[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29601]
[[Page Unknown]]
[Federal Register: December 5, 1994]
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POSTAL SERVICE
39 CFR Part 265
Release of Information
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: This final rule amends the Postal Service regulation which
governs the disclosure to the public of information contained in Postal
Service Form 1583, ``Application for Delivery of Mail Through Agent.''
The amendment authorizes the disclosure of information from Form 1583
for the purpose of identifying addresses as Commercial Mail Receiving
Agencies.
EFFECTIVE DATE: January 4, 1995.
FOR FURTHER INFORMATION CONTACT: Mitchell J. Benowitz, Ethics and
Information Law, (202) 268-2967.
SUPPLEMENTARY INFORMATION: The rule is substantially the same as the
interim rule with request for comments published on May 3, 1994.
Commercial Mail Receiving Agencies (CMRAs) are private entities which
receive mail on behalf of other persons. An address provided by a CMRA
often appears to be a typical residential or business address. Both
CMRAs and their customers are required to sign Postal Service Form
1583, ``Application for Delivery of Mail Through Agent,'' a copy of
which is filed with the postmaster responsible for the delivery
address. The Postal Service has prohibited the disclosure to the public
of any information contained on Form 1583.
As amended, 39 CFR 265.6(d)(8) authorizes disclosure of information
from Form 1583 for the sole purpose of identifying an address as
belonging to a Commercial Mail Receiving Agency (CMRA). The regulation
does not authorize the disclosure of any other information concerning
CMRAs or their customers. Because the regulation does not authorize the
disclosure of the identities of CMRA customers, disclosures under the
regulation will not invade the legitimate privacy interests of persons
who receive mail through CMRAs. The information will be disclosed
primarily by means of annotations to the Postal Service's Delivery
Sequence File (DSF). DSF data, the use of which is made available to
the public through authorized licensees, contains delivery-point
addresses, and it does not include the identities of individuals.
Although disclosures will be made primarily by means of DSF
annotations, the regulation permits disclosures by other means.
Regardless of the means of disclosure, all disclosures are limited in
scope to the identification of an address as a CMRA address.
Copies of Form 1583 on file with the Postal Service are records
protected by the Privacy Act of 1974, 5 U.S.C. 552a, and they are
maintained in the Postal Service's Privacy Act system of records USPS
010.050, Collection and Delivery Records--Delivery of Mail Through
Agents. The Postal Service has added a routine use to system of records
USPS 010.050 which authorizes the disclosure of the information that
may be released pursuant to this rule. See 59 FR 22874 (May 3, 1994).
Analysis of Comments Received
Two written comments were received. One commenter expressed support
for the interim rule. The other commenter expressed concern that the
interim rule did not define the information which may be disclosed with
sufficient specificity, and also recommended that the rule be amended
to authorize only disclosures by means of DSF annotations. An editorial
change to the interim rule has been made in response to these comments.
In response to the commenter's concern that the information which
may be disclosed was not defined with sufficient specificity, the
interim rule has been modified to emphasize that the only information
which may be disclosed from PS Form 1583 is the fact that an address is
a CMRA address. This modification does not alter the substance of the
interim rule, which was never intended to authorize the disclosure of
any other information.
For the following reasons, the Postal Service has decided not to
adopt the commenter's recommendation that disclosures be limited to DSF
annotations. First, we think that a rule which limits the means, rather
than the scope, of disclosure would not significantly add to the
protection of legitimate privacy interests. Once the information has
been disclosed through a DSF licensee, the Postal Service cannot
prohibit or restrict the further disclosure of the information. A rule
limiting disclosures to those made through the DSF might create the
appearance that the information will be available only to persons who
receive DSF data when, in fact, the information may be further
disseminated by those who receive it.
Second, as we explained in the introductory comments to the interim
rule, we have concluded that the identification of CMRA addresses will
be an effective tool in combatting credit card fraud and other types of
consumer fraud. Limiting disclosures to DSF annotations might impair
the effectiveness of this tool by making the information more difficult
to obtain for persons, including law enforcement personnel, who may not
have ready access to DSF data. Therefore, we are adopting a rule that
permits disclosure by means other than the DSF.
List of Subjects in 39 CFR Part 265
Disclosure of Information, Postal Service.
For the reasons set forth in this document, the Postal Service is
amending 39 CFR Part 265 as follows:
PART 265--RELEASE OF INFORMATION
1. The authority citation for 39 CFR part 265 continues to read as
follows:
Authority: 39 U.S.C. 401; 5 U.S.C. 552; Inspector General Act of
1978, as amended (Pub. L. 95-452, as amended), 5 U.S.C. App. 3.
2. Paragraph (d)(8) of Sec. 265.6 is revised to read as follows:
Sec. 265.6 Availability of Records.
* * * * *
(d) * * *
(8) Form 1583, Application for Delivery of Mail Through Agent.
Except as provided by this paragraph, information contained in Form
1583 may not be disclosed to the public. Information contained in Form
1583 may be disclosed to the public only for the purpose of identifying
a particular address as an address of an agent to whom mail is
delivered on behalf of other persons. No other information, including,
but not limited to, the identities of persons on whose behalf agents
receive mail, may be disclosed from Form 1583.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-29601 Filed 12-2-94; 8:45 am]
BILLING CODE 7710-12-P