998 Federal 
    Register). These procedures include specifics on letters of intent, 
    nondisclosure agreements, the Provider's concept of operations and 
    infrastructure, documentation requirements, product submissions, and 
    most testing activities.
         In an attempt to use the existing Postal Service 
    infrastructure as much as possible, customer licensing and product/
    device tracking will be included in the Centralized Meter Licensing 
    System (CMLS). A license must be obtained prior to the use of a device. 
    A customer already licensed to use postage meters will not have to 
    apply again for an additional license. The Postal Service will simply 
    update the customer's file.
         All IBIP-specific system components must be leased.
         Until the Postal Service has captured historical data on 
    reliability and security, the total amount of postage in a descending 
    register will be limited to a maximum of $500. Ascending registers must 
    show all postage printed over time.
         Authorized Providers must keep records of the 
    distribution, control, and maintenance of all IBIP systems throughout 
    the complete lifecycle of the product. This includes tracking of all 
    PSDs, including newly manufactured PSDs, active leased PSDs and 
    inactive unleased PSDs, as well as lost and stolen PSDs.
         Indicia produced from the IBIP system may be used to 
    indicate postage for single-piece rate First-Class Mail (including 
    Priority Mail), Express Mail, and Standard Mail classes. Mail bearing 
    the indicia is entitled to all privileges and subject to all conditions 
    applying to these classes of mail.
         Providers are responsible for audit functions. The Postal 
    Service will not take over this function but may at times participate 
    in or review the audit process. PSDs and other logical security 
    elements must be audited at least once every 3 months.
         Providers must perform an analysis of each submitted 
    customer mailpiece as part of the Provider's Mailpiece Quality 
    Assurance program to ensure the quality and readability of the indicia. 
    The Provider must notify the customer and the Postal Service of any 
    deficiencies.
         All postage downloads or settings will be made under the 
    provisions of the Computerized Remote Meter Resetting System (CMRS). 
    The Postal Service will conduct periodic audits of a Provider's 
    resetting system to ensure that the system is operating correctly and 
    that postal revenues are protected.
    
    [[Page 46720]]
    
         Physical inspections of PSDs will be made at the time of 
    submission for approval and if there is a subsequent suspicion of a 
    security problem.
         The Postal Service will provide refunds for unused 
    postage, for any balance remaining on a PSD or other logical security 
    element, and for any balance remaining in the licensee's CMRS account.
         All approved systems must have the capability to update 
    postage rates efficiently when such changes are announced.
         There are provisions in the IBIP regulations for the 
    correction of postage and dates. These are similar to those used for 
    metered postage. For date correction, the facing identification mark 
    (FIM) and barcode will be suppressed; for postage correction, the FIM 
    will be suppressed.
         Cautionary labels such as those affixed to postage meters 
    will not be affixed to PSDs. However, Providers must make their 
    customers aware of this information through their supplied software, 
    and documentation.
        Although exempt from the notice and comment requirements of the 
    Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed 
    rule-making by 39 U.S.C. 410(a), the Postal Service invites public 
    comments on the following proposed amendments to the Domestic Mail 
    Manual, incorporated by reference in the Code of Federal Regulations. 
    See 39 CFR part 111.
    
    List of Subjects in 39 CFR Parts 111 and Part 502
    
        Administrative practice and procedure, Postal Service.
    
        Accordingly, Parts 111 and 502 of title 39, CFR are 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, 3001-
    3011, 3403-3406, 3621, 3626, 5001.
    
        2. Add the following sections to the Domestic Mail Manual as set 
    forth below:
    
    P050  Information-Based Indicia
    
    1.0  BASIC INFORMATION
    
    1.1  Description of IBI
    
        The IBI system prints an authorized USPS Information-Based Indicia 
    that shows evidence of postage. The indicia consists of a USPS-approved 
    two-dimensional barcode and certain human-readable information such as 
    city and state, 5-digit ZIP Code of licensing post office, device ID 
    number, date, and amount of postage. The IBI system includes as a 
    primary component a physical Postal Security Device (PSD), or another 
    form (e.g., remote) of logical security element depending on the 
    installed IBI system version, that provides critical functionality for 
    accounting for postage with a computer-based host system. The security 
    device and host system interact to generate the indicia. The security 
    device is remotely set and requires the customer to have funds on 
    deposit with the USPS before initial setting or resetting.
    
    1.2  Provider Responsibilities
    
        The IBI system is available only through a lease agreement from a 
    USPS-authorized Provider. The USPS holds Providers responsible for the 
    life cycle, control, operation, maintenance, and replacement of their 
    IBIP products and devices.
    
    1.3  Possession
    
        A customer must have a USPS-issued license and a valid lease 
    agreement to use the IBI system.
    
    1.4  Classes of Mail
    
        Indicia produced from the IBI system may be used to indicate 
    postage for single-piece rate First-Class Mail (including Priority 
    Mail), Express Mail, and Standard Mail classes.
    
    1.5  Amount of Postage
    
        The value of the IBIP indicia affixed to each mailpiece must equal 
    or exceed the exact amount due for the piece when mailed.
    
    1.6  Additional Postage
    
        An indicia showing additional postage may be placed on a shortpaid 
    mailpiece under 4.9, Postage Correction.
    2.0  LICENSE
    
    2.1  Procedures
    
        The application and the license are processed through the 
    Centralized Meter Licensing System (CMLS). An applicant must provide 
    all applicable data for Form 3601-A, Application for a License to Lease 
    and Use Postage Meters, to the Provider. The application must state the 
    post office where the applicant intends to deposit mail produced using 
    their IBI system. The Provider electronically transmits the information 
    requested on Form 3601-A to CMLS in the USPS-specified format. When a 
    Provider transmits the application on behalf of the applicant, the USPS 
    notifies the Provider when a license is issued. A single license covers 
    all IBI systems to the same applicant by the same post office, but a 
    separate application must be submitted for each post office where the 
    applicant wants to deposit IBI mail. There is no fee for the 
    application and license. After approving an application, the USPS 
    issues a Postage Meter License (Form 3601-B). A customer will not have 
    to apply for a license to use an IBI system if the customer already 
    possesses a valid postage meter license.
    
    2.2  Refusal to Issue License
    
        The USPS may refuse to issue a license for the following reasons: 
    the applicant submitted false or fictitious information on the license 
    application; the applicant violated any standard for the care or use of 
    an IBI or product/device that resulted in the revocation of that 
    applicant's license within 5 years preceding submission of the 
    application; or there is sufficient reason to believe that the product/
    device is to be used in violation of the applicable standards. The USPS 
    sends the licensee written notice when an application for a license is 
    refused. The USPS notifies the Provider if the license is refused. Any 
    applicant refused a license may appeal the decision under 2.4.
    
    2.3  Revocation of License
    
        A license is subject to revocation for any of the following 
    reasons:
        a. An IBI product/device is used for any illegal scheme or 
    enterprise or there is probable cause to believe that the product/
    device is to be used in violation of the applicable standards.
        b. The IBI product/device is not reset or audited within a 3-month 
    period.
        c. Sufficient control of an IBI product/device is not exercised or 
    the standards for its care or use are not followed.
        d. The IBI product/device is kept or used outside the boundaries of 
    the United States or those U.S. territories and possessions without 
    USPS approval.
        e. IBI mail is deposited at other than the licensing post office 
    (except as permitted by 5.0 or D072).
        f. Failure to forward mailpieces to the Provider for quality 
    assurance as required by 2.5h.
        The USPS sends written notice to the licensee and the licensee's 
    Provider of any revocation.
    
    2.4  Appeals
    
        An applicant who is refused a license, or a licensee whose license 
    is revoked, may file a written appeal with the Manager of Metering 
    Technology Management (MTM), USPS Headquarters, within 10 calendar days 
    of receipt of the decision.
    
    [[Page 46721]]
    
    2.5  Licensee Responsibilities
    
        The licensee's responsibilities for the care and use of an IBI 
    product/device include the following:
        a. After a PSD supporting a stand-alone system is delivered to a 
    licensee, it must remain in the licensee's custody until it is returned 
    to the authorized Provider.
        b. The licensee must, upon request, make the PSD in the licensee's 
    custody and corresponding records on transactions immediately available 
    for review and audit to the Provider or the USPS.
        c. The licensee must remote-set security devices at least once 
    every 3 months.
        d. The licensee must immediately notify the Provider of any change 
    in the licensee's name, address, telephone number, the location of the 
    product/device, or any other information on the Form 3601-A.
        e. The USPS issues a revised license based on the transmission of 
    updated information from the Provider. The licensee must verify and 
    update license information on a periodic basis. If a licensee changes 
    the post office where IBI mail is to be deposited, the PSD or other 
    logical security element must be checked out of service by the 
    authorized Provider. The customer must be relicensed at the new post 
    office before the Provider can issue and reset a replacement PSD or 
    other logical security element.
        f. The licensee must report a misregistering or otherwise defective 
    IBI product/device to the Provider under 2.7 and must ensure that the 
    defective IBI product/device is not used.
        g. The licensee must maintain address quality by updating the USPS 
    AMS CD-ROM disk at least once every 6 months.
        h. The licensee must forward a mailpiece produced by the IBI 
    product/device to the Provider at least once every 6 months after 
    initialization for quality assurance.
        i. The customer must enter into a signed lease agreement with the 
    Provider that includes a financial agreement for resetting the IBI 
    product/device with postage.
    
    2.6  Custody of Suspect PSDs
    
        The Postal Service may conduct unannounced, on-site examinations of 
    IBI product/devices reasonably suspected of being manipulated or 
    otherwise defective. An inspector may also immediately withdraw a 
    suspect IBI product/device from service for physical and/or laboratory 
    examination. The inspector issues the licensee a receipt for the IBI 
    product/device, forwards a copy to the Provider, and, if necessary, 
    assists in obtaining a replacement IBI product/device. Where possible, 
    the Inspection Service gives advance notice that an IBI product/device 
    is to be inspected. Unless there is reason to believe that the IBI 
    product/device is fraudulently set with postage, existing postage in 
    the IBI product/device to be examined is transferred to the replacement 
    PSD.
    
    2.7  Defective PSD or Other Logical Security Element
    
        The licensee must immediately report any defective PSD or other 
    logical security element to the Provider. The Provider must retrieve 
    any defective PSD within 3 business days of notification by the 
    licensee and notify the USPS. A faulty PSD or other logical security 
    element may not be used under any circumstance. Faulty PSDs must be 
    returned to the Provider. The Provider will supply the licensee with a 
    replacement PSD or will correct the logical security element, as 
    applicable.
    
    2.8  Missing PSD
    
        The licensee must immediately report to the Provider and licensing 
    post office the loss or theft of any PSD or the recovery of any missing 
    PSD. Reports must include the PSD identification number and/or serial 
    number; the date, location, and details of the loss, theft, or 
    recovery; and a copy of any police report. The Provider must report all 
    details of the incident to the Manager, MTM.
    
    2.9  Returning a PSD
    
        After a PSD is delivered to a licensee, the PSD must be kept in the 
    licensee's custody until returned to the authorized Provider. A 
    licensee with a faulty or misregistering PSD or who no longer wants to 
    keep a PSD must return the PSD to the Provider to be checked out of 
    service. PSDs must be shipped by Priority Mail Returned Receipt for 
    Merchandise unless the Manager, MTM, USPS Headquarters, gives written 
    permission to ship at another rate or special service.
    3.0  SETTING
    
    3.1  Initial Setting of PSD or Other Logical Security Element
    
        Before the licensee is issued a PSD or is granted access to another 
    form of logical security element, the device must be initialized and 
    authorized by the Provider. The customer must enter into a lease 
    agreement with the Provider that includes a financial agreement for 
    resetting the device with postage. Settings are made according to the 
    provisions of the USPS Computerized Remote Postage Meter Resetting 
    System (CMRS).
    
    3.2  Payment for Postage
    
        Payment must be made for postage before the IBI product/device is 
    set. The customer is permitted to make payment in accordance with 
    Treasury Handbook, F-3, section 2-11.
    
    3.3  Postage Transfers and Refunds
    
        Postage losses due to malfunctions are the responsibility of the 
    Provider. The Postal Service will provide refunds for unused postage, 
    for any balance remaining on a PSD or other logical security element, 
    and for any balance remaining in the licensee's CMRS account.
         For unused postage, refunds will only be granted for 
    mailpieces that are 30 days old or less. The mailpieces and a completed 
    PS Form 3533, Application and Voucher for Refund of Postage and Fees, 
    must be forwarded to the Provider for indicia verification and 
    processing. Refunds will be credited to the licensee's CMRS account.
         Upon the return of a PSD, the Provider will verify the 
    remaining balance. The refund will be credited to the licensee's CMRS 
    account.
         Refunds from other logical security elements will be 
    verified by the Provider and credited to the licensee's CMRS account.
         Licensees must notify the Provider in writing to request 
    the closing of a CMRS account. After the request has been processed the 
    licensee will receive a check for the balance.
    
    3.4  Periodic Examinations
    
        PSDs or other logical security elements must be reset at least once 
    every 3 months. The Provider's update of the watchdog timer/device 
    audit satisfies this requirement. The USPS reserves the right to 
    examine security devices by remote access or otherwise.
    
    3.5  Resetting
    
        In addition to the conditions in Part B, Postal Security Device, of 
    the ``Performance Criteria for Information-Based Indicia and Security 
    Architecture for IBI Postage Metering Systems (PCIBISAIBIPMS),'' the 
    following conditions must be met to reset a PSD or other logical 
    security element:
        a. The licensee's account must have sufficient funds to cover the 
    desired postage increment, or the Provider must agree to advance funds 
    to the USPS on behalf of the licensee. The USPS encourages the 
    Providers to recommend the use of the following payment forms by order 
    of preference:
    
    1. ACH Debit
    
    [[Page 46722]]
    
    2. ACH Credit
    3. Wire Transfer
    4. Debit Card Optional
    5. Credit Card Optional
    6. Check
    
        b. As part of the resetting procedure, the licensee must provide 
    identification information according to the Provider's resetting 
    specifications.
        c. After a PSD or other logical security element is reset, the 
    Provider supplies the licensee with documentation of the transaction 
    and the balance remaining in the licensee's account, unless the 
    Provider gives a monthly statement to the licensees documenting all 
    transactions for the period and the balance after each transaction.
    
    3.6  Amount of Postage
    
        The descending register of the PSD or other logical security 
    element is programmed not to exceed $500 for a given user at any time.
    4.0  INDICIA
    
    4.1  Design
    
        The indicia designs (types, sizes, and styles) must be those the 
    Provider specified when the IBI product/device was approved by the USPS 
    for manufacture and distribution.
    
    4.2  Legibility
    
        The indicia must be legible. An illegible indicia is not acceptable 
    when determining postage paid. Minimal standards for acceptable 
    reflectance measurements of the indicia and the background material are 
    in the Uniform Symbology Specifications PDF417 and DMM Section C840.5. 
    The facing identification mark (FIM) must meet the dimensions and print 
    quality specified in DMM C810. The address and POSTNET barcode must 
    meet the specifications listed in the DMM C840.
    
    4.3  On an Adhesive Label
    
        The USPS-approved label must be used when IBI indicia are to be 
    printed on a label. Labels are subject to corresponding standards in 
    DMM C810 and must be approved by the Manager, MTM.
    
    4.4  Position
    
        The indicia must be printed or applied in the upper right corner of 
    the envelope, address label, or tag. The indicia must be at least \1/4\ 
    inch from the right edge of the mailpiece and \1/4\ inch from the top 
    edge of the mailpiece. The indicia barcode must be horizontally 
    oriented. The indicia must not infringe on the areas reserved for the 
    FIM, POSTNET barcode, or optical character reader (OCR) clear zone. 
    These apply to pieces meeting the dimensions specified in DMM C800.
    
    4.5  Content
    
        In usage, the indicia must consist of human-readable information 
    and two-dimensional barcoded information unless specified otherwise. 
    The human-readable information must show, as a minimum, the city, 
    state, and 5-digit ZIP Code of the licensing post office, the device 
    ID, date of mailing, rate category, and the amount of postage. On 
    approval of the licensing post office, the indicia may contain the name 
    and state designation of its local classified branch. This 
    authorization does not apply to classified stations or to contract 
    stations or branches. Alternatively, the indicia may show the ZIP Code 
    rather than the city and state designation. In this case, the words 
    ``Mailed From ZIP Code'' and the mailer's delivery address ZIP Code 
    must appear in place of the city and state, respectively. When it is 
    necessary to print multidenomination IBI product/device indicia on more 
    than one tape, the human-readable information showing the post office 
    must be on each adhesive label.
    
    4.6  Complete Date
    
        The month, day, and year must be shown in the indicia on all First-
    Class Mail. On Standard Mail the day may be omitted. Mailpieces bearing 
    an indicia with only the month and year may be accepted during the 
    month shown. They may also be accepted through the third day of the 
    following month if the postmaster finds that the mailing was 
    unavoidably delayed before deposit with the USPS.
    
    4.7  Date Accuracy
    
        The date shown in the indicia must be the actual date of deposit. 
    Mail deposited after the day's last scheduled collection may bear the 
    date of the next scheduled collection.
    
    4.8  Date Correction
    
        If date correction is required, an indicia showing actual date of 
    mail and the word ``REDATE'' instead of the postage amount may be used. 
    The indicia must be placed on the nonaddress side at least 20mm from 
    the bottom edge of the mailpiece. The indicia impression must not bear 
    the FIM or the two-dimensional barcode.
    
    4.9  Postage Correction
    
        An indicia for additional postage may be placed on a shortpaid 
    mailpiece to correct postage. The corrected indicia must be printed on 
    the nonaddress side at least 20mm from the bottom edge of the piece and 
    not on an envelope flap. The impression on the nonaddress side must 
    contain all the indicia elements except for the FIM. To meet two-
    dimensional barcode readability requirements, an indicia may be printed 
    on a USPS-approved tape/label.
    
    4.10  Other Matter Printed
    
        Advertising matter, slogans, return addresses, and the postal 
    markings specified in 4.11 may be printed with the indicia within space 
    limitations. A licensee must obtain the content for printing this 
    matter from the authorized Provider. Advertising art messages must 
    include the mailer's name or words such as ``Mailer's Message.'' The 
    advertising art must not be obscene, defamatory of any person or group, 
    or deceptive and it must not advocate any unlawful action. The Provider 
    must obtain prior approval for all advertising matter.
    
    4.11  Postal Markings
    
        Postal markings related to the class or category of mail are 
    required. If placed in the advertising art area, only the postal 
    marking may be printed, and it must fill the advertising art area as 
    much as possible. All words must be in bold capital letters at least 
    \1/4\ inch high (18-point type) and legible at 2 feet. Exceptions are 
    not made for small advertising art that cannot accommodate a 
    permissible marking.
    
    4.12  FIM
    
        The mailpiece generated by IBI product/device must bear a USPS-
    approved FIM D unless the envelope is courtesy reply with a FIM A or 
    the piece is not a letter or a flat. The location of the FIM applies to 
    pieces meeting the dimensions specified in DMM C800.
    5.0  MAILINGS
    
    5.1  Preparation of IBI
    
        Mail is subject to the preparation standards that apply to the 
    class of mail and rate claimed.
    
    5.2  Combination
    
        IBI mail may be combined in the same mailing with mail paid with 
    other methods only if authorized by the USPS.
    
    5.3  Where to Deposit
    
        Single-piece rate First-Class Mail may be deposited in any street 
    collection box or such other place where mail is accepted and that is 
    served by the licensing post office. Limited quantities (i.e., a 
    handful) of single-piece rate First-Class Mail may be deposited at 
    offices other than the licensing post office to expedite dispatch.
    
    [[Page 46723]]
    
    6.0  AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE IBI SYSTEMS
        Title 39, Code of Federal Regulations, part 502, contains 
    information about the authorization to manufacture and distribute IBI 
    product/devices; the suspension and revocation of such authorization; 
    performance standards, test plans, testing, and approval; required 
    manufacturing security measures; and standards for distribution and 
    maintenance. Further information may be obtained from MTM, USPS 
    Headquarters.
        3. Part 502 is added to read as follows:
    
    PART 502--AUTHORITY TO MANUFACTURE AND DISTRIBUTE INFORMATION BASED 
    INDICIA SYSTEMS
    
    Sec.
    502.1  Provider qualifications.
    502.2  Provider authorization.
    502.3  Changes in ownership or control.
    502.4  Burden of proof standard.
    502.5  Suspension and revocation of authorization.
    502.6  Description of the IBIP.
    502.7  Product/device Provider.
    502.8  IBIP performance criteria.
    502.9  Test plans.
    502.10  Security testing.
    502.11  IBI system approval.
    502.12  Conditions for approval.
    502.13  Suspension and revocation of approval.
    502.14  Reporting.
    502.15  Administrative sanction on reporting.
    502.16  Materials and workmanship.
    502.17  Destruction of product/device indicia.
    502.18  Inspection of new IBI systems.
    502.19  Distribution facilities.
    502.20  Distribution controls.
    502.21  Administrative sanction.
    502.22  IBI system replacement.
    502.23  Inspection of PSDs or other logical security elements in 
    use.
    502.24  PSDs not located.
    502.25  Computerized remote resetting.
    502.26  Indicia quality assurance.
    502.27  IBI system refunds.
    502.28  Key management requirements.
    502.29  Provider infrastructure.
    
        Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 
    2601, 2605; Inspector General Act of 1978, as amended (Pub. L. 95-
    452, as amended), 5 U.S.C. App 3.
    
    
    Sec. 502.1  Provider qualifications.
    
        A potential Provider wanting authorization to lease or otherwise 
    distribute an Information-Based Indicia (IBI) system, as approved by 
    the Postal Service, for use by licensees under Domestic Mail Manual 
    P050.1.2 must:
        (a) Satisfy the Postal Service of its integrity and financial 
    responsibility;
        (b) Obtain approval of at least one prototype incorporating all the 
    features and safeguards specified in Sec. 502.9;
        (c) Have, or establish, and keep under its supervision and control 
    adequate manufacturing facilities suitable to carry out the provisions 
    of Secs. 502.18 through 502.21 to the satisfaction of the Postal 
    Service (such facilities must be subject to unannounced inspection by 
    representatives of the Postal Service); and
        (d) Have, or establish, and retain adequate facilities for the 
    control, distribution, and maintenance of IBI systems and their 
    replacement when necessary.
    
    
    Sec. 502.2  Provider authorization.
    
        Upon qualification and approval, the applicant is authorized in 
    writing to manufacture IBI products/devices and to lease them to 
    persons licensed by the Postal Service.
    
    
    Sec. 502.3  Changes in ownership or control.
    
        Any person or concern wanting to acquire ownership or control of an 
    authorized Provider must provide the Postal Service with satisfactory 
    evidence of that person's or concern's integrity and financial 
    responsibility.
    
    
    Sec. 502.4  Burden of proof standard.
    
        The burden of proof is on the Postal Service in the adjudication of 
    suspensions and revocations under Secs. 502.5 and 502.14 and 
    administrative sanctions under Secs. 502.16 and 502.22. Except as 
    otherwise indicated in those sections, the standard of proof shall be 
    the preponderance of evidence standard.
    
    
    Sec. 502.5  Suspension and revocation of authorization.
    
        (a) The Postal Service may suspend and/or revoke authorization to 
    provide and/or distribute any or all of a Provider's IBI systems if the 
    Provider engages in any unlawful scheme or enterprise, fails to comply 
    with any provision in this part 502, or fails to implement instructions 
    issued in accordance with any final decision issued by the Postal 
    Service within its authority over the IBI product/device programs.
        (b) The decision to suspend or revoke a Provider's authorization 
    shall be based on the nature and circumstances of the violation (e.g., 
    whether the violation was willful, whether the Provider voluntarily 
    admitted to the violation, whether the Provider cooperated with the 
    Postal Service, whether the Provider implemented successful remedial 
    measures) and on the Provider's performance history. Before determining 
    whether a Provider's authorization to manufacture and/or distribute IBI 
    systems should be revoked, the procedures in paragraph (c) of this 
    section shall be followed.
        (c) Suspension in all cases shall be as follows:
        (1) Upon determination by the Postal Service that a Provider is in 
    violation of the provisions in this part 502, the Postal Service shall 
    issue a written notice of proposed suspension citing deficiencies for 
    which suspension or authorization to provide IBI systems may be imposed 
    under paragraph (c) (2) of this section. Except in cases of willful 
    violation, the Provider shall be given an opportunity to correct 
    deficiencies and achieve compliance with all requirements within a time 
    limit corresponding to the potential risk to postal revenue.
        (2) In cases of willful violation, or if the Postal Service 
    determines that the Provider has failed to correct cited deficiencies 
    within the specified time limit, the Postal Service shall issue a 
    written notice setting forth the facts and reasons for the decision to 
    suspend and the effective date if a written defense is not presented as 
    provided in paragraph (d) of this section.
        (3) If, upon consideration of the defense as provided in paragraph 
    (e) of this section, the Postal Service deems that the suspension is 
    warranted, the suspension shall remain in effect for up to 90 days 
    unless withdrawn by the Postal Service, as provided in paragraph 
    (c)(4)(iii) of this section.
        (4) At the end of the 90-day suspension, the Postal Service may:
        (i) Extend the suspension in order to allow more time for 
    investigation or to allow the Provider to correct the problem;
        (ii) Make a determination to revoke authorization to provide and/or 
    distribute the Provider's products/devices in part or in whole; or
        (iii) Withdraw the suspension based on identification and 
    implementation of a satisfactory solution to the problem. Provider 
    suspensions may be withdrawn before the end of the 90-day period if the 
    Postal Service determines that the Provider's solution and 
    implementation are satisfactory.
        (d) The Provider may present the Postal Service with a written 
    determination within 30 calendar days of receiving the written notice 
    (unless a shorter period is deemed necessary). The defense must include 
    all supporting evidence and specify the reasons for which the order 
    should not be imposed.
        (e) After receipt and consideration of the defense, the Postal 
    Service shall advise the Provider of the decision and the facts and 
    reasons for it. The decision
    
    [[Page 46724]]
    
    shall be effective on receipt unless it provides otherwise. The 
    decision shall also advise the Provider that it may appeal that 
    determination within 30 calendar days of receiving written notice 
    (unless a shorter period is deemed necessary), as specified therein. 
    The appeal must include all supporting evidence and specify the reasons 
    the Provider believes that the decision is erroneous.
        (f) An order or final decision under this section does not preclude 
    any other criminal or civil statutory, common law, or administrative 
    remedy that is available by law to the Postal Service, the United 
    States, or any other person or concern.
    
    
    Sec. 502.6  Description of the IBIP.
    
        The IBI product/device prints an authorized USPS Information-Based 
    Indicia that shows evidence of postage. The indicia consists of a USPS-
    approved two-dimensional barcode and certain human-readable information 
    such as city and state, 5-digit ZIP Code of licensing post office, 
    Device ID number, date, and amount of postage. The IBI product/device 
    includes as a primary component a physical Postal Security Device 
    (PSD), or a remote logical security element depending on the installed 
    IBI system version, that provides critical functionality for accounting 
    postage with a computer-based host system. The security device and host 
    system interact to generate the indicia. The PSD or other logical 
    security element is remotely set with postage value and requires the 
    licensee to have funds on deposit with the Postal Service prior to 
    initial setting or resetting. IBIP PC Postage products are classified 
    into four major categories.
    
        1. Stand-alone system products.
        2. Local Area Network (LAN) system products.
        3. Wide Area Network (WAN) system products, and
        4. Hybrid system products.
    
        Core security functions such as digital signature generation and 
    verification and the management of registers are performed on a stand-
    alone system by a physical PSD. On all other systems these functions 
    are performed remotely through another form of logical security 
    element. Customer and Provider requirements may differ according to 
    each alternative system.
    
    
    Sec. 502.7  Product/device Provider.
    
        The IBI system is available to licensees only through a lease 
    agreement from a USPS authorized Provider. The host is envisioned to 
    operate on personal computers.
    
    
    Sec. 502.8  IBIP performance criteria.
    
        The IBIP performance criteria describe system elements that include 
    Postal Service infrastructure, Provider infrastructure, and customer 
    infrastructure. The existing Postal Service infrastructure supports 
    customer authorization, product audit, postage resetting reporting, 
    total population management, key management support, financial 
    reconciliation, product lifecycle tracking, and lost and stolen/
    irregularity management functions. The Provider infrastructure will 
    support all IBIP functions. The customer infrastructure will consist of 
    the applicable security device and host system. The Postal Service will 
    evaluate and test IBIP systems for compliance with this infrastructure.
        (a) The indicia data content is described in Part A, Indicium, of 
    the ``Performance Criteria for Information-Based Indicia and Security 
    Architecture for IBI Postage Metering Systems (PCIBISAIBIPMS).'' 
    Contact the Manager, MTM, USPS, 475 L'Enfant Plaza SW, Room 8430, 
    Washington DC 20260-2444 for these requirements.
        (b) The PSD implements digital signature technology for the 
    creation and verification of digital signatures. Postal Security Device 
    performance criteria are described in Part B, Postal Security Devices, 
    of the PCIBISAIBIPMS. Contact the Manager, MTM, USPS, 475 L'Enfant 
    Plaza SW, Room 8430, Washington DC 20260-2444 for these requirements.
        (c) Indicia design must comply with the requirements in Domestic 
    Mail Manual (DMM) P050.
        (d) Host System Functional Requirements are contained Part C, Host 
    System, of the PCIBISAIBIPMS. Contact the Manager, MTM, USPS, 475 
    L'Enfant Plaza SW, Room 8430, Washington DC 20260-2444 for these 
    requirements.
        (e) Key Management functional requirements are contained in Part D, 
    Key Management Plan, of the PCIBISAIBIPMS. Contact the Manager, MTM, 
    USPS, 475 L'Enfant Plaza SW, Room 8430, Washington DC 20260-2444 for 
    these requirements.
    
    
    Sec. 502.9  Test plans.
    
        Each IBI system that is submitted for USPS approval should be 
    submitted in accordance with the provisions contained in the ``Metering 
    Technology Management Metering Product Submission Procedures.'' Contact 
    the Manager, MTM, USPS, 475 L'Enfant Plaza SW, Room 8430, Washington DC 
    20260-2444 for these requirements.
    
    
    Sec. 502.10  Security testing.
    
        The Postal Service reserves the right to require or conduct 
    additional examination and testing at any time, without cause, of any 
    IBI system submitted to the Postal Service for approval or previously 
    approved by the Postal Service.
    
    
    Sec. 502.11  IBI system approval.
    
        As provided in Sec. 502.14, the Provider has a duty to report 
    security weaknesses to the Postal Service to ensure that each IBI 
    system protects the Postal Service against loss of revenue at all 
    times. An approval of a system does not constitute an irrevocable 
    determination that the Postal Service is satisfied with its revenue-
    protection capabilities. After approval is granted to an IBI system, no 
    change affecting the features or safeguards may be made except as 
    authorized or ordered by the Postal Service in writing.
    
    
    Sec. 502.12  Conditions for approval.
    
        (a) The Postal Service may require at any time that approved 
    production systems of IBI products/devices, as well as the design, user 
    manuals, and specifications applicable to such IBI systems and any 
    revisions thereof, be submitted to the Manager, MTM, USPS, 475 L'Enfant 
    Plaza SW, Room 8430, Washington DC 20260-2444.
        (b) Upon request by the Postal Service, additional IBI systems must 
    be submitted to the Postal Service for testing, at the expense of the 
    Provider.
        (c) All product/device submissions should adhere to the 
    requirements contained in the ``Metering Technology Management Metering 
    Product Submission Procedures.'' Particular attention should be given 
    to the requirement to simultaneously submit an identical IBI system to 
    a laboratory accredited under the National Voluntary Laboratory 
    Accreditation Program (NVLAP) for FIPS 140-1 certification.
    
    
    Sec. 502.13  Suspension and revocation of approval.
    
        (a) The Postal Service may suspend an IBI system if the Postal 
    Service believes that an IBI system poses an unreasonable risk to 
    postal revenue.
        (b) Suspension procedures:
        (1) Upon determination by the Postal Service that an IBI system 
    poses an unreasonable risk to postal revenue, the Postal Service shall 
    issue a written notice of proposed suspension citing deficiencies for 
    which suspension may be imposed under paragraph (b)(2) of this section. 
    The Provider shall be given an opportunity to correct deficiencies and 
    achieve compliance with all requirements within a time limit
    
    [[Page 46725]]
    
    corresponding to the potential risk to postal revenue.
        (2) If the Postal Service determines that the Provider has failed 
    to correct cited deficiencies within the specified time limit, the 
    Postal Service shall issue a written notice setting forth the facts and 
    reasons for the decision to suspend and the effective date if a written 
    defense is not presented as provided in paragraph (c) of this section.
        (3) If, upon consideration of the defense as provided in paragraph 
    (d) of this section, the Postal Service deems that the suspension is 
    warranted, the suspension shall remain in effect for up to 90 days 
    unless withdrawn by the Postal Service, as provided in paragraph 
    (b)(4)(iii) of this section.
        (4) At the end of the 90-day suspension, the Postal Service may:
        (i) Extend the suspension in order to allow more time for 
    investigation or to allow the Provider to correct the problem;
        (ii) Make a determination to revoke the approval of the Provider's 
    IBI system or class and/or version, or
        (iii) Withdraw the suspension based on identification and 
    implementation of a satisfactory solution to the problem. Provider 
    suspensions may be withdrawn before the end of the 90-day period if the 
    Postal Service determines that the Provider's solution and 
    implementation are satisfactory.
        (c) The Provider may present the Postal Service with a written 
    defense to any suspension or revocation determination within 30 
    calendar days of receiving the written notice (unless a shorter period 
    is deemed necessary). The defense must include all supporting evidence 
    and specify the reasons for which the order should not be imposed.
        (d) After receipt and consideration of the written defense, the 
    Postal Service shall advise the Provider of the decision and the facts 
    and reasons for it. The decision shall be effective on receipt unless 
    it states otherwise. The decision shall also advise the Provider that 
    it may appeal that determination within 30 calendar days of receiving 
    written notice (unless a shorter period is deemed necessary), as 
    specified therein. The appeal must include all supporting evidence and 
    the reasons that the Provider believes that the decision is erroneous.
        (e) An order or final decision under this section does not preclude 
    any other criminal or civil statutory, common law, or administrative 
    remedy that is available by law to the Postal Service, the United 
    States, or any other person or concern.
    
    
    Sec. 502.14  Reporting.
    
        (a) For purposes of this section, ``Provider'' refers to authorized 
    Provider in Sec. 502.1 and its foreign or domestic affiliates, 
    subsidiaries, assigns, dealers, independent dealers, employees, and 
    parent corporations.
        (b) Each authorized Provider in Sec. 502.1 must submit a 
    preliminary report to notify the Postal Service promptly (in no event 
    more than 21 calendar days of discovery) of the following:
        (1) All findings or results of any testing known to the Provider 
    concerning the security or revenue protection features, capabilities, 
    or failings of any IBI system distributed by the Provider that has been 
    approved for distribution by the Postal Service or any foreign postal 
    administration; or have been submitted for approval by the Provider to 
    the Postal Service or a foreign postal administration.
        (2) All potential security weaknesses or methods of IBI system 
    tampering that the Provider distributes of which the Provider knows or 
    should know, and the IBI system or model subject to each method. All 
    potential security weaknesses include but are not limited to suspected 
    equipment defects, suspected abuse by an IBI licensee or Provider 
    employee, suspected security breaches of the Computerized Remote 
    Postage Meter Resetting System, cryptographic key compromises, 
    occurrences outside normal performance, or any repeatable deviation 
    from normal IBI system performance (within the same model family and/or 
    by the same licensee).
        (c) Within 45 days of the preliminary notification to the Postal 
    Service under Sec. 502.15(b), the Provider must submit a written report 
    to the Postal Service. The report must include the circumstances, 
    proposed investigative procedure, and the anticipated completion date 
    of the investigation. The Provider must also provide periodic status 
    reports to the Postal Service during subsequent investigation and, on 
    completion, must submit a summary of the investigative findings.
        (d) The Provider must establish and adhere to timely and efficient 
    procedures for internal reporting of potential security weaknesses. The 
    Provider is required to submit a copy of internal reporting procedures 
    and instructions to the Postal Service for review.
    
    
    Sec. 502.15  Administrative sanction on reporting.
    
        (a) Notwithstanding any act, admission, or omission by the Postal 
    Service, an authorized Provider may be subject to an administrative 
    sanction for failing to comply with Sec. 502.14.
        (b) The Postal Service shall determine all costs and revenue losses 
    measured from the date that the Provider knew, or should have known, of 
    a potential security weakness, including, but not limited to, 
    administrative and investigative costs and documented revenue losses 
    that result from any IBI System for which the Provider failed to comply 
    with any provision in Sec. 502.14. The Postal Service may recover from 
    the Provider any and all such costs and losses (net of any amount 
    collected by the Postal Service from the licensees or users) with 
    interest by issuing a written notice to the Provider setting forth the 
    facts and reasons on which the determination to impose the sanction is 
    based. The notice shall advise the Provider of the date that the action 
    takes effect if a written defense is not presented within 30 calendar 
    days of receipt of the notice.
        (c) The Provider may present the Postal Service with a written 
    defense to the proposed action within 30 calendar days of receipt. The 
    defense must include all supporting evidence and specify the reasons 
    for which the sanction should not be imposed.
        (d) After receipt and consideration of the defense, the Postal 
    Service shall advise the Provider of the decision and the facts and 
    reasons for it; the decision shall be effective on receipt unless it 
    states otherwise. The decision shall also advise the Provider that it 
    may, within 30 calendar days of receiving written notice, appeal that 
    determination as specified therein.
        (e) The Provider may submit a written appeal to the Postal Service 
    within 30 calendar days of receipt of the decision. The appeal must 
    include all supporting evidence and specify the reasons that the 
    Provider believes that the administrative sanction was erroneously 
    imposed. The submission of an appeal stays the effectiveness of the 
    sanction.
        (f) The imposition of an administrative sanction under this section 
    does not preclude any other criminal or civil statutory, common law, or 
    administrative remedy that is available by law to the Postal Service, 
    the United States, or any other person or concern.
    
    
    Sec. 502.16  Materials and workmanship.
    
        All IBI systems must adhere to the quality in materials and 
    workmanship of the approved prototype.
    
    
    Sec. 502.17  Destruction of product/device indicia.
    
        All IBIP indicia created in the process of testing the IBI system 
    by the Provider,
    
    [[Page 46726]]
    
    or its agent, must be collected and destroyed daily.
    
    
    Sec. 502.18  Inspection of new IBI systems.
    
        All new IBI systems must be inspected carefully prior to 
    distribution.
    
    
    Sec. 502.19  Distribution facilities.
    
        An authorized Provider must keep adequate facilities for and 
    records of the distribution, control, and maintenance of IBI systems. 
    All such facilities and records are subject to inspection by Postal 
    Service representatives.
    
    
    Sec. 502.20  Distribution controls.
    
        Each authorized Provider must do the following:
        (a) Hold title permanently to all leased systems except those 
    purchased by the Postal Service.
        (b) On behalf of applicants, electronically transmit copies of 
    completed PS Forms 3601-A, Application for a License to Lease and Use 
    Postage Meters, to the designated Postal Service central processing 
    facility.
        (c) Lease systems only to parties that have valid licenses issued 
    by the Postal Service.
        (d) Supply the host system with slogan or advertising art that 
    meets the Postal Service requirements for suitable quality and content. 
    The Provider must obtain prior approval for all advertising matter for 
    IBI systems.
        (e) Unless otherwise authorized by the Postal Service, the Provider 
    must immediately obtain and check out of service PSDs, if the licensee 
    no longer wants the PSD or if the PSD is to be removed from service for 
    any other reason. If a logical security element resides in the 
    Provider's server, it must be immediately disabled. If it resides at 
    the Licensee's site, all resetting requests must be denied. The 
    Provider must keep in its possession for at least 1 year the licensee's 
    PS Form 3601-C, Postage Meter Activity Report.
        (f) Retrieve any misregistering, faulty, or defective PSD to be 
    checked out of service within 3 business days of being notified by the 
    licensee of the defect. After examining the PSD withdrawn for apparent 
    faulty operation affecting registration, the Provider must compile a 
    report explaining the malfunction to MTM, USPS Headquarters.
        (g) Report promptly the loss or theft of any IBI system or 
    component. The Provider must provide notification to the Postal Service 
    by completing a standardized lost and stolen incident report and filing 
    it with the Postal Service within 30 days of the Provider's 
    determination of a loss, theft, or recovery. The Provider must complete 
    all preliminary location activities specified in Sec. 502.24 before 
    submitting this report to the Postal Service.
        (h) Cancel a lease agreement with any lessee whose license is 
    revoked by the Postal Service, remove the PSD within 15 calendar days, 
    and have the PSD checked out of service.
        (i) Promptly remove from service any PSD or other logical security 
    element that the Postal Service indicates should be removed from 
    service. When a license is canceled, all PSDs or other logical security 
    elements in use by the licensee must be removed from service.
        (j) Examine each IBI system withdrawn from service for failure to 
    record its operations correctly and accurately, and report to the 
    Postal Service the failure or fault that caused the failure.
        (k) Provide MTM monthly with a compatible computer file of lost or 
    stolen PSDs. The file is due on the first of each month (for the 
    preceding month's activity).
        (l) Take reasonable precautions in the transportation and storage 
    of PSDs to prevent use by unauthorized individuals. Providers must ship 
    all PSDs by Postal Service Registered Mail unless given written 
    permission by the Postal Service to use another carrier. The Provider 
    must demonstrate that the alternative delivery carrier employs security 
    procedures equivalent to those for Registered mail.
        (m) Submit a daily financial transaction for each postage value 
    download or postage refill according to established CMRS procedures.
    
    
    Sec. 502.21  Administrative sanction.
    
        The Postal Service holds Providers responsible for the life cycle, 
    control, operation, maintenance, and replacement of their products/
    devices.
        (a) For purposes of this section, an IBI system is defined as a 
    system that is manufactured by an authorized Provider under Sec. 502.1 
    that is not owned or leased by the Postal Service.
        (b) An authorized Provider that, without just cause, fails to 
    conduct or perform adequately any of the controls in Sec. 502.20, to 
    follow standardized lost and stolen incident reporting in Sec. 502.24, 
    or to conduct any of the inspections required by Sec. 502.23 in a 
    timely fashion is subject to an administrative sanction based on the 
    investigative and administrative costs and documented revenue losses 
    (net of any amount collected by the Postal Service from the licensee or 
    user). Interest per occurrence measured from the date on which the cost 
    and/or loss occurred, as determined by the Postal Service. Sanctions 
    shall be based on the costs and revenue losses that result from the 
    Provider's failure to comply with these requirements.
        (c) The Postal Service may impose an administrative sanction under 
    this section by issuing a written notice to the Provider setting forth 
    the facts and reasons on which the determination to impose the sanction 
    is based. The Postal Service shall determine all costs and losses. The 
    notice shall advise the Provider of the date that the action shall take 
    effect if a written defense is not presented within 30 calendar days of 
    receipt of the notice.
        (d) The Provider may present to the Postal Service a written 
    defense to the proposed action within 30 calendar days of receipt of 
    the notice. The defense must include all supporting evidence and 
    specify the reasons for which the sanction should not be imposed.
        (e) After receipt and consideration of the written defense, the 
    Postal Service shall advise the Provider of the decision and the facts 
    and reasons for it. The decision shall be effective on receipt unless 
    it states otherwise.
        (f) The Provider may submit a written appeal of the decision with 
    30 calendar days of receiving the decision, addressed to the Manager of 
    MTM, Postal Service Headquarters. The appeal must include all 
    supporting evidence and specify the reasons that the Provider believes 
    that the administrative sanction was erroneously imposed. The 
    submission of an appeal stays the effectiveness of the sanction.
        (g) The imposition of an administrative sanction under this section 
    does not preclude any other criminal or civil statutory, common law, or 
    administrative remedy that is available by law to the Postal Service, 
    the United States, or any other person or concern.
    
    
    Sec. 502.22  IBI system replacement.
    
        (a) The Provider must keep its IBI systems in proper operating 
    condition for licensees by replacing them when necessary or desirable 
    to prevent electronic failure, malfunction, clock/timer/battery life 
    expiration, or mechanical breakdown.
        (b) The Provider must provide the licensees with modifications 
    reflecting rate changes.
    
    
    Sec. 502.23  Inspection of PSDs or other logical security elements in 
    use.
    
        The Provider must conduct audits of PSDs or other logical security 
    elements at least once every 3 months in conjunction with the postage 
    value resetting requirements in Sec. 502.26. In general, the primary 
    role of the PSD in
    
    [[Page 46727]]
    
    the device audit function is to create device audit messages and pass 
    those messages to the host system for transmission to the Postal 
    Service.
    
    
    Sec. 502.24  PSDs not located.
    
        Upon learning that one or more of its PSDs in service cannot be 
    located, the Provider must undertake reasonable efforts to locate the 
    PSD by following a series of Postal Service-specified actions designed 
    to locate the PSDs. If these efforts are unsuccessful and a PSD is 
    determined to be lost or stolen, the Provider must notify the Postal 
    Service within 30 days by submitting a Lost and Stolen PSD Incident 
    Report.
        (a) If a licensee cannot be located, the Provider must, at a 
    minimum, complete the following actions:
        (1) Call directory assistance for the licensee's new telephone 
    number.
        (2) Contact the licensee's local post office for current change of 
    address information.
        (3) Contact the CMLS site and the local MATS coordinator to verify 
    the location of the PSD or licensee currently maintained in those 
    Postal Service records.
        (4) Contact the rental agency responsible for the property where 
    the licensee was located, if applicable.
        (5) Visit the licensee's last known address to see whether the 
    building superintendent or a neighbor knows the licensee's new address.
        (6) Mail a certified letter with return receipt to the licensee at 
    the last known address with the endorsement ``Forwarding and Address 
    Correction Requested.''
        (7) If new address information is obtained during these steps, any 
    scheduled PSD inspection must be completed promptly.
        (b) If a PSD is reported to be lost or stolen by the licensee, the 
    Provider must, at a minimum, complete the following actions:
        (1) Ensure that the licensee has filed a police report and that 
    copies have been provided to the appropriate Inspection Service 
    Contraband Postage Identification Program (CPIP) specialist.
        (2) Withhold issuance of a replacement PSD until the missing PSD 
    has been properly reported to the police and to the appropriate 
    Inspection Service CPIP specialist.
        (c) If the Provider later learns that the PSD has been located and/
    or recovered, the Provider must update lost and stolen PSD activity 
    records, inspect the PSD promptly, initiate a postage adjustment or 
    transfer, if appropriate, and check the PSD out of service if a 
    replacement PSD has been supplied to the licensee.
        (d) If a PSD reported to the Postal Service as lost or stolen is 
    later located, the Provider is responsible for submitting a new Lost 
    and Stolen PSD Incident Report that references the initial report and 
    outlines the details of how the PSD was recovered. This report must be 
    submitted to the Postal Service within 30 days of recovery of the PSD. 
    The Provider is also responsible for purging lost and stolen PSD 
    reports that are provided on a periodic basis to the Postal Service for 
    those PSDs that have been recovered.
        (e) Any authorized Provider that fails to comply with standardized 
    lost and stolen reporting procedures and instructions is subject to an 
    administrative sanction under Sec. 502.21, as determined by the Postal 
    Service.
    
    
    Sec. 502.25  Computerized remote resetting.
    
        (a) Description. The Computerized Remote Meter Resetting System 
    (CMRS) permits postal licensees to reset PSDs or other logical security 
    elements at their places of business and/or homes via modem and/or 
    network interface. To reset a PSD, the licensee must connect to the 
    Provider and provide identifying data and device audit data. Before 
    proceeding with the setting transaction, the Provider must verify all 
    the data (including conducting the product audit) and ascertain from 
    its own files whether the licensee has sufficient funds on deposit with 
    the Postal Service. If the funds are available and the product audit 
    was successful, the Provider may complete the setting transaction.
        (b) Revenue protection. The Postal Service shall conduct periodic 
    assessments of the revenue protection safeguards of each Provider 
    system and shall reserve the right to revoke a Provider's authorization 
    if the CMRS system does not meet all requirements set forth by the 
    Postal Service. The Provider must make its facilities that handle the 
    operation of the computerized resetting system and all records about 
    the operation of the system available for inspection by representatives 
    of the Postal Service at all reasonable times.
        (c) Deposits with the Postal Service. (1) A CMRS licensee is 
    required to have funds available on deposit with the Postal Service 
    before resetting a PSD or the Provider may opt to provide a funds 
    advance in accordance with The Cash Management Operating Specifications 
    for the Computerized Remote Postage Meter Resetting System. Contact the 
    Treasurer's Office of the United States Postal Service, 475 L'Enfant 
    Plaza SW, Washington DC 20260-5130 for this document. The details of 
    this deposit requirement are covered within the Acknowledgment of 
    Deposit Requirement document. By signing this document, the licensee 
    agrees to transfer funds to the Postal Service through a lockbox bank, 
    as specified by the Provider, for the purpose of prepayment of postage. 
    The Provider representative must provide all new CMRS licensees with 
    this document when a new account is established. The document must be 
    completed and signed by the licensee and sent to the Minneapolis 
    Accounting Service Center by the Provider.
        (2) The licensee is required to incorporate the following language 
    into its IBI rental agreements:
    
    Acknowledgement of Deposit Requirement
    
        See the Cash Management Operating Specifications for the 
    Computerized Remote Postage Meter Resetting System. Contact the 
    Treasurer's Office of the United States Postal Service, 475 L'Enfant 
    Plaza SW, Washington DC 20260-5130 for this document.
    
    
    Sec. 502.26  Indicia quality assurance.
    
        The licensee is required to forward a mailpiece to the Provider at 
    least once every 6 months for evaluation. If the licensee fails to 
    comply with this requirement, the Provider must notify the licensee 
    that, all future postage value resettings will be denied. The Provider 
    must notify the Postal Service of all noncomplying licensees, so that 
    license revocations can be initiated. The Provider is required to 
    provide guidance to the licensee to correct any deficiencies that are 
    discovered.
    
    
    Sec. 502.27  IBI system refunds.
    
        Postage losses due to malfunctions are the responsibility of the 
    Provider. The Postal Service will provide refunds for unused postage, 
    for any balance remaining on a PSD or other logical security element, 
    and for any balance remaining in the licensee's CMRS account. The 
    following procedures must be followed, depending on the type of refund 
    requested:
        (a) Unused Postage
        (1) Postage refunds will be granted only for pieces that are 30 
    days old or less. The licensee will complete a PS Form 3533, 
    Application and Voucher for Refund of Postage and Fees. This form may 
    be supplied electronically to the licensee by the Provider. The 
    licensee must supply refund details in Part IV of the form which shows 
    the number of pieces grouped by postage value, the total postage value 
    for each group, and the total postage for all listed groups.
        (2) The unused mailpieces and the completed Form 3533 will be sent 
    to the Provider for indicia verification and refund processing.
    
    [[Page 46728]]
    
        (3) The Provider will scan the indicia to ensure that they are 
    valid. Part IV of the Form 3533 must be annotated to show corrections 
    for nonqualifying pieces.
        (4) An individual authorized by the Provider must certify the 
    amount of the refund by signing Part IV below where the details of the 
    mailpieces are shown.
        (5) The Provider will send the Form 3533 to the MATS coordinator at 
    the appropriate Postal Service District office for further refund 
    processing.
        (6) The District MATS coordinator will arrange for the amount of 
    refunded postage to be credited to the licensee's CMRS account.
        (7) The unused envelopes must be retained by the Provider for 45 
    days after the Form 3533 has been sent to the District. During this 
    period the Postal Service reserves the right to audit the pieces and 
    the Providers processing of the refund request.
    (b) PSD or Other Logical Security Element Balance
        (1) The Provider must verify the remaining balance in a returned 
    PSD or other logical security element. This balance must be reconciled 
    with the descending balance as noted by the Provider when the licensee 
    notified the Provider that the PSD or other logical security element 
    was to be taken out of service.
        (2) The validated refund amount must be noted in section F of the 
    completed Form 3601-C and the Providers representative must sign 
    Section G.
        (3) The completed Form 3601-C will be sent to the appropriate 
    District MATS coordinator.
        (4) The District MATS coordinator will arrange for the amount of 
    refunded postage to be credited to the licensee's CMRS account.
    (c) CMRS Account
        (1) The licensee must notify the Provider in writing that the 
    licensee's CMRS account is to be closed.
        (2) The Provider will notify the Minneapolis Accounting Service 
    Center of the closing of the account, according to CMRS procedures as 
    administered by USPS Treasury Management.
        (3) The Minneapolis Accounting Service Center will notify the 
    lockbox bank to issue a refund check to the licensee.
    
    
    Sec. 502.28  Key management requirements.
    
        These requirements are contained in Part D, Key Management Plan, of 
    the PCIBISAIBIPMS. Contact the Manager, MTM, USPS, 475 L'Enfant Plaza 
    SW, Room 8430, Washington, DC 20260-2444 for these requirements.
    
    
    Sec. 502.29  Provider infrastructure.
    
        The Provider must establish and maintain an interface to USPS 
    systems as specified in CMRS and CMLS documentation. CMRS documentation 
    may be obtained from Corporate Treasury, USPS HQ, 475 L'Enfant Plaza 
    SW, Room 8118, Washington, DC 20260-5130. CMLS documentation may be 
    obtain from the Manager, MTM, USPS, 475 L'Enfant Plaza SW, Room 8430, 
    Washington, DC 20260-2444.
    Neva R. Watson,
    Acting Chief Counsel, Legislative.
    [FR Doc. 98-23559 Filed 8-28-98; 3:59 pm]
    BILLING CODE 7710-12-P
    
    
    

Document Information

Published:
09/02/1998
Department:
Postal Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-23559
Dates:
Comments must be received on or before November 2, 1998.
Pages:
46719-46728 (10 pages)
PDF File:
98-23559.pdf
CFR: (29)
39 CFR 502.1
39 CFR 502.2
39 CFR 502.3
39 CFR 502.4
39 CFR 502.5
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