[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Proposed Rules]
[Pages 45366-45368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22694]
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POSTAL SERVICE
39 CFR Part 111
Delivery of Mail to a Commercial Mail Receiving Agency
AGENCY: Postal Service.
ACTION: Notice of proposed rule with request for comments.
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SUMMARY: The purpose of this proposal is to amend section D042.2.5
through D042.2.7 of the Domestic Mail Manual to update and clarify
procedures for delivery of an addressee's mail to a Commercial Mail
Receiving Agency (CMRA). The proposal provides procedures for
registration to act as a CMRA; an addressee to request mail delivery to
a CMRA; and in delivery of the mail to a CMRA.
DATES: Comments must be received on or before September 26, 1997.
ADDRESSES: Written comments should be mailed to Manager, Delivery,
Operations Support, U.S. Postal Service, 475 L 'Enfant Plaza SW Room
7142, Washington, DC 20260-2802. Copies of all written comments will be
available for inspection and photocopying between 9:00 a.m. and 4:00
p.m., Monday through Friday, at the above address.
FOR FURTHER INFORMATION CONTACT: Roy E. Gamble, (202) 268-3197.
SUPPLEMENTARY INFORMATION: An appropriate amendment to 39 CFR 111.3 to
reflect these changes will be published if the proposal is adopted. The
proposal to amend sections D042.2.5 through D042.2.7 of the Domestic
Mail Manual is in response to a need to clarify and revise current
rules to safeguard the mails. Recent audits indicate that many CMRAs
are not in full compliance with current requirements to properly
safeguard the mails.
Security of the mails is the issue most important to all customers.
Audits and follow-up reviews indicate a need for easy-to-understand
rules that receive consistent interpretation to satisfy the different
needs and requirements of both the sender and the addressee customer.
In some instances, it appears that CMRAs are not aware of or do not
fully understand, the current rules. Accordingly, this proposal seeks
to clarify and update and adds some new requirements to existing rules.
In many instances, these requirements are similar to those for
obtaining post office box service.
The proposed requirements are sensitive to the addressee customer's
needs and protective of the sender customer's requirement for a secure
mail stream. The proposed rules will require Postal Service employees
to monitor and enforce compliance. The requirements also emphasize to
CMRAs the need for mail security and the consequences of noncompliance.
Summary of proposed changes. Section D042.2.5 confirms the
addressee's right to request delivery to a CMRA and provides procedures
for a person to establish a commercial mail receiving agency.
Section D042.2.5(b) requires CMRAs to complete and submit Form
1583-A to the postmaster (or designee) to register as a CMRA. The Form
1583-A is a new form that provides a standard vehicle for registration.
It also requires the CMRA owner or manager to furnish valid
identification to register.
Section D042.2.5(c) requires the postmaster to verify the identity
and witness the signature of the CMRA owner or manager. The CMRA owner
or manager must also sign the form acknowledging receipt of DMM
regulations relevant to the operation of a CMRA.
Section D042.2.5(d) confirms the current policy that CMRAs may not
accept accountable mail from their customers for mailing.
Proposed section D042.2.6 clarifies procedures for addressees to
request delivery to a CMRA and requirements for delivery of mail to a
CMRA, consistent with current rules.
Section D042.2.6(a) requires the addressee and the CMRA to complete
Form 1583, and clarifies the type of identification that the addressee
must present and the CMRA's responsibility to witness the addressee's
signature. This section also requires the CMRA to verify the identity
of the addressee and to write the CMRA actual delivery address
designation assigned to the addressee in block 3 on Form 1583. This
proposal prevents mail delivery to a CMRA without verifiable consent of
the actual addressee and reflects current practices to confirm that
identification belongs to the person presenting it.
[[Page 45367]]
Section D042.2.6(b) is a new provision that requires addressees to
disclose when the private mailbox is being used for the purpose of
doing or soliciting business to the public. In this instance,
information required to complete Form 1583 may be available to the
public under Privacy Act provisions.
Section D042.2.6(c) clarifies the CMRA's responsibility to provide
the original Form 1583 to the Postal Service and to maintain a
duplicate copy at the CMRA business location.
Proposed D042.2.6(d) provides procedures for when an addressee
terminates his or her relationship with the CMRA. As with current
rules, the CMRA must write the termination date on its copy of Form
1583. However, unlike the current rule, the proposed rule requires that
the CMRA retain the form for 12 months. The CMRA does not provide
immediate notice of the termination to the Postal Service; instead, the
CMRA submits quarterly updates of the CMRA's customer list to the
Postal Service. This replaces the annual submission of such lists as
required by the current DMM D042.2.7(d).
Proposed section D042.2.6(e) provides that the CMRA delivery
address designation for customer's mail must contain specific address
elements identifying it as the location to which a mailpiece is
delivered. This proposal is consistent with the current policy of
general addressing standards as required by A010.1.1 and A010.1.2,
Address Content and Placement.
Proposed D042.2.6(f) confirms the current policy that postal forms
are not valid if altered or modified.
Proposed sections D042.2.6 (g) and (h) confirm the current policy
that subjects the CMRA to suspension of delivery if the CMRA is not in
full compliance with requirements for operating a CMRA.
Proposed sections D042.2.7 clarifies the handling of mail by CMRAs,
particularly mail addressed to former customers.
Sections D042.2.7 (a) and (b) reiterate current policy that the
addressee and CMRA may not file change-of-address orders when the
relationship terminates and that mail re-mailed by the CMRA must have
new postage affixed.
Section D042.2.7(c) changes the time interval from annual to
quarterly for CMRAs to submit to the Postal Service an alphabetical
list of all its customers including those terminated within the last 12
months.
Proposed section D042.2.7(d) clarifies regulations for refusal of
mail. The CMRA must accept and if necessary re-mail (with new postage)
mail addressed to current customers and customers who have terminated
their relationship with the CMRA within the last 12 months. If mail is
received more than 12 months after the customer relationship with the
CMRA terminates, the CMRA may return the mail to the Postal Service,
endorsed as required by section D042.2.7(e).
Section D042.2.7(e) confirms the obligation of the CMRA to return
to the Postal Service mail for any addressee for whom the CMRA does not
have a valid Form 1583. It also requires the CMRA to endorse this mail
as specified and return it to the Postal Service the next business day
after receipt. The section also confirms the obligation of the CMRA to
return misdelivered mail to the Postal Service.
Section D042.2.7(f) specifies that the CMRA must not deposit any
return mail into a collection box. The CMRA must return this mail to
the post office or give it to the letter carrier responsible for
delivery to the CMRA.
Although exempt from the notice and comment requirements of the
Administrative Procedures Act (5 U.S.C. of 553 (b), (c)) regarding
proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites
public comment on the following proposed revisions to the Domestic Mail
Manual, incorporated by reference in the Code of Federal Regulations.
See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Postal Service.
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, 3201-3219, 3403-3406, 3621, 5001.
2. Section D042.2.0 of the Domestic Mail Manual is amended by
revising subsections D042.2.5, D042.2.6, and D042.2.7 to read as
follows:
Part D042--Conditions of Delivery
* * * * *
2.0 DELIVERY TO ANOTHER
* * * * *
2.5 CMRA
a. An addressee may request mail delivery to a commercial mail
receiving agency (CMRA). The CMRA accepts delivery of the mail and
holds it for pickup or re-mails it to the addressee, prepaid with new
postage.
b. Each CMRA must register with the post office responsible for
delivery to the CMRA. Any person who establishes, owns or manages a
CMRA must provide a Form 1583-A, Application to Act as Commercial Mail
Receiving Agency, to the postmaster (or designee) responsible for the
delivery address. The CMRA owner or manager must complete all entries
and sign the Form 1583-A. The CMRA owner or manager must furnish two
items of valid identification; one item must contain a photograph of
the CMRA owner or manager. The following are examples of acceptable
identification:
(1) Valid driver's license.
(2) Armed forces, government, or recognized corporate
identification card.
(3) Passport or alien registration card.
(4) Other credential showing the applicant's signature and a serial
number or similar information that is traceable to the bearer.
The postmaster (or designee) may retain a photocopy of the
identification for verification purposes. Furnishing false information
on the application or refusing to give required information will be
reason for denying the application. When any information required on
Form 1583-A changes or becomes obsolete, the CMRA owner or manager must
file a revised application with the postmaster.
c. The postmaster (or designee) must verify the documentation to
confirm that the CMRA owner or manager resides at the permanent home
address shown on the Form 1583-A; witness the signature of the CMRA
owner or manager; and sign the Form 1583-A. The postmaster must provide
the CMRA with a copy of the DMM regulations relevant to the operation
of a CMRA. The CMRA owner or manager must sign the Form 1583-A
acknowledging receipt of the regulations. The postmaster must file the
original of the completed Form 1583-A at the post office and provide
the CMRA with a duplicate copy.
d. The approval of Form 1583-A does not authorize the CMRA to
accept accountable mail (for example: Registered, Insured, or COD) from
their customers for mailing. The only acceptable mailing point for
accountable mail is the post office.
2.6 Delivery to CMRA
a. Mail delivery to a CMRA requires that both the owner or manager
and each addressee complete and sign Form 1583, Application for
Delivery of Mail Through Agent. The CMRA owner or manager, or
authorized employee, or a notary public must witness the signature of
the addressee. The addressee must complete all entries on Form 1583.
The CMRA owner or manager must verify the documentation to confirm that
the addressee resides or conducts business at the permanent
[[Page 45368]]
address shown on Form 1583. Furnishing false information on the
application or refusing to give required information will be reason for
withholding the addressee's mail from delivery to the agency and
returning it to the sender. When any information required on Form 1583
changes or becomes obsolete, the addressee must file a revised
application with the CMRA. The addressee must furnish two items of
valid identification; one item must contain a photograph of the
addressee. The following are examples of acceptable identification:
(1) Valid driver's license.
(2) Armed forces, government, or recognized corporate
identification card.
(3) Passport or alien registration card.
(4) Other credential showing the applicant's signature and a serial
number or similar information that is traceable to the bearer.
The CMRA owner or manager may retain a photocopy of the
identification for verification purposes. The CMRA owner or manager
must list the two forms of identification (block 9) and write the
complete CMRA actual delivery address designation used to deliver mail
to the addressee (block 3) on Form 1583.
b. The addressee must disclose on Form 1583 when the private
mailbox is being used for the purpose of doing or soliciting business
to the public. The information required to complete this form may be
available to the public if ``yes'' in block 5 on Form 1583 is checked.
c. The CMRA must provide the original completed Forms 1583 to the
postmaster. The CMRA must maintain duplicate copies of completed Forms
1583 on file at the CMRA business location. The Forms 1583 must be
available at all times for examination by postal representatives and
the Postal Inspection Service. The postmaster must file the original
Forms 1583 alphabetically by last name of the addressee for each CMRA
at the station, branch, or post office. The postmaster files the
original Forms 1583 without verifying the address of residence or firm
shown on the Forms 1583. Verification is required only when the
postmaster receives a request by the Inspector-In-Charge, or when there
is reason to believe the addressee's mail may be, or is being, used for
unlawful purposes.
d. When the agency relationship between the CMRA and the addressee
terminates, the CMRA must write the date of termination on its
duplicate copy of Form 1583. The CMRA must notify the post office of
termination dates through the quarterly updates (due on January 1,
April 1, July 1, and October 1) of the alphabetical list of customers
cross-referenced to the CMRA actual addressee delivery designations.
The alphabetical list must contain all new customers, current
customers, and those customers who terminated within the last 12
months, including the date of termination. The CMRA must retain the
endorsed duplicate copies of Forms 1583 for 12 months after the
termination date. Forms 1583 filed at the CMRA business location must
be available at all times for examination by postal representatives and
the Postal Inspection Service.
e. A CMRA must represent its delivery address designations for the
intended addressees as a private mailbox (PMB). The CMRA delivery
address designations must specify the location to which a mailpiece is
delivered. Mail pieces must bear delivery address designations that
contain at least the following elements, in this order:
(1) Intended addressee's name or other identification. Examples:
Joe Doe or ABC CO.
(2) PMB and number. Example: PMB 234.
(3) Street number and name or post office box number or rural route
designation and number. Examples: 10 Main St or PO BOX 34 or RR 1 BOX
12.
(4) City, state and ZIP Code (5-digit or ZIP+4). Example: Herndon
Va 22071-2716.
The CMRA must write the complete CMRA actual delivery address
designation used to deliver mail to each individual addressee or firm
on the PS Forms 1583 (block 3).
f. A CMRA or the addressee must not modify or alter Form 1583 or
Form 1583-A. Modified or altered forms are invalid and the addressee's
mail returned to sender in accordance with Postal Service regulations.
g. The CMRA must be in full compliance with DMM D042.2.5 through
D042.2.7 and other applicable postal requirements to receive delivery
of mail from the post office.
h. The postmaster may, with the next higher level approval and
notification to the Inspector-In-Charge, suspend delivery to a CMRA
that, after proper notification, fails to comply with D042.2.5 through
D042.2.7 or other applicable postal requirements.
2.7 Addressee and CMRA Agreement
In delivery of the mail to the CMRA, the addressee and the CMRA
agree that:
a. When the agency relationship between the CMRA and the addressee
terminates, neither the addressee nor the CMRA will file a change-of-
address order with the post office.
b. The CMRA must re-mail mail intended for the addressee for 12
months after the termination date of the agency relationship between
CMRA and addressee. When re-mailed by the CMRA, mail requires payment
of new postage.
c. The CMRA must provide to the postmaster a quarterly list (due
January 1, April 1, July 1, and October 1) of its customers in
alphabetical order cross-referenced to the CMRA actual addressee
delivery designations. The alphabetical list must contain all new
customers, current customers, and those customers who terminated within
the last 12 months, including the date of termination.
d. A CMRA may not refuse delivery of mail if the mail is for an
addressee that is a customer or former customer (within the last 12
months). The agreement between the addressee and the CMRA obligates the
CMRA to receive all mail, except restricted delivery, for the
addressee. The addressee may authorize the CMRA in writing on Form 1583
(block 6) to receive restricted delivery mail for the addressee.
e. If the CMRA has no Form 1583 on file for an intended addressee,
the CMRA must return that mail to the post office responsible for
delivery. The CMRA must return this mail to the post office the next
business day after receipt with this proper endorsement:
``Undeliverable, Commercial Mail Receiving Agency, No Authorization To
Receive Mail for This Addressee.'' Return this mail without payment of
new postage to the post office. The CMRA must also return misdelivered
mail the next business day after receipt.
f. The CMRA must not deposit return mail in a collection box.
Return mail must be returned to the post office or given to the letter
carrier responsible for delivery to the CMRA.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 97-22694 Filed 8-26-97; 8:45 am]
BILLING CODE 7710-12-P