Federal Register, Volume 75 Issue 83 (Friday, April 30, 2010)

[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22725-22727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10028]


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POSTAL SERVICE

39 CFR Part 111


Express Mail Next Day Delivery Postage Refund Amendment

AGENCY: Postal Service^TM.

ACTION: Proposed rule.

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SUMMARY: The Postal Service is proposing to revise the Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM[supreg]) 114.2, 414.3, and 604.9, to state the conditions for 
Express Mail[supreg] Next Day Delivery postage refunds when shipments 
are mailed each year during the time period of December 22 through 
December 25.

DATES: We must receive your comments on or before June 1, 2010.

ADDRESSES: Mail or deliver written comments to the Manager, Mailing 
Standards, U.S. Postal Service, 475 L'Enfant Plaza, SW., Room 3436, 
Washington, DC 20260-3436. You may inspect and photocopy all written 
comments at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza, SW., 
11th Floor N, Washington, DC, between 9 a.m. and 4 p.m., Monday through 
Friday. E-mail comments concerning the proposed rule, containing the 
name and address of the commenter, may be sent to: 
[email protected], with a subject line of ``Express Mail 
Refunds.'' Faxed comments are not accepted.

FOR FURTHER INFORMATION CONTACT: Karen Key (202) 268-7492 or Carol A. 
Lunkins (202) 268-7262.

SUPPLEMENTARY INFORMATION: During the time period of December 22 
through December 25, air transportation is subject to delay or 
cancellation.

Express Mail Next Day Delivery

    Postage refunds will not be available for items mailed from 
December 22 through December 25 for Express Mail Next Day Delivery when 
those items are made available for pickup at the destination office, 
attempted for delivery, or delivered within two

[[Page 22726]]

business days. This proposed revision is consistent with industry 
standards.
    However, Express Mail Next Day Delivery postage refunds will be 
authorized when items are not available for customer pickup at the 
destination office, or delivery to the addressee was not attempted 
within two business days. These refunds are subject to the standards 
for this service, unless the delay was caused by one of the situations 
in DMM 114.2.1, Postage Not Refunded, or DMM 414.3.0, Postage Refunds. 
Next Day Delivery may not be available at all times of deposit or 
between all Post Office^TM facilities.

Express Mail Second Day Delivery

    During the time period of December 22 through December 25, postage 
refunds for Express Mail Second Day Delivery shipments will be 
available for items not available for customer pickup at the 
destination office, or for which delivery to the addressee was not 
attempted on the second business day. These refunds are subject to the 
standards for this service, unless the delay was caused by one of the 
situations in DMM 114.2.1, Postage Not Refunded, or DMM 414.3.0, 
Postage Refunds.
    Although we are exempt from the notice and comment requirements of 
the Administrative Procedure Act [5 U.S.C of 553 (b), (c)] regarding 
proposed rulemaking by 39 U.S.C. 410(a), we invite public comments on 
the following proposed revisions to Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM), incorporated by 
reference in the Code of Federal Regulations. See 39 CFR Part 111.1.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    Accordingly, 39 CFR Part 111 is proposed to be amended as follows:

PART 111--[AMENDED]

    1. The authority citation for 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)

* * * * *

100 Retail Letters, Cards, Flats, and Parcels

* * * * *

110 Express Mail

* * * * *

114 Postage Payment Methods

* * * * *

2.0 Postage Refunds

[Delete the heading of 2.1 in its entirety and incorporate the 
introductory paragraph and remaining text into 2.0 as follows:]

    Postage refunds may not be available if delivery was attempted 
within the times required for the specific service, or for any of the 
following reasons:

[Revise items a, b, and c of former 2.1, and add new items d through h 
as follows:]

    a. The item was properly detained for law enforcement purposes.
    b. The item was delayed due to strike or work stoppage.
    c. The item was delayed because of an incorrect ZIP Code or 
address; forwarding or return service was provided after the item was 
made available for claim.
    d. The shipment is available for delivery, but the addressee made a 
written request (i.e. Hold Mail request), that the shipment be held for 
a specific day(s).
    e. The delivery employee discovers that the shipment is 
undeliverable as addressed before leaving on the delivery route.
    f. If authorized by USPS Headquarters, and the delay was caused by 
governmental action beyond the control of USPS or air carriers; war, 
insurrection, or civil disturbance; delay or cancellation of flights; 
projected or scheduled transportation delays; breakdown of a 
substantial portion of USPS transportation network resulting from 
events or factors outside the control of USPS; or acts of God.
    g. The shipment contained live animals and was delivered or 
delivery was attempted within three days of the date of mailing.
    h. The Express Mail Next Day shipment was mailed December 22 
through December 25 and was delivered or delivery was attempted within 
two business days of the date of mailing.
* * * * *

400 Commercial Parcels

* * * * *

410 Express Mail

* * * * *

414 Postage Payment and Documentation

* * * * *

3.0 Postage Refunds

    Postage refunds may not be available if delivery was attempted 
within the times required for the specific service, or for any of the 
following reasons:

[Revise items a, b, c of 3.0, and add new items ``d through h'' as 
follows:]

    a. The item was properly detained for law enforcement purposes.
    b. The item was delayed due to strike or work stoppage.
    c. The item was delayed because of an incorrect ZIP Code or 
address; forwarding or return service was provided after the item was 
made available for claim.
    d. The shipment is available for delivery, but the addressee made a 
written request (i.e. Hold Mail request), that the shipment be held for 
a specific day(s).
    e. The delivery employee discovers that the shipment is 
undeliverable as addressed before leaving on the delivery route.
    f. If authorized by USPS Headquarters, and the delay was caused by 
governmental action beyond the control of USPS or air carriers; war, 
insurrection, or civil disturbance; delay or cancellation of flights; 
projected or scheduled transportation delays; breakdown of a 
substantial portion of USPS transportation network resulting from 
events or factors outside the control of USPS; or acts of God.
    g. The shipment contained live animals and was delivered or 
delivery was attempted within three days of the date of mailing.
    h. The Express Mail Next Day shipment was mailed December 22 
through December 25 and was delivered or delivery was attempted within 
two business days of the date of mailing.
* * * * *

600 Basic Standards for All Mailing Services

* * * * *

604 Postage Payment Methods

* * * * *

9.0 Refunds and Exchanges

* * * * *

9.5 Express Mail Postage Refund

* * * * *

[[Page 22727]]

9.5.2 Conditions for Refund

[Revise the introductory paragraph of 9.5.2 as follows:]

    A refund request must be made within 90 days after the date of 
mailing. Except as provided in 114.2.1 and 414.3.1, a mailer may file 
for a postage refund only under one of the following circumstances:
* * * * *

9.5.3 Refunds Not Given

[Revise 9.5.3 as follows:]

    A postage refund will not be given if the guaranteed service was 
not provided due to any of the circumstances in 114.2.1 and 414.3.1.
* * * * *
    We will publish an appropriate amendment to 39 CFR 111 if our 
proposal is adopted.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-10028 Filed 4-29-10; 8:45 am]
BILLING CODE 7710-12-P