[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5749]
[[Page Unknown]]
[Federal Register: March 11, 1994]
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POSTAL SERVICE
39 CFR Part 265
Release of Information
AGENCY: Postal Service.
ACTION: Interim rule and request for comment.
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SUMMARY: Effective immediately, the Postal Service is amending the
rules governing disclosure of name and address information, 39 CFR
265.6(f), to limit public access to change of address information filed
by individuals and families. This amendment applies only to individual
``walk-in'' or ``write-in'' requests for change of address information
and does not affect the forwarding of mail, nor does it affect any
other postal services for the correction of addresses and mailing
lists. Accordingly, persons who submit permanent change of address
orders need to be aware that their new addresses may still become known
through address correction. The Postal Service is considering further
action to prevent disclosure of the change of address of a person who
has obtained a protective court order.
DATES: The interim regulations take effect on March 11, 1994. Comments
must be received on or before May 10, 1994.
ADDRESSES: Written comments should be directed to Robert G. Krause,
Manager, Address Management, U.S. Postal Service Headquarters, 475
L'Enfant Plaza West, SW., Washington, DC 20260-6802. Copies of all
written comments will be available for public inspection and
photocopying between 9 a.m. and 4 p.m., Monday through Friday, in room
5801, U.S. Postal Service Headquarters.
FOR FURTHER INFORMATION CONTACT:
Michael Selnick, Address Management, (202) 268-3519.
SUPPLEMENTARY INFORMATION: Because of 39 U.S.C. 410(c)(1), the name or
address of any postal patron is not subject to mandatory disclosure by
the Postal Service under the Freedom of Information Act. Nevertheless,
current postal regulations reflect a longstanding practice of
furnishing a customer's new permanent mailing address upon request to
anyone who is already in possession of the customer's name and former
address. The Postal Service is able to do this when the customer has
filed a Change-of-Address Order, PS Form 3575, or written equivalent,
with the post office that serves the old address. The purpose in making
the information available has been to provide a convenient means of
obtaining the new mailing address of a person with whom one wishes to
keep in touch through the mails.
In recent years, the Postal Service has become aware of a growing
concern among some members of the public regarding the privacy of
address information. Some people have objected to the practice of
making an individual's change of address readily available to anyone
who asks for it. For many, this concern seems based primarily in a
desire to keep information of one's physical whereabouts from falling
into the hands of individuals who may pose a threat to one's personal
security. This kind of concern is compelling. Moreover, no postal
interest is served by furnishing the information to persons who are
seeking it for reasons unrelated to the use of the mails. The Postal
Service's objective is, as it has always been, to assist persons who
wish to correspond with each other through the mails. Given the
availability of a variety of address correction services that serve
that need, it no longer seems necessary to the Postal Service's
legitimate objectives to make the information available to all who
might request it either in person or in writing from the post office
serving the former address. Having considered the potentially
detrimental effects on the privacy interests of its customers, the
Postal Service has concluded that it is appropriate to discontinue the
practice.
Under this interim rule, private individuals for the most part will
no longer be able to obtain the new address of an individual or family
simply by requesting it in person or in writing from the post office
that serves the former address. The Postal Service, however, will
continue to furnish upon request and payment of the prescribed fee the
new addresses submitted by those who do not identify themselves on the
change of address order as either an individual or a family. Thus,
access to the new address of an organization, such as a business or an
institution, will not be restricted by the rule. Further, the rule
change is not intended to have an effect on any other presently
existing address or mailing list correction service.
With one exception, the regulations at Sec. 265.6(d)(6) will remain
unchanged insofar as they authorize disclosure of certain address
information (1) to a federal, state or local government agency for
official purposes, (2) to an authorized person for the purpose of
service of legal process, (3) when necessary to comply with a court
order, or (4) to a criminal law enforcement agency when an oral request
is made through the Inspection Service. The Postal Service considers
that making address information available for these purposes is
supported by sound public policy. These provisions, which have
heretofore operated primarily to permit the disclosure of non-business
boxholder and temporary change of address information in the specified
circumstances, will, under the revised regulations, also provide
authority for the disclosure of the newly restricted permanent change
of address information of individuals and families. For example,
pursuant to paragraph (d)(6)(ii), which will be renumbered as paragraph
(d)(4)(ii), both permanent and temporary change of address information
pertaining to an individual or family will be furnished to a person
empowered by law to serve legal process, or the attorney for a party in
whose behalf service will be made, or a party who is acting pro se,
upon receipt of the written information specified in that paragraph.
The only substantive change being made to the text of former paragraph
(d)(6) occurs in subparagraph (iii), which is being amended in
conformity with the Privacy Act of 1974, 5 U.S.C. 552a, to make clear
that change of address and boxholder information that is not otherwise
subject to disclosure under these regulations may not be disclosed
pursuant to a subpoena, which typically is signed by an attorney or a
Clerk of Court, but may be disclosed only pursuant to an order of a
court bearing the signature of a judge.
Minor conforming changes are also being made in Secs. 265.6(d) and
265.9(g) at this time.
Due to the element of personal security of members of the public
associated with this rule change, the Postal Service has determined to
place the change immediately into effect on an interim basis. Although
the Postal Service is exempted by 39 U.S.C. 410(a) from the advance
notice requirements of the Administrative Procedure Act regarding
rulemaking (5 U.S.C. 553), the Postal Service invites interested
persons to submit written comments concerning the interim rule. These
comments will be considered before a final rule is adopted.
List of Subjects in 39 CFR Part 265
Disclosure of Information, Postal Service.
For the reasons set out in this notice, the Postal Service adopts
the following interim amendments to part 265 of 39, Code of Federal
Regulations.
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.
Sec. 265.6 [Amended]
2. Paragraph (d)(1) of section 265.6 is revised and the
introductory text of paragraph (d) is republished to read as follows:
* * * * *
(d) Disclosure of Names and Addresses of Customers. Upon request,
the addresses of specifically identified postal customers will be made
available only as follows:
(1) Change of address. The new address of any specific customer who
has filed a permanent or temporary Change of Address Order (Form 3575,
hand-written order or electronically communicated order) will be
furnished to any person upon payment of the fee prescribed in
paragraphs (e)(3) and (g)(5) of Sec. 265.9, except that the new address
of a specific customer who has indicated on the order that the address
change is for an individual or an entire family will be furnished only
in those circumstances stated at paragraph (d)(4) of this section.
Disclosure will be limited to the address of the specifically
identified individual about whom the information is requested (not
other family members or individuals whose names may also appear on the
change of address order.) Other information on Form 3575 or copies of
the form will not be furnished except in those circumstances stated at
paragraphs (d)(4)(i), (d)(4)(iii), or (d)(4)(iv) of this section. The
fee is waived for providing information under the circumstances listed
at paragraph (d)(4) of this section. See paragraph (g)(5) of
Sec. 265.9.
* * * * *
3. Paragraph (d)(2) of Sec. 256.6 is removed; paragraph (d)(3) of
that section is redesignated as paragraph (d)(2), and the reference to
Sec. 256.8 appearing in the first sentence thereof is changed to read
``Sec. 265.9.''
4. Paragraph (d)(4) of Sec. 256.6 is removed; paragraph (d)(5) of
that section is redesignated as paragraph (d)(3); and the references to
paragraphs (d)(6)(i) through (d)(6)(iv) and to paragraphs (d)(6)(i),
(d)(6)(iii), or (d)(6)(iv) appearing in redesignated Sec. 265.6(d)(3)
(ii) and (iii) respectively, are changed to read ``(d)(4)(i) through
(d)(4)(iv)'' and ``(d)(4)(i), (d)(4)(iii), or (d)(4)(iv),''
respectively.
5. Paragraphs (d)(6) through (d)(10) are redesignated as paragraphs
(d)(4) through (d)(8) respectively.
6. Redesignated (d)(4)(iii) of Sec. 265.6 is revised to read as
follows:
* * * * *
(4) * * *
(iii) In compliance with a subpoena or court order, except that
change of address or boxholder information which is not otherwise
subject to disclosure under these regulations may be disclosed only
pursuant to a court order.
7. In redesignated paragraph (d)(4)(iv) of Sec. 256.6, the
reference to paragraph (d)(6)(i) appearing in the last sentence is
changed to read ``paragraph (d)(4)(i)''.
Sec. 265.9 [Amended]
8. Paragraph (g)(5) of Sec. 265.9 is amended by changing the
reference to paragraph (d)(6)(ii) appearing in paragraph (g)(5)(ii) to
read ``(d)(4)(ii)'' and by changing the reference to paragraph
(d)(6)(iv) appearing in paragraph (g)(5)(iv) to read ``(d)(4)(iv).''
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-5749 Filed 3-10-94; 8:45 am]
BILLING CODE 7710-12-M
