Release of Information

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

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.

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

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

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

lly 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

ated 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

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

. 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]

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