Proposed Rule2023-25628
Authorization To Manufacture and Distribute Postage Evidencing Systems
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2023
Issuing agencies
Postal Service
Abstract
The Postal Service is amending its Postage Evidencing Systems regulations to ensure compliance for Automated Clearinghouse or ACH payment transactions and to clarify obligations related to all payments. These changes require the applicable resetting company (RC) and PC Postage provider to comply with the latest NACHA rules published by the North American Clearing House Association for ACH transactions. These responsibilities include providing a written statement signed by an executive officer of the company attesting to that compliance at least annually. These changes also require the applicable RC and PC Postage provider to obtain and store an agreement with each customer utilizing ACH debit as a payment method. Failure to comply may result in revocation of access to applicable Postal Service ACH programs.
Full Text
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<title>Federal Register, Volume 88 Issue 222 (Monday, November 20, 2023)</title>
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[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Proposed Rules]
[Pages 80653-80655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25628]
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POSTAL SERVICE
39 CFR Part 501
Authorization To Manufacture and Distribute Postage Evidencing
Systems
AGENCY: Postal Service<SUP>TM</SUP>.
ACTION: Proposed rule.
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SUMMARY: The Postal Service is amending its Postage Evidencing Systems
regulations to ensure compliance for Automated Clearinghouse or ACH
payment transactions and to clarify obligations related to all
payments. These changes require the applicable resetting company (RC)
and PC Postage provider to comply with the latest NACHA rules published
by the North American Clearing House Association for ACH transactions.
These responsibilities include providing a written statement signed by
an executive officer of the
[[Page 80654]]
company attesting to that compliance at least annually. These changes
also require the applicable RC and PC Postage provider to obtain and
store an agreement with each customer utilizing ACH debit as a payment
method. Failure to comply may result in revocation of access to
applicable Postal Service ACH programs.
DATES: Comments must be received on or before December 20, 2023.
ADDRESSES: Mail or deliver comments to the Banking Manager, United
States Postal Service, 475 L'Enfant Plaza SW, RM. 8134, Washington, DC
20260. You may inspect and photocopy all written comments at
USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th Floor N,
Washington, DC by appointment only between the hours of 9 a.m. and 4
p.m., Monday through Friday by calling 1-202-268-2906 in advance. Email
comments, containing the name and address of the commenter, to:
<a href="/cdn-cgi/l/email-protection#adfdeeebc8c9c8dfccc1ffc8cac4ded9c8dfedd8deddde83cac2db"><span class="__cf_email__" data-cfemail="49190a0f2c2d2c3b28251b2c2e203a3d2c3b093c3a393a672e263f">[email protected]</span></a>, with a subject line of ``[Date],
Authorization to Manufacture and Distribute Postage Evidencing
Systems.'' Faxed comments are not accepted. All submitted comments and
attachments are part of the public record and subject to disclosure. Do
not enclose any material in your comments that you consider to be
confidential or inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT: Douglas Graham, Banking Manager,
United States Postal Service, 475 L'Enfant Plaza SW, RM. 8134,
Washington, DC 20260, (202) 268-2188.
SUPPLEMENTARY INFORMATION: In accordance with 39 U.S.C. 416(e)(2), the
Postal Service invites public comment on the following proposed
amendments to the Code of Federal Regulations.
List of Subjects in 39 CFR Part 501
Administrative practice and procedure, Postal Service.
PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE
EVIDENCING SYSTEMS
0
1. The authority citation for part 501 continues to read as follows:
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.
0
2. Amend Sec. 501.15 by revising paragraph (g) to read as follows:
Sec. 501.15 Computerized Meter Resetting System.
* * * * *
(g) The RC must reimburse the Postal Service for returned payments
promptly, comply with NACHA rules, and maintain customer ACH debit
agreements.
(1) Financial responsibility for returned payments. The RC is
required to reimburse the Postal Service upon request for any returned
payments. The RC must, upon first becoming aware of a returned payment,
immediately lock the customer's CMRS account to prevent a meter reset
until the RC receives confirmation of payment for the returned payment.
If a fee, penalty or fine is assessed against the Postal Service for
returned payments from an RC's customer, the Postal Service may request
reimbursement for such fee, penalty or fine from the RC. The RC is
required to remit the amount of the returned payment to the Postal
Service plus the reimbursement request, to the extent applicable,
within ten (10) banking days. Invoices will be created monthly for
returns and/or applicable penalties or fines incurred for the previous
month. The ten (10) banking days will start once the invoice is mailed.
The RC has discretion to decide whether to charge its customer for any
such reimbursement costs (of fees, penalties, or fines) the RC pays to
the Postal Service in connection with the customer's returned payment.
(2) Responsibility to comply with NACHA rules. The RC is required
to comply with the latest NACHA rules published by the North American
Clearing House Association. Each RC must provide a written statement
signed by an executive officer of the company attesting to that
compliance at least annually. If the RC cannot provide that written
statement attesting to compliance due to identified areas of non-
compliance, the RC must provide to the USPS within 30 days a written
plan describing its prioritized approach, including milestone dates,
toward achieving compliance within a mutually agreed period. USPS will
provide specific written guidance separately if requested. Failure to
comply may result in revocation of access to applicable USPS ACH
programs.
(3) Responsibility to maintain customer ACH agreements. The RC must
obtain and store an agreement with each and every customer utilizing
ACH debit as a payment method. The customer agreement must authorize
the RC to debit the designated bank account identified to pay for
postage through the USPS account of its choice. The agreement must have
at least the following elements: Company Name (if applicable), Name and
Title and Address of the person entering into the agreement, Contact
Information (Phone Number, Fax Number and eMail Address as applicable),
Date and Signature (or appropriate electronic signature evidence) of
Agreement, Customer's Bank Name and Address, Bank Routing Number,
Account Number and Account Type (Checking or Savings, Business or
Personal) being agreed to transact upon, an Attestation that the person
submitting the form is authorized to act on behalf of the account, and
Termination Date and Signature (or appropriate electronic signature
evidence) of the Agreement (if applicable). The agreement must be
stored for at least two years after termination of the agreement, must
be easily reproducible, and must be provided electronically to the
Postal Service within three business days of electronic written request
by the Postal Service in a format that can be easily and readily used
for all NACHA and ACH related purposes including, without limitation,
audit and defense of claims. USPS will provide specific written
guidance separately if requested. Failure to comply may result in
revocation of access to applicable Postal Service ACH programs.
* * * * *
0
3. Amend Sec. 501.16 by revising paragraph (d) to read as follows:
Sec. 501.16 PC postage payment methodology.
* * * * *
(d) The provider must reimburse the Postal Service for returned
payments promptly, comply with NACHA rules, and maintain customer ACH
agreements.
(1) Financial responsibility for returned payments. The provider
must reimburse the Postal Service upon request for any returned
payments. The provider must, upon first becoming aware of a returned
payment, immediately lock the customer account to prevent resetting the
account until the provider receives confirmation of payment for the
returned payment. If a fee, penalty or fine is assessed against the
Postal Service for returned payments from a provider's customer, the
Postal Service may request reimbursement for such fee, penalty or fine
from the provider. The provider is required to remit the amount of the
returned payment plus the amount of the reimbursement request, to the
extent applicable, to the Postal Service within ten (10) banking days.
Invoices will be created monthly for returns and/or applicable
penalties or fines incurred for the previous month. The ten (10)
banking days will start once the invoice is mailed. The provider has
discretion to decide whether to charge its customer for any such
reimbursement costs (of
[[Page 80655]]
fees, penalties or fines) the provider pays to the Postal Service in
connection with the customer's returned payment.
(2) Responsibility to comply with NACHA rules. The provider is
required to comply with the latest NACHA rules published by the North
American Clearing House Association. Each provider must provide a
written statement signed by an executive officer of the company
attesting to that compliance at least annually. If the provider cannot
provide that written statement attesting to compliance due to
identified areas of non-compliance, the PC provider must provide to the
Postal Service within 30 days a written plan describing its prioritized
approach, including milestone dates, toward achieving compliance within
a mutually agreed period. The Postal Service will provide specific
written guidance separately if requested. Failure to comply may result
in revocation of access to applicable Postal Service ACH programs.
(3) Responsibility to maintain customer ACH agreements. The
provider must obtain and store an agreement with each and every
customer utilizing ACH debit as a payment method. The customer
agreement must authorize the provider to debit the designated bank
account identified to pay for postage through the Postal Service
account of its choice. The agreement must have at least the following
elements: Company Name (if applicable), Name and Title and Address of
the person entering into the agreement, Contact Information (Phone
Number, Fax Number and eMail Address as applicable), Date and Signature
(or appropriate electronic signature evidence) of Agreement, Customer's
Bank Name and Address, Bank Routing Number, Account Number and Account
Type (Checking or Savings, Business or Personal) being agreed to
transact upon, an Attestation that the person submitting the form is
authorized to act on behalf of the account, and Termination Date and
Signature (or appropriate electronic signature evidence) of the
Agreement (if applicable). The agreement must be stored for at least
two years after termination of the agreement, must be easily
reproducible, and must be provided electronically to the Postal Service
within three business days of electronic written request by the Postal
Service in a format that can be easily and readily used for all NACHA
and ACH related purposes including, without limitation, audit and
defense of claims. The Postal Service will provide specific written
guidance separately if requested. Failure to comply may result in
revocation of access to applicable Postal Service ACH programs.
(4) Credit cards. Unless otherwise established in a written
agreement between the Postal Service and the provider, the provider is
fully responsible for its own credit card compliance.
* * * * *
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2023-25628 Filed 11-17-23; 8:45 am]
BILLING CODE 7710-12-P
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