Federal Management Regulation (FMR); Mail Management; Financial Requirements for All Agencies, 27908-27913 [2013-11139]
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
EPA is also reopening the comment
period for the December 31, 2012
Federal Register document (Ref. 5) to
allow interested parties to submit
additional relevant information and data
before the public meeting, although EPA
is not planning to update the discussion
guide to reflect any information
submitted at this time. The reopened
comment period will stay open through
the public meeting on June 26, 2013,
and continue to remain open until July
12, 2013 to accommodate written
follow-up comments that participants or
the general public wish to submit after
the public meeting. Comments will be
accepted regardless of whether the
submitter participates in the public
meeting.
III. References
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1. EPA. Lead; Requirements for Lead-Based
Paint Activities in Target Housing and ChildOccupied Facilities; Final Rule. Federal
Register (61 FR 45778, August 29, 1996)
(FRL–5389–9).
2. EPA. Lead; Renovation, Repair, and
Painting Program; Final Rule. Federal
Register (73 FR 21692, April 22, 2008) (FRL–
8355–7).
3. EPA. Sierra Club, etc. Settlement, as
amended and modified (2009, 2011, and
2012).
4. EPA. Lead; Renovation, Repair, and
Painting Program for Public and Commercial
Buildings; Advance Notice of Proposed
Rulemaking. Federal Register (75 FR 24848,
May 6, 2010) (FRL–8823–6).
5. EPA. Lead; Renovation, Repair, and
Painting Program for Public and Commercial
Buildings; Request for Information and
Advance Notice of Public Meeting. Federal
Register (77 FR 76996, December 31, 2012)
(FRL–9373–7).
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings
and facilities, Business and industry,
Lead-based paint, Hazardous
substances, Public and commercial
buildings, Occupational safety and
health, Renovation, Repair, and Painting
Program (RRP), Safety.
14:16 May 10, 2013
[FR Doc. 2013–11316 Filed 5–10–13; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–192
[FMR Case 2008–102–4; Docket 2008–0001;
Sequence 1]
RIN 3090–AI79
Federal Management Regulation
(FMR); Mail Management; Financial
Requirements for All Agencies
Office of Governmentwide
Policy, GSA.
ACTION: Proposed rule.
AGENCY:
As indicated under ADDRESSES, a
docket has been established for this
document under docket ID number
EPA–HQ–OPPT–2010–0173. The
following is a list of the documents that
are specifically referenced in this
document. The docket includes these
documents and other information
including documents that are referenced
within the documents that are included
in the docket, even if the referenced
document is not physically located in
the docket. For assistance in locating
these other documents, please consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
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Dated: May 6, 2013.
James Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
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SUMMARY: The General Services
Administration (GSA) is proposing to
amend the Federal Management
Regulation (FMR) by revising its mail
management policy. A major part of the
proposed revision involves the removal
of the agency requirement to pay the
United States Postal Service (USPS)
using commercial payment processes.
This proposed rule also revises the term
‘‘commercial payment process’’,
removes the definition ‘‘large agency’’,
requires all agencies to provide an
annual mail management report,
changes the date of the annual report,
removes the description of facility and
program mail manager responsibilities,
recommends all agencies implement the
process of consolidation of mail and
requires all agencies to expand existing
mail security policy to include guidance
for employees receiving incoming and
sending outgoing official mail at an
alternative worksite. Finally, this
proposed rule encourages agencies to
increase sustainable activities in their
mail programs, and makes editorial and
technical corrections. This case is
included in GSA’s retrospective review
of existing regulations under Executive
Order 13563. Additional information is
available at www.gsa.gov/
improvingregulations.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before July 12, 2013
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to FMR Case 2008–102–4 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
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via the Federal eRulemaking portal by
searching for ‘‘FMR Case 2008–102–4’’.
Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘FMR Case 2008–102–4’’ on
your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FMR Case 2008–102–4, in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Derrick
Miliner, Office of Governmentwide
Policy, Mail Management Program, at
202–273–3564, or email him at
derrick.miliner@gsa.gov. Please cite
FMR case 2008–102–4. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat (MVCB), 1275 First Street
NE., Washington, DC 20417, 202–501–
4755.
SUPPLEMENTARY INFORMATION:
A. Background
On June 6, 2002, GSA published an
interim rule in the Federal Register (67
FR 38899) that required all payments to
the United States Postal Service (USPS)
be made using commercial payment
processes, not the Official Mail
Accounting System (OMAS). The initial
conversion date of October 1, 2003, was
subsequently changed to December 31,
2003 by an amendment published in the
Federal Register on September 29, 2003
(68 FR 56112). Many agencies
unfortunately were not able to meet this
goal.
If agencies did not convert to the
commercial payment process by that
date, they were required to submit a
deviation request for an extension. If
granted, the deviation could last for no
longer than a two-year period (per
internal GSA policy), at which time
agencies would have to request another
deviation. FMR Bulletin G–01,
published in the Federal Register on
May 13, 2008 (73 FR 27540), granted a
12 month deviation from April 11, 2008
through April 13, 2009 for conversion to
the commercial payment process. FMR
Bulletin G–02 extended the period
granted in FMR Bulletin G–01 to April
13, 2010. GSA granted agencies another
automatic 12-month deviation and
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advised agencies that had unexpired
deviations that they did not need to take
any additional action because GSA was
reassessing the policy. This proposed
rule reflects agency comments and
GSA’s proposed change in policy,
namely that agencies would not be
required to switch payment systems
with the USPS.
A proposed rule was published in the
Federal Register on January 9, 2009 (74
FR 870), to allow agencies a choice of
methods to best show their
accountability for mail management.
GSA received the following two
comments:
1. The Department of State
commented that agencies should be
allowed to continue using OMAS as
long as they can demonstrate savings
and detailed accountability as described
in 41 CFR part 102–192. For these
reasons, the Department of State
believes that deviations should still be
accepted and granted on a case by case
basis.
2. The Social Security Administration
proposed that GSA amend subpart B of
41 CFR part 102–192 to include the
following language: ‘‘Agencies with
locations in areas where post offices
cannot support the use of a commercial
payment system shall be exempt from
part 102–92 subpart B. Additionally,
agencies whose mission critical
operations would be comprised [sic] by
converting to a commercial payment
process shall be exempt from part 102–
192 subpart B.’’
The proposed rule published today
reflects a new direction that would
remove the requirement to pay the
USPS using only commercial payment
processes. If adopted as a final rule,
agencies could continue to pay the
USPS using their existing OMAS
account. This approach would be
consistent with both comments received
on the proposed rule published in the
Federal Register on January 9, 2009 (74
FR 870).
Additionally, publishing this
proposed rule allows the opportunity to
vet with all agencies several changes
that GSA drafted in conjunction with
the Federal Mail Executive Council.
This new proposed rule allows those
impacted, such as small agencies, as
well as other interested parties, a period
to comment and for GSA to respond to
those comments prior to issuing a final
rule.
Proposed Changes to 41 CFR Part 102–
192
Accordingly, this proposed rule, if
adopted as a final rule, would:
1. Remove the agency requirement to
pay the USPS using commercial
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payment processes and redefine the
term ‘‘commercial payment process.’’
2. Remove the definition of ‘‘large
agency,’’ which is defined as an agency
whose total payments to all mail service
providers exceed $1 million per fiscal
year.
3. With regard to the annual mail
management report:
a. Require all agencies, regardless of
size, to provide an annual mail
management report. For agencies
previously exempt from the reporting
requirement (those below the ‘‘large
agency’’ threshold) that are newly
required to report, annual reporting
beginning with FY 2013 data will begin
in FY 2014.
b. Amend the annual reporting date.
The report would be due on October 31
for information covering the previous
fiscal year rather than on January 15 for
the previous fiscal year.
c. Require agencies to submit an
annual mail management report to the
Office of Governmentwide Policy, Mail
Management Policy, through the
Simplified Mail Accountability
Reporting Tool (SMART).
d. Point to an FMR bulletin that
details the reporting requirements at
www.gsa.gov/fmrbulletin.
4. Remove the description of facility
and program mail manager
responsibilities and assign those
responsibilities to the agency mail
manager, who may choose to delegate
part or all of these responsibilities.
5. Recommend all agencies
implement the process of consolidation
for internal and external mail.
6. Require all agencies to expand
existing mail security policy to include
guidance for employees receiving
incoming and sending outgoing official
mail at an alternative worksite.
7. Encourage agencies to increase
sustainable activities in their mail
programs.
8. Make editorial and technical
corrections.
B. Executive Orders 12866 and 13563
Executive Order (E.O.) 12866 of
September 30, 1993 (‘‘Regulatory
Planning and Review’’) and E.O. 13563
of January 18, 2011 (‘‘Improving
Regulation and Regulatory Review’’)
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
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and of promoting flexibility. This
proposed rule is not a significant
regulatory action and, therefore, is not
subject to review under Section 6(b) of
E.O. 12866. This proposed rule is not a
major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
This proposed rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. This
proposed rule is also exempt from the
Administrative Procedure Act per 5
U.S.C. 553(a)(2) because it applies to
agency management or personnel.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because this proposed rule
does not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public which require the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates solely to agency
management or personnel.
List of Subjects in 41 CFR Part 102–192
Government contracts, Mail,
Performance measurement, Records
management, Reporting recordkeeping
requirements, and Security.
Dated: May 1, 2013.
Kathleen M. Turco,
Associate Administrator, Office of
Governmentwide Policy.
For the reasons set forth in the
preamble, GSA proposes to revise 41
CFR part 102–192 to read as follows:
PART 102–192—MAIL MANAGEMENT
Subpart A—Introduction to This Part
Sec.
102–192.5 What does this part cover?
102–192.10 What authority governs this
part?
102–192.15 How are ‘‘I’’, ‘‘you’’, ‘‘me’’,
‘‘we’’, and ‘‘us’’ used in this part?
102–192.20 How are ‘‘must’’ and ‘‘should’’
used in this part?
102–192.25 Does this part apply to me?
102–192.30 To what types of mail and
materials does this part apply?
102–192.35 What definitions apply to this
part?
102–192.40 Where can we obtain more
information about the classes of mail?
102–192.45 How can we request a deviation
from these requirements, and who can
approve it?
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Subpart B—Agency Requirements
Financial Requirements for All Agencies
102–192.50 What payment processes are we
required to use?
102–192.55 Why must we use these
payment processes?
102–192.60 How do we implement these
payment processes?
102–192.65 What features must our finance
systems have to keep track of mail
expenditures?
Security Requirements for All Agencies
102–192.70 What security policies and
plans must we have?
102–192.75 Why must we have written
security policies and plans?
102–192.80 How do we develop written
security policies and plans?
Performance Measurement Requirements for
All Agencies
102–192.110 At what levels in our agency
must we have performance measures?
102–192.115 Why must we use
performance measures?
Agency Mail Manager Requirements
102–192.120 Must we have an agency mail
manager?
102–192.125 What is the appropriate
managerial level for an agency mail
manager?
102–192.130 What are your general
responsibilities as an agency mail
manager?
Subpart C—GSA’s Responsibilities and
Services
102–192.135 What are GSA’s
responsibilities in mail management?
102–192.140 What types of support does
GSA offer to Federal agency mail
management programs?
Authority: 44 U.S.C. 2901–2904.
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What does this part cover?
This part prescribes policy and
requirements for the effective,
economical, and secure management of
incoming, internal and outgoing mail
and materials in Federal agencies.
What authority governs this
This part is governed by Section 2 of
Public Law 94–575, the Federal Records
Management Amendments of 1976 (44
U.S.C. 2901–2904, as amended, that
requires the Administrator of General
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In this part, ‘‘I,’’ ‘‘me,’’ and ‘‘you’’ in
the singular refer to agency mail
managers. The context makes it clear
which usage is intended in each case.
‘‘We,’’ ‘‘us,’’ and ‘‘you’’ in the plural
refer to your Federal agency.
In this part—
(a) ‘‘Must’’ identifies steps that
Federal agencies are required to take;
and
(b) ‘‘Should’’ identifies steps that the
GSA recommends.
Note to § 102–192.20: In their internal
policy statements, agencies may require steps
that GSA recommends.
§ 102–192.25
Does this part apply to me?
Yes, this part applies to you if you
work in mail management in a Federal
agency, as defined in § 102–192.35.
§ 102–192.30 To what types of mail and
materials does this part apply?
(a) This part applies to all materials
that pass through a Federal mail center,
including all incoming and outgoing
materials, regardless of whether or not
they currently pass through a mail
center. This includes:
(1) First Class Mail;
(2) Standard Mail;
(3) Periodicals;
(4) Package Services; and
(5) Express Mail.
(b) This part does not apply to
shipments of parts or supplies from a
material distribution center. A material
distribution center is a warehouse that
maintains and distributes an inventory
of parts and supplies.
§ 102–192.35
part?
Subpart A—Introduction to This Part
§ 102–192.10
part?
§ 102–192.15 How are ‘‘I’’, ‘‘you’’, ‘‘me’’,
‘‘we’’, and ‘‘us’’ used in this part?
§ 102–192.20 How are ‘‘must’’ and
‘‘should’’ used in this part?
Reporting Requirements for All Agencies
102–192.85 Who must report to GSA
annually?
102–192.90 What must we include in our
annual mail management report to GSA?
102–192.95 Why does GSA require annual
mail management reports?
102–192.100 How do we submit our annual
mail management report to GSA?
102–192.105 When must we submit our
annual mail management report to GSA?
§ 102–192.5
Services to provide guidance and
assistance to Federal agencies to ensure
economical and effective records
management and defines the processing
of mail by Federal agencies as a records
management activity.
What definitions apply to this
The following definitions apply to
this part:
Accountable mail means any piece of
mail for which a service provider and
the mail center must maintain a record
that shows where the mail piece is at
any given time, and when and where it
was delivered; examples include United
States Postal Service (USPS) registered
mail and all expedited mail.
Agency mail manager means the
person who manages the overall mail
management program of a Federal
agency.
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Class of mail means one of the five
categories of domestic mail as defined
by the Mailing Standards of the USPS in
the Domestic Mail Manual (DMM)
located at https://pe.usps.gov/.
(1) Express mail;
(2) First class (includes priority mail);
(3) Periodicals;
(4) Standard mail, bulk marketing
mail; and
(5) Package services.
Commercial payment process means
paying for postage using the United
States Postal Service’s Centralized
Account Processing System.
Commingling means combining
outgoing mail from one facility or
agency with outgoing mail from at least
one other source.
Consolidation means the process of
combining into a container two or more
pieces of mail directed to the same
addressee or installation on the same
day.
Consolidation of facilities means the
process of combining more than one
mail center into a central location. The
decision to consolidate should be based
on a cost analysis comparing the
projected cost savings to the costs of
implementation.
Expedited mail means mail
designated for overnight and two or
three day delivery by service providers.
Examples of expedited mail include
Dalsey, Hillblom, Lynn (DHL); Federal
Express (FedEx); United Parcel Service
(UPS); and United States Postal Service
(USPS) express mail.
Federal agency or agency, as defined
in 44 U.S.C. 2901(14), means—
(1) Any executive department as
defined in 5 U.S.C. 101;
(2) Any wholly owned Government
corporation as defined in 31 U.S.C.
9101;
(3) Any independent establishment in
the executive branch as defined in 5
U.S.C. 104; and
(4) Any establishment in the
legislative or judicial branch, except the
Supreme Court, the Senate, the House of
Representatives, the Architect of the
Capitol, and all activities under the
direction of the Architect of the Capitol.
Federal facility or facility means any
office building, installation, base, etc.,
where Federal agency employees work.
This includes any facility where the
Federal Government pays postage
expenses even though few or no Federal
employees are involved in processing
the mail.
Incoming mail means any mail that
comes into a facility delivered by any
service provider, such as DHL, FedEx,
UPS, and USPS.
Internal mail means mail generated
within a Federal facility that is
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delivered within that facility or to a
nearby facility of the same agency, so
long as it is delivered by agency
personnel or an agency contractor.
Mail means the types of mail
described in § 102–192.30.
Mail center means an organization
and/or place, within or associated with
a Federal facility, where incoming and/
or outgoing Federal mail and materials
are processed.
Mail expenditures means direct
expenses for postage, fees and services
and all other mail costs, meter fees,
permit fees, etc. (e.g., payments to
service providers, mail center personnel
costs, mail center overhead, etc.).
Mail piece design means creating and
printing items to be mailed so that they
can be processed efficiently and
effectively by automated mail
processing equipment.
Official Mail means incoming or
outgoing mail that is related to official
business of the Federal Government.
Official Mail Accounting System
(OMAS) means the USPS government
specific system used to track postage.
Outgoing mail means mail generated
within a Federal facility that is going
outside that facility.
Personal mail means incoming or
outgoing mail that is not related to
official business of the Federal
Government.
Postage means payment for delivery
service that is affixed or imprinted to a
mail piece usually in the form of a
postage stamp, permit, imprint, or meter
impression.
Presort means a mail preparation
process used to receive a discounted
mail rate by sorting mail according to
USPS standards.
Program level means a component,
bureau, regional office and/or a facility
that generates outgoing mail.
Service provider means any agency or
company that delivers materials and
mail. Some examples of service
providers are DHL, FedEx, UPS, USPS,
courier services, the Department of
Defense, the Department of State’s
Diplomatic Pouch and Mail Division,
and other Federal agencies providing
mail services.
Sustainability and Sustainable mean
to create and maintain conditions under
which humans and nature can exist in
productive harmony, that permit
fulfilling the social, economic, and other
requirements of present and future
generations.
Telework means a work flexibility
arrangement under which an employee
performs the duties and responsibilities
of such employee’s position, and other
authorized activities, from an approved
worksite other than the location from
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which the employee would otherwise
work.
Unauthorized use of agency postage
means the use of penalty or commercial
mail stamps, meter impressions, or
other postage indicia for personal or
unofficial use.
Worksharing is one way of processing
outgoing mail so that the mail qualifies
for reduced postage rates. Examples of
worksharing include presorting, bar
coding, consolidating, and
commingling.
§ 102–192.40 Where can we obtain more
information about the classes of mail?
You can learn more about mail classes
in the Domestic Mail Manual (DMM).
The DMM is available online at https://
pe.usps.gov or you can order a copy
from: Superintendent of Documents,
U.S. Government Printing Office, P.O.
Box 979050, St. Louis, MO 63197–9000.
§ 102–192.45 How can we request a
deviation from these requirements, and who
can approve it?
See §§ 102–2.60 through 102–2.110 of
this chapter to request a deviation from
the requirements of this part. The
Administrator of General Services and
those to whom the Administrator has
delegated such authority have the power
to approve or deny a deviation.
Subpart B—Agency Requirements
Financial Requirements for All
Agencies
§ 102–192.50 What payment processes are
we required to use?
(a) All payments to the USPS must be
made using either—
(1) The U.S. Treasury
Intergovernmental Payment and
Collection Payment (IPAC) process
associated with the Official Mail
Accounting System (OMAS), or
(2) The USPS Centralized Account
Processing System (CAPS) associated
with commercial payments.
(b) Payments made to service
providers other than USPS must be
made by U.S. Treasury payment
methods such as automated clearing
house-electronic funds transfer or a
Personal Identification Number (PIN)
based debit card.
§ 102–192.55 Why must we use these
payment processes?
In accordance with 44 U.S.C. 2904,
GSA is required to standardize and
improve accountability with respect to
records management, including Federal
mail management.
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§ 102–192.60 How do we implement these
payment processes?
Guidance on implementing payment
processes can be found at https://
www.fms.treas.gov/.
§ 102–192.65 What features must our
finance systems have to keep track of mail
expenditures?
All agencies must have an
accountable system for making postage
payments; that is, a system that allocates
postage expenses at the program level
within the agency and makes program
level managers accountable for
obligating and tracking those expenses.
The agency will have to determine the
appropriate program level for this
requirement because the level at which
it is cost beneficial differs widely. The
agency’s finance systems should track
all mail expenditures separately to the
program level or below, and should—
(a) Show expenses for postage and all
other mail expenditures, payments to
service providers, etc., separate from all
other administrative expenses;
(b) Allow mail centers to establish
systems to charge their customers for
mail expenditures; and
(c) Identify and charge the mail
expenditures that are part of printing
contracts down to the program level.
Security Requirements for All Agencies
§ 102–192.70 What security policies and
plans must we have?
(a) Agencies must have a written mail
security policy that applies throughout
your agency.
(b) Agencies also must have a written
mail security plan for each facility that
processes mail, regardless of the
facility’s mail volume.
(c) Agencies must have a security
policy for employees receiving
incoming and sending outgoing mail at
an alternative worksite, such as a
telework center.
(d) The scope and level of detail of
each facility mail security plan should
be commensurate with the size and
responsibilities of each facility. For
small facilities, agencies may use a
general plan for similar locations. For
larger locations, agencies must develop
a plan that is specifically tailored to the
threats and risks at your location.
Agencies should determine which
facilities they consider are small and
large for the purposes of this section, so
long as the basic requirements for a
security plan are met at every facility.
(e) All mail managers are required to
report annually the status of their mail
security plans to agency headquarters.
At a minimum, this report should assure
that all mail security plans complies
with the requirements of this part,
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including annual review by a subject
matter expert and regular rehearsal of
responses to various emergency
situations by facility personnel.
(f) A security professional who has
expertise in mail center security should
review the agency’s mail security plan
and policies annually to include
identification of any deficiencies.
Review of facility mail security plans
can be accomplished by subject matter
experts such as agency security
personnel. If these experts are not
available within your agency, seek
assistance from the U.S. Postal
Inspection Service or the Federal
Protective Service (FPS).
§ 102–192.75 Why must we have written
security policies and plans?
All Federal mail programs must
identify, prioritize, and coordinate the
protection of all mail processing
facilities in order to prevent, deter, and
mitigate the effects of deliberate efforts
to destroy, incapacitate, or exploit the
mail center or the national mail
infrastructure. Homeland Security
Presidential Directive (HSPD 7) at
https://www.fas.org/irp/offdocs/nspd/
hspd-7.html requires all agencies to
protect key resources from terrorist
attacks. All Federal mail centers are
identified as key resources under the
Postal and Shipping Sector Plan.
Further details on the plan can be found
at the Department of Homeland
Security’s (DHS) Web site.
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 102–192.80 How do we develop written
security policies and plans?
Agency mail managers must
coordinate with their agency security
service and/or the FPS or the U.S. Postal
Inspection Service to develop agency
mail security policies and plans. The
FPS has developed standards for
building construction and management,
including standards for mail centers. At
a minimum, the agency mail security
plan must address the following topics:
(a) Risk assessment;
(b) A plan to protect staff and all other
occupants of agency facilities from
hazards that might be delivered in the
mail;
(c) Operating procedures;
(d) A plan to provide a visible mail
screening operation;
(e) Training mail center personnel;
(f) Testing and rehearsing responses to
various emergency situations by agency
personnel;
(g) Managing threats;
(h) Communications plan;
(i) Occupant Emergency Plan;
(j) Continuity of Operations Plan; and
(k) Annual reviews of the agency’s
security plan.
VerDate Mar<15>2010
14:16 May 10, 2013
Jkt 229001
Reporting Requirements for All
Agencies
Performance Measurement
Requirements for All Agencies
§ 102–192.85
annually?
§ 102–192.110 At what levels in our agency
must we have performance measures?
Who must report to GSA
All agencies regardless of size must
provide an annual Mail Management
Report to GSA. If your agency is a
cabinet level or independent agency, the
agency mail manager must compile all
offices or components and submit one
report for the department or agency as
a whole, for example, the Department of
Defense or the Department of Health
and Human Services.
§ 102–192.90 What must we include in our
annual mail management report to GSA?
Your agency must provide an agencywide response to the GSA requested
data elements. GSA will provide the list
of data elements in a Federal
Management Regulation (FMR) Bulletin.
GSA coordinates all mail management
related FMR Bulletins with the Federal
Mail Executive Council and updates
them as necessary. FMR Bulletins are
available at: https://www.gsa.gov/
bulletins.
§ 102–192.95 Why does GSA require
annual mail management reports?
GSA requires annual agency mail
management reports to—
(a) Ensure that Federal agencies have
the policies, procedures, and data to
manage their mail operations efficiently
and effectively;
(b) Ensure that appropriate security
measures are in place; and
(c) Allow GSA to fulfill its
responsibilities under the Federal
Records Act, especially with regards to
sharing best practices, information on
training, and promulgating standards,
procedures, and guidelines.
§ 102–192.100 How do we submit our
annual mail management report to GSA?
You must submit annual reports using
the GSA web based Simplified Mail
Accountability Reporting Tool
(SMART). Training is available from
GSA to agency mail managers and other
authorized users on how to use the
SMART data reporting system. Contact
the Mail Management Program office for
access and training at 202–501–1777.
§ 102–192.105 When must we submit our
annual mail management report to GSA?
Your annual report is due on October
31 of each year for the previous fiscal
year.
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
You must have performance measures
for mail operations at the agency level
and in all facilities and for all program
levels.
§ 102–192.115 Why must we use
performance measures?
Performance measures gauge the
success of your mail management plans
and processes by comparing
performance over time and among
organizations. Performance measures—
(a) Define goals and objectives;
(b) Enhance resource allocation; and
(c) Provide accountability.
Agency Mail Manager Requirements
§ 102–192.120 Must we have an agency
mail manager?
Yes, every Federal agency as defined
in § 102–192.35, must have an agency
mail manager.
§ 102–192.125 What is the appropriate
managerial level for an agency mail
manager?
The agency mail manager should be at
a managerial level that enables him or
her to speak for the agency on mail
management as outlined in this part.
§ 102–192.130 What are your general
responsibilities as an agency mail
manager?
In addition to carrying out the
responsibilities mentioned above, an
agency mail manager should—
(a) Establish written policies and
procedures to provide timely and cost
effective dispatch and delivery of mail
and materials;
(b) Ensure agency-wide awareness
and compliance with standards and
operational procedures established by
all service providers used by the agency;
(c) Set policies for expedited mail,
mass mailings, mailing lists, and
couriers;
(d) Implement cost savings through:
(1) Consolidating and presorting
wherever practical, e.g., internal and
external mail, and consolidation of
agency-wide mail operations and
official mail facilities; and
(2) Reducing the volume of Federalagency to Federal-agency mail whenever
possible.
(e) Develop and direct agency
programs and plans for proper and cost
effective use of transportation,
equipment, and supplies used for mail;
(f) Ensure that all facility and program
level mail personnel receive appropriate
training and certifications to
successfully perform their assigned
duties;
E:\FR\FM\13MYP1.SGM
13MYP1
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
(g) Promote professional certification
for mail managers and mail center
employees;
(h) Ensure that expedited mail service
providers are used only when
authorized by the Private Express
Statutes, 39 U.S.C. 601–606;
(i) Establish written policies and
procedures to minimize incoming and
outgoing personal mail;
(j) Provide guidance to agency
representatives who develop
correspondence or design mailing
materials including Business Reply
Mail, letterhead, and mail piece design;
(k) Represent the agency in its
relations with service providers, other
agency mail managers, and the GSA
Office of Governmentwide Policy;
(l) Ensure agency policy incorporates
Federal hazardous materials
requirements set forth in 49 CFR parts
100–180; and
(m) Ensure agency sustainable
activities become part of the mail
program by incorporating strategies in
accordance with Executive Order 13514
of October 5, 2009 (‘‘Federal Leadership
in Environmental, Energy, and
Economic Performance’’), specifically
Sec. 8 that describes the Agency
Strategic Sustainability Performance
Plan.
Subpart C—GSA’s Responsibilities
and Services
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 102–192.135 What are GSA’s
responsibilities in mail management?
44 U.S.C 2904(b) directs the
Administrator of General Services to
provide guidance and assistance to
Federal agencies to ensure economical
and efficient records management. 44
U.S.C. 2901(2) and (4)(C) define the
processing of mail by Federal agencies
as part of records management. In
carrying out its responsibilities under
the Act, GSA is required to—
(a) Develop standards, procedures,
and guidelines;
(b) Conduct research to improve
practices and programs;
(c) Collect and disseminate
information on training programs,
technological developments, etc;
(d) Establish one or more interagency
committees (e.g., the Federal Mail
Executive Council, and the Interagency
Mail Policy Council) as necessary to
provide an exchange of information
among Federal agencies;
(e) Conduct studies, inspections, or
surveys;
(f) Promote economy and efficiency in
the selection and utilization of space,
staff, equipment, and supplies; and
(g) In the event of an emergency, at
the request of DHS, cooperate with DHS
VerDate Mar<15>2010
14:16 May 10, 2013
Jkt 229001
in communicating with agencies about
mail related issues.
§ 102–192.140 What types of support does
GSA offer to Federal agency mail
management programs?
(a) GSA supports Federal agency mail
management programs by—
(1) Assisting in the development of
agency policy and guidance in mail
management and mail operations;
(2) Identifying best business practices
and sharing them with Federal agencies;
(3) Developing and providing access
to a Governmentwide management
information system for mail;
(4) Helping agencies develop
performance measures and management
information systems for mail;
(5) Maintaining a current list of
agency mail managers;
(6) Establishing, developing, and
maintaining interagency mail
committees;
(7) Maintaining liaison with the USPS
and other service providers at the
national level;
(8) Maintaining a publically
accessible Web site for mail
communications policy; and
(9) Serving as a point of contact for all
Federal agencies on mail issues.
(b) For further information contact:
U.S. General Services Administration,
Office of Governmentwide Policy (MA),
1275 First Street NE., Washington, DC
20417; telephone 202–501–1777, or
email: Federal.mail@gsa.gov.
[FR Doc. 2013–11139 Filed 5–10–13; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 107, 108, and 109
[Docket No. USCG–2011–0992]
RIN 1625–AB78
Revision of Crane Regulation
Standards for Mobile Offshore Drilling
Units (MODUs), Offshore Supply
Vessels (OSVs), and Floating Outer
Continental Shelf (OCS) Facilities
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
revise regulations related to the design,
certification, inspection, and testing of
cranes. These regulations apply to
cranes installed on Mobile Offshore
Drilling Units (MODUs), Offshore
Supply Vessels (OSVs), and floating
Outer Continental Shelf (OCS) facilities.
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
27913
This revision would update industry
standards incorporated by reference
with more recent versions, which are
used by industry and incorporated in
Bureau of Safety and Environmental
Enforcement regulations. Additionally,
the Coast Guard proposes to revise
regulations regarding certification,
inspection, and testing of cranes by
allowing use of additional organizations
to act in lieu of Coast Guard marine
inspectors.
Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before August 12, 2013 or reach
the Docket Management Facility by that
date. Comments sent to the Office of
Management and Budget (OMB) on
collection of information must reach
OMB on or before August 12, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0992 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Collection of Information Comments:
If you have comments on the collection
of information discussed in section
VI.D. of this notice of proposed
rulemaking (NPRM), you must also send
comments to the Office of Information
and Regulatory Affairs (OIRA), Office of
Management and Budget. To ensure that
your comments to OIRA are received on
time, the preferred methods are by email
to oira_submission@omb.eop.gov
(include the docket number and
‘‘Attention: Desk Officer for Coast
Guard, DHS’’ in the subject line of the
email) or fax at 202–395–6566. An
alternate, though slower, method is by
U.S. mail to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW., Washington, DC 20503,
ATTN: Desk Officer, U.S. Coast Guard.
DATES:
E:\FR\FM\13MYP1.SGM
13MYP1
Agencies
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27908-27913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11139]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-192
[FMR Case 2008-102-4; Docket 2008-0001; Sequence 1]
RIN 3090-AI79
Federal Management Regulation (FMR); Mail Management; Financial
Requirements for All Agencies
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the Federal Management Regulation (FMR) by revising its mail
management policy. A major part of the proposed revision involves the
removal of the agency requirement to pay the United States Postal
Service (USPS) using commercial payment processes. This proposed rule
also revises the term ``commercial payment process'', removes the
definition ``large agency'', requires all agencies to provide an annual
mail management report, changes the date of the annual report, removes
the description of facility and program mail manager responsibilities,
recommends all agencies implement the process of consolidation of mail
and requires all agencies to expand existing mail security policy to
include guidance for employees receiving incoming and sending outgoing
official mail at an alternative worksite. Finally, this proposed rule
encourages agencies to increase sustainable activities in their mail
programs, and makes editorial and technical corrections. This case is
included in GSA's retrospective review of existing regulations under
Executive Order 13563. Additional information is available at
www.gsa.gov/improvingregulations.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addressees shown below on or
before July 12, 2013 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FMR Case 2008-102-4 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FMR Case
2008-102-4''. Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``FMR Case 2008-102-4'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FMR Case 2008-
102-4, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Derrick Miliner, Office of Governmentwide Policy, Mail Management
Program, at 202-273-3564, or email him at derrick.miliner@gsa.gov.
Please cite FMR case 2008-102-4. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat (MVCB),
1275 First Street NE., Washington, DC 20417, 202-501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
On June 6, 2002, GSA published an interim rule in the Federal
Register (67 FR 38899) that required all payments to the United States
Postal Service (USPS) be made using commercial payment processes, not
the Official Mail Accounting System (OMAS). The initial conversion date
of October 1, 2003, was subsequently changed to December 31, 2003 by an
amendment published in the Federal Register on September 29, 2003 (68
FR 56112). Many agencies unfortunately were not able to meet this goal.
If agencies did not convert to the commercial payment process by
that date, they were required to submit a deviation request for an
extension. If granted, the deviation could last for no longer than a
two-year period (per internal GSA policy), at which time agencies would
have to request another deviation. FMR Bulletin G-01, published in the
Federal Register on May 13, 2008 (73 FR 27540), granted a 12 month
deviation from April 11, 2008 through April 13, 2009 for conversion to
the commercial payment process. FMR Bulletin G-02 extended the period
granted in FMR Bulletin G-01 to April 13, 2010. GSA granted agencies
another automatic 12-month deviation and
[[Page 27909]]
advised agencies that had unexpired deviations that they did not need
to take any additional action because GSA was reassessing the policy.
This proposed rule reflects agency comments and GSA's proposed change
in policy, namely that agencies would not be required to switch payment
systems with the USPS.
A proposed rule was published in the Federal Register on January 9,
2009 (74 FR 870), to allow agencies a choice of methods to best show
their accountability for mail management. GSA received the following
two comments:
1. The Department of State commented that agencies should be
allowed to continue using OMAS as long as they can demonstrate savings
and detailed accountability as described in 41 CFR part 102-192. For
these reasons, the Department of State believes that deviations should
still be accepted and granted on a case by case basis.
2. The Social Security Administration proposed that GSA amend
subpart B of 41 CFR part 102-192 to include the following language:
``Agencies with locations in areas where post offices cannot support
the use of a commercial payment system shall be exempt from part 102-92
subpart B. Additionally, agencies whose mission critical operations
would be comprised [sic] by converting to a commercial payment process
shall be exempt from part 102-192 subpart B.''
The proposed rule published today reflects a new direction that
would remove the requirement to pay the USPS using only commercial
payment processes. If adopted as a final rule, agencies could continue
to pay the USPS using their existing OMAS account. This approach would
be consistent with both comments received on the proposed rule
published in the Federal Register on January 9, 2009 (74 FR 870).
Additionally, publishing this proposed rule allows the opportunity
to vet with all agencies several changes that GSA drafted in
conjunction with the Federal Mail Executive Council. This new proposed
rule allows those impacted, such as small agencies, as well as other
interested parties, a period to comment and for GSA to respond to those
comments prior to issuing a final rule.
Proposed Changes to 41 CFR Part 102-192
Accordingly, this proposed rule, if adopted as a final rule, would:
1. Remove the agency requirement to pay the USPS using commercial
payment processes and redefine the term ``commercial payment process.''
2. Remove the definition of ``large agency,'' which is defined as
an agency whose total payments to all mail service providers exceed $1
million per fiscal year.
3. With regard to the annual mail management report:
a. Require all agencies, regardless of size, to provide an annual
mail management report. For agencies previously exempt from the
reporting requirement (those below the ``large agency'' threshold) that
are newly required to report, annual reporting beginning with FY 2013
data will begin in FY 2014.
b. Amend the annual reporting date. The report would be due on
October 31 for information covering the previous fiscal year rather
than on January 15 for the previous fiscal year.
c. Require agencies to submit an annual mail management report to
the Office of Governmentwide Policy, Mail Management Policy, through
the Simplified Mail Accountability Reporting Tool (SMART).
d. Point to an FMR bulletin that details the reporting requirements
at www.gsa.gov/fmrbulletin.
4. Remove the description of facility and program mail manager
responsibilities and assign those responsibilities to the agency mail
manager, who may choose to delegate part or all of these
responsibilities.
5. Recommend all agencies implement the process of consolidation
for internal and external mail.
6. Require all agencies to expand existing mail security policy to
include guidance for employees receiving incoming and sending outgoing
official mail at an alternative worksite.
7. Encourage agencies to increase sustainable activities in their
mail programs.
8. Make editorial and technical corrections.
B. Executive Orders 12866 and 13563
Executive Order (E.O.) 12866 of September 30, 1993 (``Regulatory
Planning and Review'') and E.O. 13563 of January 18, 2011 (``Improving
Regulation and Regulatory Review'') direct agencies to assess all costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
including potential economic, environmental, public health and safety
effects, distributive impacts, and equity. E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This proposed rule
is not a significant regulatory action and, therefore, is not subject
to review under Section 6(b) of E.O. 12866. This proposed rule is not a
major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed rule is
also exempt from the Administrative Procedure Act per 5 U.S.C.
553(a)(2) because it applies to agency management or personnel.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this proposed
rule does not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates solely to agency management or personnel.
List of Subjects in 41 CFR Part 102-192
Government contracts, Mail, Performance measurement, Records
management, Reporting recordkeeping requirements, and Security.
Dated: May 1, 2013.
Kathleen M. Turco,
Associate Administrator, Office of Governmentwide Policy.
For the reasons set forth in the preamble, GSA proposes to revise
41 CFR part 102-192 to read as follows:
PART 102-192--MAIL MANAGEMENT
Subpart A--Introduction to This Part
Sec.
102-192.5 What does this part cover?
102-192.10 What authority governs this part?
102-192.15 How are ``I'', ``you'', ``me'', ``we'', and ``us'' used
in this part?
102-192.20 How are ``must'' and ``should'' used in this part?
102-192.25 Does this part apply to me?
102-192.30 To what types of mail and materials does this part apply?
102-192.35 What definitions apply to this part?
102-192.40 Where can we obtain more information about the classes of
mail?
102-192.45 How can we request a deviation from these requirements,
and who can approve it?
[[Page 27910]]
Subpart B--Agency Requirements
Financial Requirements for All Agencies
102-192.50 What payment processes are we required to use?
102-192.55 Why must we use these payment processes?
102-192.60 How do we implement these payment processes?
102-192.65 What features must our finance systems have to keep track
of mail expenditures?
Security Requirements for All Agencies
102-192.70 What security policies and plans must we have?
102-192.75 Why must we have written security policies and plans?
102-192.80 How do we develop written security policies and plans?
Reporting Requirements for All Agencies
102-192.85 Who must report to GSA annually?
102-192.90 What must we include in our annual mail management report
to GSA?
102-192.95 Why does GSA require annual mail management reports?
102-192.100 How do we submit our annual mail management report to
GSA?
102-192.105 When must we submit our annual mail management report to
GSA?
Performance Measurement Requirements for All Agencies
102-192.110 At what levels in our agency must we have performance
measures?
102-192.115 Why must we use performance measures?
Agency Mail Manager Requirements
102-192.120 Must we have an agency mail manager?
102-192.125 What is the appropriate managerial level for an agency
mail manager?
102-192.130 What are your general responsibilities as an agency mail
manager?
Subpart C--GSA's Responsibilities and Services
102-192.135 What are GSA's responsibilities in mail management?
102-192.140 What types of support does GSA offer to Federal agency
mail management programs?
Authority: 44 U.S.C. 2901-2904.
Subpart A--Introduction to This Part
Sec. 102-192.5 What does this part cover?
This part prescribes policy and requirements for the effective,
economical, and secure management of incoming, internal and outgoing
mail and materials in Federal agencies.
Sec. 102-192.10 What authority governs this part?
This part is governed by Section 2 of Public Law 94-575, the
Federal Records Management Amendments of 1976 (44 U.S.C. 2901-2904, as
amended, that requires the Administrator of General Services to provide
guidance and assistance to Federal agencies to ensure economical and
effective records management and defines the processing of mail by
Federal agencies as a records management activity.
Sec. 102-192.15 How are ``I'', ``you'', ``me'', ``we'', and ``us''
used in this part?
In this part, ``I,'' ``me,'' and ``you'' in the singular refer to
agency mail managers. The context makes it clear which usage is
intended in each case. ``We,'' ``us,'' and ``you'' in the plural refer
to your Federal agency.
Sec. 102-192.20 How are ``must'' and ``should'' used in this part?
In this part--
(a) ``Must'' identifies steps that Federal agencies are required to
take; and
(b) ``Should'' identifies steps that the GSA recommends.
Note to Sec. 102-192.20: In their internal policy statements,
agencies may require steps that GSA recommends.
Sec. 102-192.25 Does this part apply to me?
Yes, this part applies to you if you work in mail management in a
Federal agency, as defined in Sec. 102-192.35.
Sec. 102-192.30 To what types of mail and materials does this part
apply?
(a) This part applies to all materials that pass through a Federal
mail center, including all incoming and outgoing materials, regardless
of whether or not they currently pass through a mail center. This
includes:
(1) First Class Mail;
(2) Standard Mail;
(3) Periodicals;
(4) Package Services; and
(5) Express Mail.
(b) This part does not apply to shipments of parts or supplies from
a material distribution center. A material distribution center is a
warehouse that maintains and distributes an inventory of parts and
supplies.
Sec. 102-192.35 What definitions apply to this part?
The following definitions apply to this part:
Accountable mail means any piece of mail for which a service
provider and the mail center must maintain a record that shows where
the mail piece is at any given time, and when and where it was
delivered; examples include United States Postal Service (USPS)
registered mail and all expedited mail.
Agency mail manager means the person who manages the overall mail
management program of a Federal agency.
Class of mail means one of the five categories of domestic mail as
defined by the Mailing Standards of the USPS in the Domestic Mail
Manual (DMM) located at https://pe.usps.gov/.
(1) Express mail;
(2) First class (includes priority mail);
(3) Periodicals;
(4) Standard mail, bulk marketing mail; and
(5) Package services.
Commercial payment process means paying for postage using the
United States Postal Service's Centralized Account Processing System.
Commingling means combining outgoing mail from one facility or
agency with outgoing mail from at least one other source.
Consolidation means the process of combining into a container two
or more pieces of mail directed to the same addressee or installation
on the same day.
Consolidation of facilities means the process of combining more
than one mail center into a central location. The decision to
consolidate should be based on a cost analysis comparing the projected
cost savings to the costs of implementation.
Expedited mail means mail designated for overnight and two or three
day delivery by service providers. Examples of expedited mail include
Dalsey, Hillblom, Lynn (DHL); Federal Express (FedEx); United Parcel
Service (UPS); and United States Postal Service (USPS) express mail.
Federal agency or agency, as defined in 44 U.S.C. 2901(14), means--
(1) Any executive department as defined in 5 U.S.C. 101;
(2) Any wholly owned Government corporation as defined in 31 U.S.C.
9101;
(3) Any independent establishment in the executive branch as
defined in 5 U.S.C. 104; and
(4) Any establishment in the legislative or judicial branch, except
the Supreme Court, the Senate, the House of Representatives, the
Architect of the Capitol, and all activities under the direction of the
Architect of the Capitol.
Federal facility or facility means any office building,
installation, base, etc., where Federal agency employees work. This
includes any facility where the Federal Government pays postage
expenses even though few or no Federal employees are involved in
processing the mail.
Incoming mail means any mail that comes into a facility delivered
by any service provider, such as DHL, FedEx, UPS, and USPS.
Internal mail means mail generated within a Federal facility that
is
[[Page 27911]]
delivered within that facility or to a nearby facility of the same
agency, so long as it is delivered by agency personnel or an agency
contractor.
Mail means the types of mail described in Sec. 102-192.30.
Mail center means an organization and/or place, within or
associated with a Federal facility, where incoming and/or outgoing
Federal mail and materials are processed.
Mail expenditures means direct expenses for postage, fees and
services and all other mail costs, meter fees, permit fees, etc. (e.g.,
payments to service providers, mail center personnel costs, mail center
overhead, etc.).
Mail piece design means creating and printing items to be mailed so
that they can be processed efficiently and effectively by automated
mail processing equipment.
Official Mail means incoming or outgoing mail that is related to
official business of the Federal Government.
Official Mail Accounting System (OMAS) means the USPS government
specific system used to track postage.
Outgoing mail means mail generated within a Federal facility that
is going outside that facility.
Personal mail means incoming or outgoing mail that is not related
to official business of the Federal Government.
Postage means payment for delivery service that is affixed or
imprinted to a mail piece usually in the form of a postage stamp,
permit, imprint, or meter impression.
Presort means a mail preparation process used to receive a
discounted mail rate by sorting mail according to USPS standards.
Program level means a component, bureau, regional office and/or a
facility that generates outgoing mail.
Service provider means any agency or company that delivers
materials and mail. Some examples of service providers are DHL, FedEx,
UPS, USPS, courier services, the Department of Defense, the Department
of State's Diplomatic Pouch and Mail Division, and other Federal
agencies providing mail services.
Sustainability and Sustainable mean to create and maintain
conditions under which humans and nature can exist in productive
harmony, that permit fulfilling the social, economic, and other
requirements of present and future generations.
Telework means a work flexibility arrangement under which an
employee performs the duties and responsibilities of such employee's
position, and other authorized activities, from an approved worksite
other than the location from which the employee would otherwise work.
Unauthorized use of agency postage means the use of penalty or
commercial mail stamps, meter impressions, or other postage indicia for
personal or unofficial use.
Worksharing is one way of processing outgoing mail so that the mail
qualifies for reduced postage rates. Examples of worksharing include
presorting, bar coding, consolidating, and commingling.
Sec. 102-192.40 Where can we obtain more information about the
classes of mail?
You can learn more about mail classes in the Domestic Mail Manual
(DMM). The DMM is available online at https://pe.usps.gov or you can
order a copy from: Superintendent of Documents, U.S. Government
Printing Office, P.O. Box 979050, St. Louis, MO 63197-9000.
Sec. 102-192.45 How can we request a deviation from these
requirements, and who can approve it?
See Sec. Sec. 102-2.60 through 102-2.110 of this chapter to
request a deviation from the requirements of this part. The
Administrator of General Services and those to whom the Administrator
has delegated such authority have the power to approve or deny a
deviation.
Subpart B--Agency Requirements
Financial Requirements for All Agencies
Sec. 102-192.50 What payment processes are we required to use?
(a) All payments to the USPS must be made using either--
(1) The U.S. Treasury Intergovernmental Payment and Collection
Payment (IPAC) process associated with the Official Mail Accounting
System (OMAS), or
(2) The USPS Centralized Account Processing System (CAPS)
associated with commercial payments.
(b) Payments made to service providers other than USPS must be made
by U.S. Treasury payment methods such as automated clearing house-
electronic funds transfer or a Personal Identification Number (PIN)
based debit card.
Sec. 102-192.55 Why must we use these payment processes?
In accordance with 44 U.S.C. 2904, GSA is required to standardize
and improve accountability with respect to records management,
including Federal mail management.
Sec. 102-192.60 How do we implement these payment processes?
Guidance on implementing payment processes can be found at https://www.fms.treas.gov/.
Sec. 102-192.65 What features must our finance systems have to keep
track of mail expenditures?
All agencies must have an accountable system for making postage
payments; that is, a system that allocates postage expenses at the
program level within the agency and makes program level managers
accountable for obligating and tracking those expenses. The agency will
have to determine the appropriate program level for this requirement
because the level at which it is cost beneficial differs widely. The
agency's finance systems should track all mail expenditures separately
to the program level or below, and should--
(a) Show expenses for postage and all other mail expenditures,
payments to service providers, etc., separate from all other
administrative expenses;
(b) Allow mail centers to establish systems to charge their
customers for mail expenditures; and
(c) Identify and charge the mail expenditures that are part of
printing contracts down to the program level.
Security Requirements for All Agencies
Sec. 102-192.70 What security policies and plans must we have?
(a) Agencies must have a written mail security policy that applies
throughout your agency.
(b) Agencies also must have a written mail security plan for each
facility that processes mail, regardless of the facility's mail volume.
(c) Agencies must have a security policy for employees receiving
incoming and sending outgoing mail at an alternative worksite, such as
a telework center.
(d) The scope and level of detail of each facility mail security
plan should be commensurate with the size and responsibilities of each
facility. For small facilities, agencies may use a general plan for
similar locations. For larger locations, agencies must develop a plan
that is specifically tailored to the threats and risks at your
location. Agencies should determine which facilities they consider are
small and large for the purposes of this section, so long as the basic
requirements for a security plan are met at every facility.
(e) All mail managers are required to report annually the status of
their mail security plans to agency headquarters. At a minimum, this
report should assure that all mail security plans complies with the
requirements of this part,
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including annual review by a subject matter expert and regular
rehearsal of responses to various emergency situations by facility
personnel.
(f) A security professional who has expertise in mail center
security should review the agency's mail security plan and policies
annually to include identification of any deficiencies. Review of
facility mail security plans can be accomplished by subject matter
experts such as agency security personnel. If these experts are not
available within your agency, seek assistance from the U.S. Postal
Inspection Service or the Federal Protective Service (FPS).
Sec. 102-192.75 Why must we have written security policies and plans?
All Federal mail programs must identify, prioritize, and coordinate
the protection of all mail processing facilities in order to prevent,
deter, and mitigate the effects of deliberate efforts to destroy,
incapacitate, or exploit the mail center or the national mail
infrastructure. Homeland Security Presidential Directive (HSPD 7) at
https://www.fas.org/irp/offdocs/nspd/hspd-7.html requires all agencies
to protect key resources from terrorist attacks. All Federal mail
centers are identified as key resources under the Postal and Shipping
Sector Plan. Further details on the plan can be found at the Department
of Homeland Security's (DHS) Web site.
Sec. 102-192.80 How do we develop written security policies and
plans?
Agency mail managers must coordinate with their agency security
service and/or the FPS or the U.S. Postal Inspection Service to develop
agency mail security policies and plans. The FPS has developed
standards for building construction and management, including standards
for mail centers. At a minimum, the agency mail security plan must
address the following topics:
(a) Risk assessment;
(b) A plan to protect staff and all other occupants of agency
facilities from hazards that might be delivered in the mail;
(c) Operating procedures;
(d) A plan to provide a visible mail screening operation;
(e) Training mail center personnel;
(f) Testing and rehearsing responses to various emergency
situations by agency personnel;
(g) Managing threats;
(h) Communications plan;
(i) Occupant Emergency Plan;
(j) Continuity of Operations Plan; and
(k) Annual reviews of the agency's security plan.
Reporting Requirements for All Agencies
Sec. 102-192.85 Who must report to GSA annually?
All agencies regardless of size must provide an annual Mail
Management Report to GSA. If your agency is a cabinet level or
independent agency, the agency mail manager must compile all offices or
components and submit one report for the department or agency as a
whole, for example, the Department of Defense or the Department of
Health and Human Services.
Sec. 102-192.90 What must we include in our annual mail management
report to GSA?
Your agency must provide an agency-wide response to the GSA
requested data elements. GSA will provide the list of data elements in
a Federal Management Regulation (FMR) Bulletin. GSA coordinates all
mail management related FMR Bulletins with the Federal Mail Executive
Council and updates them as necessary. FMR Bulletins are available at:
https://www.gsa.gov/bulletins.
Sec. 102-192.95 Why does GSA require annual mail management reports?
GSA requires annual agency mail management reports to--
(a) Ensure that Federal agencies have the policies, procedures, and
data to manage their mail operations efficiently and effectively;
(b) Ensure that appropriate security measures are in place; and
(c) Allow GSA to fulfill its responsibilities under the Federal
Records Act, especially with regards to sharing best practices,
information on training, and promulgating standards, procedures, and
guidelines.
Sec. 102-192.100 How do we submit our annual mail management report
to GSA?
You must submit annual reports using the GSA web based Simplified
Mail Accountability Reporting Tool (SMART). Training is available from
GSA to agency mail managers and other authorized users on how to use
the SMART data reporting system. Contact the Mail Management Program
office for access and training at 202-501-1777.
Sec. 102-192.105 When must we submit our annual mail management
report to GSA?
Your annual report is due on October 31 of each year for the
previous fiscal year.
Performance Measurement Requirements for All Agencies
Sec. 102-192.110 At what levels in our agency must we have
performance measures?
You must have performance measures for mail operations at the
agency level and in all facilities and for all program levels.
Sec. 102-192.115 Why must we use performance measures?
Performance measures gauge the success of your mail management
plans and processes by comparing performance over time and among
organizations. Performance measures--
(a) Define goals and objectives;
(b) Enhance resource allocation; and
(c) Provide accountability.
Agency Mail Manager Requirements
Sec. 102-192.120 Must we have an agency mail manager?
Yes, every Federal agency as defined in Sec. 102-192.35, must have
an agency mail manager.
Sec. 102-192.125 What is the appropriate managerial level for an
agency mail manager?
The agency mail manager should be at a managerial level that
enables him or her to speak for the agency on mail management as
outlined in this part.
Sec. 102-192.130 What are your general responsibilities as an agency
mail manager?
In addition to carrying out the responsibilities mentioned above,
an agency mail manager should--
(a) Establish written policies and procedures to provide timely and
cost effective dispatch and delivery of mail and materials;
(b) Ensure agency-wide awareness and compliance with standards and
operational procedures established by all service providers used by the
agency;
(c) Set policies for expedited mail, mass mailings, mailing lists,
and couriers;
(d) Implement cost savings through:
(1) Consolidating and presorting wherever practical, e.g., internal
and external mail, and consolidation of agency-wide mail operations and
official mail facilities; and
(2) Reducing the volume of Federal-agency to Federal-agency mail
whenever possible.
(e) Develop and direct agency programs and plans for proper and
cost effective use of transportation, equipment, and supplies used for
mail;
(f) Ensure that all facility and program level mail personnel
receive appropriate training and certifications to successfully perform
their assigned duties;
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(g) Promote professional certification for mail managers and mail
center employees;
(h) Ensure that expedited mail service providers are used only when
authorized by the Private Express Statutes, 39 U.S.C. 601-606;
(i) Establish written policies and procedures to minimize incoming
and outgoing personal mail;
(j) Provide guidance to agency representatives who develop
correspondence or design mailing materials including Business Reply
Mail, letterhead, and mail piece design;
(k) Represent the agency in its relations with service providers,
other agency mail managers, and the GSA Office of Governmentwide
Policy;
(l) Ensure agency policy incorporates Federal hazardous materials
requirements set forth in 49 CFR parts 100-180; and
(m) Ensure agency sustainable activities become part of the mail
program by incorporating strategies in accordance with Executive Order
13514 of October 5, 2009 (``Federal Leadership in Environmental,
Energy, and Economic Performance''), specifically Sec. 8 that describes
the Agency Strategic Sustainability Performance Plan.
Subpart C--GSA's Responsibilities and Services
Sec. 102-192.135 What are GSA's responsibilities in mail management?
44 U.S.C 2904(b) directs the Administrator of General Services to
provide guidance and assistance to Federal agencies to ensure
economical and efficient records management. 44 U.S.C. 2901(2) and
(4)(C) define the processing of mail by Federal agencies as part of
records management. In carrying out its responsibilities under the Act,
GSA is required to--
(a) Develop standards, procedures, and guidelines;
(b) Conduct research to improve practices and programs;
(c) Collect and disseminate information on training programs,
technological developments, etc;
(d) Establish one or more interagency committees (e.g., the Federal
Mail Executive Council, and the Interagency Mail Policy Council) as
necessary to provide an exchange of information among Federal agencies;
(e) Conduct studies, inspections, or surveys;
(f) Promote economy and efficiency in the selection and utilization
of space, staff, equipment, and supplies; and
(g) In the event of an emergency, at the request of DHS, cooperate
with DHS in communicating with agencies about mail related issues.
Sec. 102-192.140 What types of support does GSA offer to Federal
agency mail management programs?
(a) GSA supports Federal agency mail management programs by--
(1) Assisting in the development of agency policy and guidance in
mail management and mail operations;
(2) Identifying best business practices and sharing them with
Federal agencies;
(3) Developing and providing access to a Governmentwide management
information system for mail;
(4) Helping agencies develop performance measures and management
information systems for mail;
(5) Maintaining a current list of agency mail managers;
(6) Establishing, developing, and maintaining interagency mail
committees;
(7) Maintaining liaison with the USPS and other service providers
at the national level;
(8) Maintaining a publically accessible Web site for mail
communications policy; and
(9) Serving as a point of contact for all Federal agencies on mail
issues.
(b) For further information contact: U.S. General Services
Administration, Office of Governmentwide Policy (MA), 1275 First Street
NE., Washington, DC 20417; telephone 202-501-1777, or email:
Federal.mail@gsa.gov.
[FR Doc. 2013-11139 Filed 5-10-13; 8:45 am]
BILLING CODE 6820-14-P