Freedom of Information Act; implementation,

[Federal Register: June 9, 1999 (Volume 64, Number 110)]

[Proposed Rules]

[Page 30929-30930]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09jn99-24]

POSTAL SERVICE

39 CFR Part 265

Release of Information

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: The Postal Service is changing the prohibition in Sec. 265.6(d)(8) of title 39 of the Code of Federal Regulations (CFR) against disclosure of information contained in PS Form 1583, Application for Delivery of Mail Through Agent, to conform to recent changes in the Domestic Mail Manual. Under the 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 will be furnished to any person upon request without charge.

DATES: Comments must be received on or before July 9, 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: Roy E. Gamble (202) 268-3197.

[[Page 30930]]

SUPPLEMENTARY INFORMATION: The Postal Service has adopted rules 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) of the DMM, as recently amended, requires an applicant for delivery of mail through an agent to indicate on PS Form 1583 whether the PMB will be used for the purpose of doing or soliciting business with the public. If so, certain information about the applicant that is contained in PS Form 1583 may be available to the public upon request.

Previous postal policy concerning the disclosure of information from PS Form 1583, as set out in 39 CFR 265.6(d)(8), prohibited disclosure except for the purpose of identifying a particular address as the address of a CMRA. Section 265.6(d)(8) is being changed to permit disclosure of certain information from PS form 1583 upon request, when the PMB is being used for the purpose of doing or soliciting business with the public. This is consistent with disclosure policy applicable to post office boxholders, as set out in 39 CFR 265.6(d)(3), Post office boxholder information. Information from Form 1093, Application for Post Office Box or Caller Number.

List of Subjects in Part 265

Administrative practice and procedure, Courts, Freedom of information, Government employees, Release of information.

For the reasons set out in the preamble, 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. In Sec. 265.6 the heading for paragraph (d) is republished and paragraph (d)(8) is revised to read as follows:

   Sec. 265.6 Availability of records.

   * * * * *

   (d) Disclosure of names and addresses of customers. * * * * *

   (8) PS Form 1583, Application for Delivery of Mail Through Agent. Information contained in PS Form 1583, Application for Delivery of Mail Through Agent, may not be disclosed to the public, except as follows:

   (i) 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 PS Form 1583.

   (ii) When the delivery address is being used for the purpose of doing or soliciting business with the public, as indicated on PS Form 1583 or by other evidence furnished by the requester (such as an advertising circular). Disclosure will be limited to the recorded business name, street address, and telephone number of the addressee. When the postmaster is unable to determine whether a business use is involved, he shall refer the request to managing counsel of the appropriate field legal office for advice. Only if the addressee's business and home address are the same, will the home address be provided pursuant to this provision. * * * * * Stanley F. Mires, Chief Counsel, Legislative.

   [FR Doc. 99-13724Filed6-8-99; 8:45 am]

   BILLING CODE 7710-12-P