[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Proposed Rules]
[Pages 46630-46632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22124]
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POSTAL SERVICE
39 CFR Part 265
Release of Information
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: This document rescinds a proposal published on June 9, 1999,
(64 FR 30929) to amend the Postal Service's regulations to allow the
disclosure of certain information contained in PS Form 1583,
Application for Delivery of Mail Through Agent. Under that proposed
rule change, the recorded business name, address, and telephone number
of the addressee using a Commercial Mail Receiving Agency (CMRA)
private mailbox (PMB) for the purpose of doing or soliciting business
with the public would be furnished to any person upon request without
charge. The rule change would have been consistent with current postal
policy applicable to post office boxholders.
As a result of public comment, discussed below, this document
proposes a rule to preserve current postal policy that prohibits
disclosure of information contained in PS Form 1583 except to federal,
local, and state government agency requesters, including those engaged
in law enforcement activities, or pursuant to subpoena or court order.
In addition, this proposal would amend the Postal Service's current
policy for disclosing information about post office boxholders
contained in PS Form 1093, Application for Post Office Box or Caller
Service. Under current policy, the recorded business name, address, and
telephone number of the holder of a post office box used for doing or
soliciting business with the public, or of any person applying for a
box on behalf of a holder, are provided to any person. Under this
proposed rule change, core disclosure policy for post office boxholder
information will parallel that for PMB customers in that disclosure to
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the general public will be prohibited, and permitted only to federal,
state, and local government agency requesters; when needed for service
of legal process; or pursuant to a subpoena or court order.
DATES: Comments must be received on or before September 27, 1999.
ADDRESSES: Written comments should be mailed to Manager, Administration
and FOIA, United States Postal Service, 475 L'Enfant Plaza SW, Room
8141, Washington, DC 20260-5202. Copies of all written comments will be
available for inspection and photocopying between 8 a.m. and 4 p.m.,
Monday through Friday, at the above address.
FOR FURTHER INFORMATION CONTACT: Betty Sheriff (202) 268-2608.
SUPPLEMENTARY INFORMATION:
A. Background
This proposal was preceded by a notice of proposed rulemaking
(NPRM) published on June 9, 1999 (64 FR 30929). As explained in that
NPRM, the Postal Service has adopted rules (March 25, 1999, at 64 FR
14385-14391) amending sections D042.2.5 through D042.2.7 of the
Domestic Mail Manual (DMM) to update and clarify procedures for
delivery of an addressee's mail to a CMRA. Section D042.2.6(b) as
amended requires an applicant for delivery of mail through an agent to
indicate on PS Form 1583 whether the private mail box (PMB) will be
used for the purpose of doing or soliciting business with the public.
The June 9 NPRM would have changed postal policy set out in 39 CFR
265.6(d)(8) to permit disclosure of certain information from PS Form
1583 upon request to the Postal Service, when the PMB is being used for
the purpose of doing or soliciting business with the public. This
policy was intended to be consistent with disclosure policy currently
applicable to post office boxholders, as set out in 39 CFR 265.6(d)(3),
Post office boxholder information.
B. Analysis of Comments Received
Comments on the proposed rule were due on or before July 9, 1999.
The Postal Service received a total of 1,239 comments, including a
petition with 72 names of customers of a CMRA generally disagreeing
with the new CMRA rules. Of the total, 1,226 comments were from CMRA
customers, 10 were from CMRA owners or franchisers, two were from
public interest groups, and one was from a member of Congress. These
comments were largely identical in content and format, and all opposed
the proposed rule, except for one commenter whose comment was limited
to a statement requesting that the Postal Service not change the way
the proposal reads. The Postal Service also received a number of
comments after the deadline that were similar in nature and content to
those received on time that generally opposed the proposed rule.
Comments received in response to the June 9 NPRM were considered in
reaching the decision to rescind the June 9 NPRM and in the formulation
of this proposed rule.
The comments received in response to the June 9 NPRM most often
expressed concern that disclosure of CMRA customer information could
leave the public vulnerable to identity theft; harassment or harm; and
theft of property. They expressed particular concern about potential
harm to domestic violence victims; children at risk of exploitation and
abduction; stalking victims; witnesses; celebrities; and law
enforcement personnel and others who hold high profile or dangerous
jobs. They also expressed concern that business owners dealing in
valuable commodities, such as antiques, rare coins, jewelry, or gems,
would be subjected to theft.
Many commenters had been misinformed and thought that any
information on any PS Form 1583 would be disclosed to any member of the
public upon request. One commenter stated ``I am horrified that anyone
could walk into the (CMRA) or post office to examine my personal
identification.'' Similar sentiments were expressed by several other
commenters who misunderstood the circumstances of disclosure. The
proposed rule in fact limited release of information to the name,
address, and telephone number of the CMRA customer, and only if the PMB
was being used to do or solicit business with the public. Such a
disclosure policy would have been consistent with the Postal Service's
longstanding policy on the disclosure of post office boxholder
information, premised on the idea that a consumer should be able to
know to whom and where money is sent for goods or services.
Nevertheless, many commenters, particularly business owners operating
out of the home, believed such a regulation would subject them to
harassment and harm and asked that the proposed rule be rescinded.
Despite the lack of any significant reported harassment or harm to
business post office boxholders about whom such information
historically has been disclosed, the Postal Service recognizes these
concerns and the paramount importance of public safety and has
determined to publish this proposed rulemaking for public comment.
Consequently, this proposed rulemaking reverses the June 9 NPRM and
prohibits disclosure of information about either a post office box or
PMB holder to the general public, regardless of how the box is used.
Another concern frequently expressed is that the Postal Inspection
Service already has ample opportunity to investigate and prosecute
suspected mail fraud cases and other crimes. The commenters stated that
consumers doing business with PMB users are already adequately
protected since the home address always has been available to law
enforcement personnel and for anyone with a legal cause of action
(interpreted to mean pursuant to a subpoena or court order). It is true
that the home address of CMRA customers historically has been available
to government agencies, most of which may be engaged in law
enforcement, upon written request meeting Privacy Act requirements. To
the Postal Service's knowledge, such disclosure has occurred without
threat to the safety of these parties. Although the June 9 proposed
rulemaking was intended to take a proactive approach to reducing the
opportunities to use a PMB for fraudulent purposes, the policy proposed
by this rule will continue the previous practice of disclosure only to
government agency requesters who certify that the information is
required for the performance of official duties.
One special interest organization stated that it had received many
messages from individuals who are concerned about the ``privacy-
intrusive database that will be compiled as a result of having to
complete Form 1583.'' Others expressed concern about the establishment
of a database that would simplify and increase datasharing. The Postal
Service has never intended to create a national database with
information from PS Form 1583. PS Forms 1583 are maintained locally and
are subject to Privacy Act safeguards.
Some comments related to procedural issues, such as the timing of
the June 9 NPRM. The discussion of these issues would add no
significance since this notice rescinds and reverses the June 9 NPRM.
However, in response to comments that the PS Form 1583 contained no OMB
number as required by the Paperwork Reduction Act, the Postal Service
is not subject to the Paperwork Reduction Act of 1980; its forms are
approved and prescribed in accordance with its own forms management
program.
Other comments received related to other aspects of the revisions
to CMRA requirements not pertinent to the
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proposed rule discussed here. Those concerns were responded to in the
March 25, 1999, final rule amending the DMM.
List of Subjects in 39 CFR Part 265
Administrative practice and procedure, Courts, Freedom of
information, Government employees, Release of information.
For the reasons set out above, the Postal Service proposes to amend
39 CFR part 265 as follows:
PART 265--RELEASE OF INFORMATION
1. The authority citation for part 265 continues to read as
follows:
Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403,
410, 1001, 2601.
2. Section 265.6(d)(3) and (d)(8) are revised to read as follows:
Sec. 265.6 Availability of records.
* * * * *
(d) * * *
(3) Post office boxholder information. Information from PS Form
1093, Application for Post Office Box or Caller Service, will be
provided only as follows:
(i) In those circumstances stated at paragraphs (d)(4)(i) through
(d)(4)(iv) of this section.
(ii) Copies of PS Form 1093 will not be furnished except in those
circumstances stated at paragraphs (d)(4)(i), (d)(4)(iii), or
(d)(4)(iv) of this section.
* * * * *
(8) Private mailbox information. Information from PS Form 1583,
Application for Delivery of Mail Through Agent, will be provided only
as follows:
(i) In those circumstances stated at paragraphs (d)(4)(i),
(d)(4)(iii), or (d)(4)(iv) of this section.
(ii) 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 to the public from PS Form 1583.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 99-22124 Filed 8-25-99; 8:45 am]
BILLING CODE 7710-12-P
