Federal Management Regulation (FMR); Mail Management; Requirements for Agencies, 33477-33482 [2014-13592]
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
international agency, or other
organization; or
(3) Use of a foreign air carrier is
determined to be a matter of necessity
by your agency, on a case-by-case basis,
when:
(i) No U.S. flag air carrier can provide
the specific air transportation needed;
(ii) No U.S. flag air carrier can meet
the time requirements in cases of
emergency;
(iii) There is a lack of or inadequate
U.S. flag air carrier aircraft;
(iv) There is an unreasonable risk to
safety when using a U.S. flag carrier
aircraft (e.g., terrorist threats). Written
approval of the use of foreign air carrier
service based on an unreasonable risk to
safety must be approved by your agency
on a case-by-case basis and must be
supported by a travel advisory notice
issued by the Federal Aviation
Administration, Department of State, or
the Transportation Security
Administration; or
(v) No U.S. flag air carrier can
accomplish the agency’s mission.
(b) Ocean cargo: International
movement of property by water is
subject to the Cargo Preference Act of
1954, as amended, 46 U.S.C. 55305, and
the implementing regulations found at
46 CFR Part 381, which require the use
of a U.S. flag carrier for 50% of the
tonnage shipped by each Department or
Agency when service is available. The
Maritime Administration (MARAD)
monitors agency compliance with these
laws. All Departments or Agencies
shipping Government-impelled cargo
must comply with the provisions of 46
CFR 381.3. For further information
contact MARAD, Tel: 1–800–996–2723,
Email: cargo.marad@dot.gov. For further
information on international ocean
shipping, go to: https://
www.marad.dot.gov/cargopreference.
[FR Doc. 2014–13652 Filed 6–10–14; 8:45 am]
BILLING CODE 6820–14–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–192
[Change 2014–02; FMR Case 2008–102–4;
Docket 2008–0001; Sequence 7]
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RIN 3090–AI79
Federal Management Regulation
(FMR); Mail Management;
Requirements for Agencies
Office of Asset and
Transportation Management (MA),
Office of Government-wide Policy
(OGP), GSA.
ACTION: Final rule.
AGENCY:
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The U.S. General Services
Administration (GSA) is amending the
Federal Management Regulation (FMR)
by revising its mail management policy.
This amendment revises the term
‘‘commercial payment process’’ and
removes the requirement that agencies
pay the United States Postal Service
(USPS) using only commercial payment
processes. This final rule changes the
date of the annual mail management
report, removes the description of
facility and program mail manager
responsibilities, and requires all
agencies to expand existing mail
security policy to include guidance for
employees receiving incoming and
sending outgoing official mail at
alternative worksites. Finally, this final
rule encourages agencies to implement
the process of mail consolidation,
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.
DATES: Effective: August 11, 2014.
ADDRESSES: Additional information is
available at www.gsa.gov/
improvingregulations.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Linda
Willoughby, Office of Government-wide
Policy, Mail Management Policy, at
202–219–1083, or by email at
linda.willoughby@gsa.gov. Please cite
FMR case 2008–102–4. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat (MVCB), 1800 F Street NW.,
Washington, DC 20405, 202–501–4755.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
GSA is amending this regulation to
reverse an interim rule first issued on
June 6, 2002, in the Federal Register (67
FR 38896) that required all payments to
the United States Postal Service (USPS)
to be made using commercial payment
processes, not the Official Mail
Accounting System (OMAS). As a result
of agency comments and waiver
requests received, it became clear that
many agencies were unable to move to
commercial payment. Additionally,
enhancements in OMAS allowed for
accountability to agencies at the
program level, which is important for
cost containment. This rule allows
agencies to pay the USPS using
commercial payment processes, their
existing OMAS account, or a
combination of the two. This approach
is consistent with comments received
on the proposed rule published in the
Federal Register on January 9, 2009 (74
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33477
FR 870). In addition, this rule
incorporates several changes that GSA
drafted in conjunction with the Federal
Mail Executive Council.
A proposed rule was published in the
Federal Register on May 13, 2013 (FMR
Case 2008–102–4 at 78 FR 27908), that
received 11 comments. Of these, 9
comments recommended keeping the
annual reporting threshold for agencies
with mail expenditures of $1 million or
more (‘‘large agencies’’). GSA concurs
with these comments and kept the
reporting requirement for large agencies
for two reasons. First, the current
reporting from large agencies is thought
to represent over 95 percent of mail
expenditures. This is sufficient for the
development of data-driven policy.
Second, the reporting requirement
would be too burdensome for small
agencies and would be costly. Members
of the Small Agency Council (SAC)
submitted 7 of 9 comments requesting to
retain the large agency reporting
requirement. SAC members have 6,000
or fewer employees. According to SAC,
about 33 percent of the 90 agencies are
micro-agencies with less than 100
employees and have mail expenditures
under $20,000. Thus, GSA agrees that
the proposed, expanded reporting
requirement would be too burdensome
on small agencies with low mail
expenditures.
Three comments were received on
commercial payment. As the proposed
change was to allow payment to the
USPS from either commercial or
through OMAS, the request for GSA to
continue accepting deviation requests
for OMAS is unnecessary. The
definition of payment to non-USPS
service providers was expanded in
response to one comment received that
the current definition was too limited.
One commenter requested that GSA
retain roles and responsibilities of the
mail program and center managers in
the regulation. GSA does not adopt this
request as the information was
duplicative and best used as a guide, as
the requestor indicated. Lastly, GSA
adopted some editorial comments and
has addressed these comments below in
the ‘‘Changes to the Current FMR’’
section.
Two comments received were in
support of keeping the consolidation of
internal and external mail operations, as
well as, supporting the sustainability
activities in the mail program by
incorporating strategies in accordance
with Executive Order 13514. GSA
appreciates these comments.
B. Changes to the Current FMR
This final rule:
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1. Removes the agency requirement to
pay the USPS using only commercial
payment processes and redefines the
term ‘‘commercial payment process.’’
2. Beginning in fiscal year (FY) 2014,
revises the annual mail management
reporting date from January 15 to
October 31.
3. Requires large agencies with
expenditures of $1 million or greater to
submit an annual mail management
report to GSA’s Office of Governmentwide Policy, Mail Management Policy,
through the Simplified Mail
Accountability Reporting Tool
(SMART).
4. Refers to an FMR bulletin that
details the reporting requirements at
www.gsa.gov/fmrbulletin.
5. Removes the description of facility
and program mail manager
responsibilities.
6. Recommends all agencies
implement the process of consolidation
for internal and external mail.
7. 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.
8. Encourages agencies to increase
sustainable activities in their mail
programs.
9. Makes editorial and technical
corrections.
C. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 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 is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
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D. Regulatory Flexibility Act
This final 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
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.
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E. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
Federal Management Regulation do 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.
F. Small Business Regulatory
Enforcement Fairness Act
This final 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: April 3, 2014.
Dan Tangherlini,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA revises 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?
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?
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Reporting Requirements
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
§ 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.
§ 102–192.10
part?
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
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.
§ 102–192.15 How are ‘‘I,’’ ‘‘you,’’ ‘‘me,’’
‘‘we,’’ and ‘‘us’’ used in this part?
In this part, ‘‘I,’’ ‘‘me,’’ and ‘‘you’’
refer to the agency mail manager, a
person working in a Federal mail
operation, or the agency itself. Where
the context does not make it entirely
clear which is meant, the meaning is
spelled out the first time a pronoun is
used in the section. ‘‘We,’’ ‘‘us,’’ and
‘‘you’’ in the plural refer to your Federal
agency.
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§ 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. 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. 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.
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§ 102–192.35
part?
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 of accountable
mail 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/. These
include:
(1) Express mail;
(2) First class (includes priority mail);
(3) Periodicals;
(4) Standard mail, bulk business mail;
and
(5) Package services.
Commercial payment process means
paying for postage using the United
States Postal Service’s Centralized
Account Processing System or another
payment approach used by the private
sector.
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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 cost of
implementation.
Expedited mail means mail
designated for overnight and 2- or 3-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) An executive agency, which
includes:
(i) Any executive department as
defined in 5 U.S.C. 101;
(ii) Any wholly owned Government
corporation as defined in 31 U.S.C.
9101;
(iii) Any independent establishment
in the executive branch as defined in 5
U.S.C. 104; and
(2) Any establishment in the
legislative or judicial branch of the
Government, except the Supreme Court,
the Senate, the U.S. House of
Representatives, the Architect of the
Capitol, and any 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
delivered within that facility or to a
nearby facility of the same agency, so
long as it is delivered by agency
personnel.
Large agency means a Federal agency
whose collective total payments to all
mail service providers equals or exceeds
$1 million per fiscal year.
Mail means that as described in
§ 102–192.30.
Mail center means an organization
and/or place, within or associated with
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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).
Mail piece design means creating and
printing items to be mailed so that they
can be processed efficiently and
effectively by USPS 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 Governmentspecific 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 U.S. Department of
Defense, the U.S. Department of State’s
Diplomatic Pouch and Mail Division,
and other Federal agencies providing
mail services.
Sustainability/Sustainable means to
create and maintain conditions under
which humans and nature can exist in
productive harmony. Sustainability
efforts seek to fulfill the social,
economic, and environmental needs of
present and future generations.
Telework means a flexible work
arrangement under which an employee
performs assigned duties and
responsibilities, and other authorized
activities, from an approved alternate
location.
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 (e.g.,
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presorting, bar coding, consolidating,
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.
Security Requirements for All Agencies
Subpart B—Agency Requirements
§ 102–192.70 What security policies and
plans must we have?
Financial Requirements for All
Agencies
§ 102–192.50 What payment processes are
we required to use?
(a) You must pay the USPS using one
or more of the following:
(1) The U.S. Treasury
Intergovernmental Payment and
Collection Payment (IPAC) process
associated with the Official Mail
Accounting System (OMAS);
(2) The USPS Centralized Account
Processing System (CAPS) associated
with commercial payments; or
(3) Another Treasury approved means
of paying the USPS.
(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
another Treasury approved means of
paying the vendor.
§ 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 the Intragovernmental Payment and Collection
System can be found at: https://
www.fms.treas.gov/ipac/.
§ 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
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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.
(a) Agencies must have a written mail
security policy that applies throughout
your agency.
(b) Agencies 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 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
annually report the status of their mail
security plans to agency headquarters.
At a minimum, these reports should
assure that all mail security plans
comply with the requirements of this
part, 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.
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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
(https://postalinspectors.uspis.gov/) or
the Federal Protective Service (FPS)
(https://www.dhs.gov/federal-protectiveservice).
§ 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 at https://
www.dhs.gov/.
§ 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
§ 102–192.85
annually?
Who must report to GSA
Large agencies, as defined in § 102–
192.35, must provide an annual Mail
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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 U.S.
Department of Defense or the U.S.
Department of Health and Human
Services.
§ 102–192.90 What must we include in our
annual mail management report to GSA?
You 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.
§ 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 regard 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 Office of Government-wide Policy,
Mail Management Policy office for
access and training at federal.mail@
gsa.gov.
§ 102–192.105 When must we submit our
annual mail management report to GSA?
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Beginning with FY 2014, the agency’s
annual mail management report is due
on October 31 following the end of the
fiscal year.
Performance Measurement
Requirements for All Agencies
§ 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 mail facilities and program
levels.
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§ 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 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 discussed above, you
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, for example,
internal and external mail, and
consolidation of agency-wide mail
operations and official mail facilities;
and
(2) Reducing the volume of agency to
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;
(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;
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33481
(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 GSA’s Office
of Government-wide Policy;
(l) Ensure agency policy incorporates
Federal hazardous materials
requirements set forth in 49 CFR parts
100–185;
(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’’. Section 8
describes the Agency Strategic
Sustainability Performance Plan; and
(n) Ensure safety and security
requirements specified in §§ 102–192.70
through 102–192.80 are fulfilled.
Subpart C—GSA’s Responsibilities
and Services
§ 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 (such as 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.
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
§ 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 Government-wide 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 Government-wide Policy (MA),
1800 F Street NW., Washington, DC
20504; telephone 202–501–1777, or
email: Federal.mail@gsa.gov.
[FR Doc. 2014–13592 Filed 6–10–14; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 10
[NPS–WASO–NAGPRA–15507;
PPWOCRADN0, PCU00RP14.R50000]
RIN 1024–AD98
Native American Graves Protection
and Repatriation Act Regulations,
Definition of Indian Tribe
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
The Department is confirming
the interim final rule published and
effective on July 5, 2011, removing the
definition of Indian tribe because it is
inconsistent with the statutory
definition of that term. The July 5, 2011,
publication stated that we would review
comments on the interim final rule and
either confirm the rule or initiate a
proposed rulemaking. We are
confirming the rule without change.
DATES: Effective Date: June 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Mail: Dr. Sherry Hutt, Manager, National
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SUMMARY:
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15:10 Jun 10, 2014
Jkt 232001
NAGPRA Program, National Park
Service, 1849 C Street NW.,
Washington, DC 20240, or by telephone:
(202) 354–1479; facsimile: (202) 371–
5197; or email: sherry_hutt@nps.gov.
SUPPLEMENTARY INFORMATION:
Authority
The Secretary of the Interior is
responsible for implementing the Native
American Graves Protection and
Repatriation Act (NAGPRA or Act) (25
U.S.C. 3001 et seq.), including the
issuing of appropriate regulations that
interpret the provisions of the Act.
Background
The Act addresses the rights of lineal
descendants, Indian tribes, and Native
Hawaiian organizations to certain
Native American human remains,
funerary objects, sacred objects, and
objects of cultural patrimony. The Act
defines Indian tribe as any tribe, band,
nation, or other organized group or
community of Indians, including any
Alaska Native village (as defined in, or
established pursuant to, the Alaska
Native Claims Settlement Act) (43
U.S.C. 1601 et seq.), which is recognized
as eligible for the special programs and
services provided by the United States
to Indians because of their status as
Indians (25 U.S.C. 3001(7)).
The Department of the Interior
(Department) published the initial rule
to implement the Act on December 4,
1995 (60 FR 62158). That rule defined
Indian tribe to include, in addition to
any Alaska Native village, any Alaska
Native corporation.
From July 2009 to July 2010, at the
request of Congress, the Government
Accountability Office (GAO) conducted
a performance audit to address the
status of NAGPRA implementation
among Federal agencies. In its report,
‘‘Native American Graves Protection
and Repatriation Act: After Almost 20
Years, Key Federal Agencies Still Have
Not Fully Complied with the Act’’
(Report no. GAO–10–768 (July 2010))
the GAO recommended, among other
things, that the National NAGPRA
Program, in conjunction with the
Department’s Office of the Solicitor,
reassess whether any Alaska Native
corporations should be considered as
‘‘eligible entities for purposes of
carrying out NAGPRA . . .’’ (GAO
Report, at 55).
The recommendation and analysis in
the report created significant
uncertainty on the part of museums and
Federal agencies concerning the status
of Alaska Native corporations under
NAGPRA. The Department received a
number of questions including whether
Alaska Native corporations may assert
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claims for human remains and other
cultural items; whether the NAGPRA
requirements for consultation with
Indian tribes apply to Alaska Native
corporations; whether Alaska Native
corporations are authorized under the
law to bring matters to the NAGPRA
Review Committee; and whether Alaska
Native Corporations can be recipients of
grants authorized by NAGPRA.
To address these questions, and as
recommended by GAO, the
Department’s Office of the Solicitor
examined the legal basis for the existing
regulatory provision that included
Alaska Native corporations as Indian
tribes under the Act. The opinion of the
Solicitor’s Office is posted on the
National NAGPRA Program’s Web site
at https://www.nps.gov/history/nagpra.
The Solicitor’s Office found that in
the Act, Congress did not adopt the
definition of Indian tribe as it is defined
in the Indian Self-Determination and
Education Assistance Act (ISDEAA) (25
U.S.C. 450b). Although the ISDEAA
definition includes Alaska Native
corporations, the NAGPRA definition
does not. According to the legislative
history of NAGPRA, the definition of
Indian tribe in the Act was deliberately
changed from that in the ISDEAA in
order to ‘‘delete [ ] land owned by any
Alaska Native Corporation from being
considered as ‘tribal land’ (136 Cong.
Rec. 36,815 (1990)). Accordingly, the
Solicitor’s Office recommended that the
regulatory definition of Indian tribe be
changed to conform to the statutory
definition.
In response to the Solicitor’s Office
recommendation, the Department
published an interim final rule that
removed and reserved paragraph (b)(2)
of 43 CFR 10.2 that had contained the
regulatory definition of Indian tribe (76
FR 39007, July 5, 2011). The interim
final rule also contained a request for
comments, and for good cause made the
interim final rule effective upon
publication in the Federal Register.
This good-cause finding was based on
the uncertainty caused by the July 2010
GAO NAGPRA report and the need to
ensure compliance with the
requirements of the Act. Since then, the
Department has been using only the
statutory definition of Indian tribe to
implement the Act.
We received one written comment
during the 60-day comment period from
one member of the public. The
commenter supported the removal of
the definition of Indian tribe.
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]]>Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33477-33482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13592]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-192
[Change 2014-02; FMR Case 2008-102-4; Docket 2008-0001; Sequence 7]
RIN 3090-AI79
Federal Management Regulation (FMR); Mail Management;
Requirements for Agencies
AGENCY: Office of Asset and Transportation Management (MA), Office of
Government-wide Policy (OGP), GSA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. General Services Administration (GSA) is amending the
Federal Management Regulation (FMR) by revising its mail management
policy. This amendment revises the term ``commercial payment process''
and removes the requirement that agencies pay the United States Postal
Service (USPS) using only commercial payment processes. This final rule
changes the date of the annual mail management report, removes the
description of facility and program mail manager responsibilities, and
requires all agencies to expand existing mail security policy to
include guidance for employees receiving incoming and sending outgoing
official mail at alternative worksites. Finally, this final rule
encourages agencies to implement the process of mail consolidation,
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.
DATES: Effective: August 11, 2014.
ADDRESSES: Additional information is available at www.gsa.gov/improvingregulations.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Linda Willoughby, Office of Government-wide Policy, Mail Management
Policy, at 202-219-1083, or by email at linda.willoughby@gsa.gov.
Please cite FMR case 2008-102-4. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat (MVCB),
1800 F Street NW., Washington, DC 20405, 202-501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
GSA is amending this regulation to reverse an interim rule first
issued on June 6, 2002, in the Federal Register (67 FR 38896) that
required all payments to the United States Postal Service (USPS) to be
made using commercial payment processes, not the Official Mail
Accounting System (OMAS). As a result of agency comments and waiver
requests received, it became clear that many agencies were unable to
move to commercial payment. Additionally, enhancements in OMAS allowed
for accountability to agencies at the program level, which is important
for cost containment. This rule allows agencies to pay the USPS using
commercial payment processes, their existing OMAS account, or a
combination of the two. This approach is consistent with comments
received on the proposed rule published in the Federal Register on
January 9, 2009 (74 FR 870). In addition, this rule incorporates
several changes that GSA drafted in conjunction with the Federal Mail
Executive Council.
A proposed rule was published in the Federal Register on May 13,
2013 (FMR Case 2008-102-4 at 78 FR 27908), that received 11 comments.
Of these, 9 comments recommended keeping the annual reporting threshold
for agencies with mail expenditures of $1 million or more (``large
agencies''). GSA concurs with these comments and kept the reporting
requirement for large agencies for two reasons. First, the current
reporting from large agencies is thought to represent over 95 percent
of mail expenditures. This is sufficient for the development of data-
driven policy. Second, the reporting requirement would be too
burdensome for small agencies and would be costly. Members of the Small
Agency Council (SAC) submitted 7 of 9 comments requesting to retain the
large agency reporting requirement. SAC members have 6,000 or fewer
employees. According to SAC, about 33 percent of the 90 agencies are
micro-agencies with less than 100 employees and have mail expenditures
under $20,000. Thus, GSA agrees that the proposed, expanded reporting
requirement would be too burdensome on small agencies with low mail
expenditures.
Three comments were received on commercial payment. As the proposed
change was to allow payment to the USPS from either commercial or
through OMAS, the request for GSA to continue accepting deviation
requests for OMAS is unnecessary. The definition of payment to non-USPS
service providers was expanded in response to one comment received that
the current definition was too limited.
One commenter requested that GSA retain roles and responsibilities
of the mail program and center managers in the regulation. GSA does not
adopt this request as the information was duplicative and best used as
a guide, as the requestor indicated. Lastly, GSA adopted some editorial
comments and has addressed these comments below in the ``Changes to the
Current FMR'' section.
Two comments received were in support of keeping the consolidation
of internal and external mail operations, as well as, supporting the
sustainability activities in the mail program by incorporating
strategies in accordance with Executive Order 13514. GSA appreciates
these comments.
B. Changes to the Current FMR
This final rule:
[[Page 33478]]
1. Removes the agency requirement to pay the USPS using only
commercial payment processes and redefines the term ``commercial
payment process.''
2. Beginning in fiscal year (FY) 2014, revises the annual mail
management reporting date from January 15 to October 31.
3. Requires large agencies with expenditures of $1 million or
greater to submit an annual mail management report to GSA's Office of
Government-wide Policy, Mail Management Policy, through the Simplified
Mail Accountability Reporting Tool (SMART).
4. Refers to an FMR bulletin that details the reporting
requirements at www.gsa.gov/fmrbulletin.
5. Removes the description of facility and program mail manager
responsibilities.
6. Recommends all agencies implement the process of consolidation
for internal and external mail.
7. 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.
8. Encourages agencies to increase sustainable activities in their
mail programs.
9. Makes editorial and technical corrections.
C. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 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 is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
D. Regulatory Flexibility Act
This final 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 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.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the Federal Management Regulation do 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.
F. Small Business Regulatory Enforcement Fairness Act
This final 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: April 3, 2014.
Dan Tangherlini,
Administrator of General Services.
For the reasons set forth in the preamble, GSA revises 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?
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
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'' refer to the agency mail
manager, a person working in a Federal mail operation, or the agency
itself. Where the context does not make it entirely clear which is
meant, the meaning is spelled out the first time a pronoun is used in
the section. ``We,'' ``us,'' and ``you'' in the plural refer to your
Federal agency.
[[Page 33479]]
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. 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. 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 of accountable mail 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/. These include:
(1) Express mail;
(2) First class (includes priority mail);
(3) Periodicals;
(4) Standard mail, bulk business mail; and
(5) Package services.
Commercial payment process means paying for postage using the
United States Postal Service's Centralized Account Processing System or
another payment approach used by the private sector.
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 cost of implementation.
Expedited mail means mail designated for overnight and 2- or 3-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) An executive agency, which includes:
(i) Any executive department as defined in 5 U.S.C. 101;
(ii) Any wholly owned Government corporation as defined in 31
U.S.C. 9101;
(iii) Any independent establishment in the executive branch as
defined in 5 U.S.C. 104; and
(2) Any establishment in the legislative or judicial branch of the
Government, except the Supreme Court, the Senate, the U.S. House of
Representatives, the Architect of the Capitol, and any 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 delivered within that facility or to a nearby facility of the same
agency, so long as it is delivered by agency personnel.
Large agency means a Federal agency whose collective total payments
to all mail service providers equals or exceeds $1 million per fiscal
year.
Mail means that as 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).
Mail piece design means creating and printing items to be mailed so
that they can be processed efficiently and effectively by USPS
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 U.S. Department of Defense, the U.S.
Department of State's Diplomatic Pouch and Mail Division, and other
Federal agencies providing mail services.
Sustainability/Sustainable means to create and maintain conditions
under which humans and nature can exist in productive harmony.
Sustainability efforts seek to fulfill the social, economic, and
environmental needs of present and future generations.
Telework means a flexible work arrangement under which an employee
performs assigned duties and responsibilities, and other authorized
activities, from an approved alternate location.
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 (e.g.,
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presorting, bar coding, consolidating, 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) You must pay the USPS using one or more of the following:
(1) The U.S. Treasury Intergovernmental Payment and Collection
Payment (IPAC) process associated with the Official Mail Accounting
System (OMAS);
(2) The USPS Centralized Account Processing System (CAPS)
associated with commercial payments; or
(3) Another Treasury approved means of paying the USPS.
(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 another Treasury approved means of paying
the vendor.
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 the Intra-governmental Payment and
Collection System can be found at: https://www.fms.treas.gov/ipac/.
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 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
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 annually report the status of
their mail security plans to agency headquarters. At a minimum, these
reports should assure that all mail security plans comply with the
requirements of this part, 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 (https://postalinspectors.uspis.gov/) or the Federal
Protective Service (FPS) (https://www.dhs.gov/federal-protective-service).
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 at https://www.dhs.gov/.
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
Sec. 102-192.85 Who must report to GSA annually?
Large agencies, as defined in Sec. 102-192.35, must provide an
annual Mail
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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 U.S. Department of Defense or the U.S.
Department of Health and Human Services.
Sec. 102-192.90 What must we include in our annual mail management
report to GSA?
You 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 regard 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 Office of Government-wide
Policy, Mail Management Policy office for access and training at
federal.mail@gsa.gov.
Sec. 102-192.105 When must we submit our annual mail management
report to GSA?
Beginning with FY 2014, the agency's annual mail management report
is due on October 31 following the end of the 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 mail facilities and 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 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 discussed above,
you 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, for example,
internal and external mail, and consolidation of agency-wide mail
operations and official mail facilities; and
(2) Reducing the volume of agency to 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;
(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 GSA's Office of Government-wide Policy;
(l) Ensure agency policy incorporates Federal hazardous materials
requirements set forth in 49 CFR parts 100-185;
(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''. Section 8 describes the Agency
Strategic Sustainability Performance Plan; and
(n) Ensure safety and security requirements specified in Sec. Sec.
102-192.70 through 102-192.80 are fulfilled.
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 (such as 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.
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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 Government-wide 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 Government-wide Policy (MA), 1800 F Street
NW., Washington, DC 20504; telephone 202-501-1777, or email:
Federal.mail@gsa.gov.
[FR Doc. 2014-13592 Filed 6-10-14; 8:45 am]
BILLING CODE 6820-14-P
