Freedom of Information Act; implementation,

[Federal Register: August 26, 1999 (Volume 64, Number 165)]

[Proposed Rules]

[Page 46630-46632]

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

[DOCID:fr26au99-21]

POSTAL SERVICE

39 CFR Part 265

Release of Information

AGENCY: Postal Service.

ACTION: Proposed rule.

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:

1. 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.

2. 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. 99-22124Filed8-25-99; 8:45 am]

      BILLING CODE 7710-12-P