Commercial Mail Receiving Agencies, 2047-2049 [2023-00437]

Agencies

• Postal Service

[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Proposed Rules]
[Pages 2047-2049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00437]


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POSTAL SERVICE

39 CFR Part 111


Commercial Mail Receiving Agencies

AGENCY: Postal ServiceTM.

ACTION: Proposed rule.

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SUMMARY: The Postal Service is proposing to amend Mailing Standards of 
the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 
section 508.1.8, to update the regulations concerning Commercial Mail 
Receiving Agencies (CMRAs).

DATES: Submit comments on or before February 13, 2023.

ADDRESSES: Mail or deliver written comments to the manager, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-5015. If sending comments by email, include the 
name and address of the commenter and send to 
[email protected], with a subject line of ``Commercial Mail 
Receiving Agencies''. Faxed comments are not accepted.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.
    You may inspect and photocopy all written comments, by appointment 
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th 
Floor North, Washington, DC 20260. These records are available for 
review on Monday through Friday, 9 a.m.-4 p.m., by calling 202-268-
2906.

FOR FURTHER INFORMATION CONTACT: Judi Mummy at (858) 674-3155, Clayton 
Gerber at (202) 449-8076, or Garry Rodriguez at (202) 268-7281.

SUPPLEMENTARY INFORMATION: The Postal Service is proposing to revise 
DMM subsection 508.1.8 by reorganizing and revising the subsections in 
508.1.8. These changes are occurring, in part because the Postal 
Service has developed an electronic database to collect and manage the 
information collected on PS Form 1583, Application for Delivery of Mail 
Through Agent, which has been collected and maintained as paper 
records. Following are the proposed changes to subsection 508.1.8.
    Current subsections 508.1.8.1 through 1.8.4 will be renumbered as 
subsections 508.1.8.2 through 1.8.5. New subsection 508.1.8.1 will 
define what type of business is considered a CMRA and therefore must 
comply with the requirements in this section. The definitions are based 
on the type of service the business entity receives from the Postal 
Service. If an entity receives U.S. Mail for multiple customers and 
receives single point mail delivery from the Postal Service, it is 
considered a CMRA for purposes of complying with these requirements. 
There will be three specifically defined entities that must register as 
a CMRA and comply with these requirements: a CMRA that provides private 
mail boxes and accepts delivery of mail on behalf of another; an office 
business center (OBC) that provides private office facilities for 
others and receives single-point mail delivery from the Postal Service; 
and a reshipping or redelivery service that accepts delivery of mail on 
behalf of another for the purpose of reshipping or redelivering that 
mail either physically or electronically.
    Renumbered subsection 1.8.2, Procedures, will be revised to require 
a CMRA owner must apply to operate a CMRA by submitting a completed PS 
Form 1583-A, Application to Act as a Commercial Mail Receiving Agency, 
and presenting acceptable, and not expired, form of Identification to 
the Post Office for review. If any of the information on PS Form 1583-A 
changes over time or becomes expired, the CMRA owner must submit an 
updated form to the Postal Service. The Postal Service will be scanning 
and uploading this form to the Postal Service's Facilities Database 
(FDB). The Postal Service will add a new item 1.8.2e to provide notice 
that CMRAs not in compliance with these regulations could be suspended 
and that CMRAs will have 30 days to come into compliance, and a new 
item 1.8.2f to affirmatively state that CMRAs and private mailboxes 
(PMBs) may not be used for criminal purposes.
    Renumbered subsection 1.8.3, Delivery to a CMRA, will be revised to 
specify requirements related to PS Form 1583, Application for Delivery 
of Mail Through Agent, necessary with the implementation of the new 
CMRA Customer Registration Database. Item 1.8.3a will be revised to 
specify that a CMRA owner or manager will have to complete and submit a 
PS Form 1583 form themselves. Further, it will specify that spouses 
must each complete a separate PS Form 1583 if they both choose to 
receive mail at a single PMB address. The Postal Service is also 
specifying that the name and address information submitted on PS Form 
1583 must match the photo and address verification documents provided 
with the application or the application will be rejected. 
Identification documents must be current (not expired). Any changes to 
the information on a PS Form 1583 will require the submission of a new 
PS Form 1583 and the CMRA owner must retain a copy of the 
identification documents submitted with the application. Item 1.8.3c 
will be revised to specify that CMRA owners or managers will be 
required to enter the data from PS Form 1583 and upload copies of the 
supporting documents into the Postal Service's electronic CMRA Customer 
Registration Database rather than provide paper copies to their local 
Post Office. Item 1.8.3h will be revised to specify that CMRA owners or 
managers must enter the date PMBs close into the CMRA Customer 
Registration Database and that any expired, illegible, or unclear 
documents are not acceptable and will not be considered in compliance. 
Item 1.8.3i will be revised to specify that CMRA owners or manager must 
certify the information they submitted in the CMRA Customer 
Registration Database is current each quarter, with certifications due 
15 days after the end of each quarter. Item 1.8.3j will be

[[Page 2048]]

revised to specify that CMRAs will have 30 days to comply with 
deficiencies that are identified by the Postal Service. The Postal 
Service is proposing to add a new item 1.8.3l to specify that the CMRA 
may be directed by the Chief Postal Inspector to withhold mail from 
delivery to an individual PMB and return that mail to the Postal 
Service.
    Renumbered subsection 1.8.4, Addressee and CMRA Agreement, will be 
updated to describe the procedures when the relationship between a CMRA 
and PMB holder end. Item 1.8.4a will be revised to specify that CMRA 
owners or managers must record when a PMB closes, enter that date in 
the CMRA Customer Registration Database, and that they must maintain 
their records for six months after the PMB is closed. Item 1.8.4b will 
be revised to specify that if a CMRA reships, or otherwise re-mails the 
mail addressed to a PMB, whether physically or electronically, the CMRA 
must record on PS Form 1583 and in the CMRA Customer Registration 
Database the address to where they reship, remail or transmit the 
customers mail. Additionally, if the mail is physically collected 
during the time period the PMB is active but remailed for the six month 
period after the PMB is closed, the remail address needs to be entered 
into the CMRA Customer Registration Database. Renumbered item 1.8.4d 
will be deleted as it is addressed in the revisions described above and 
item 1.8.4e will be deleted as to a separate provision for Restricted 
Mail, completion of a PS Form 1583 provides for an agent to receive all 
classes of mail. Items 1.8.4f and 1.8.4g will be renumbered as 1.8.4d 
and 1.8.4e.
    The Postal Service is proposing to delete renumbered 1.8.5, Office 
Business Center Acting as a CMRA, since office business centers (OBCs) 
are defined as CMRAs for purposes of this regulation as specified in 
new subsection 1.8.1, Commercial Mail Receiving Agency.
    The Postal Service is proposing to implement this change effective 
March 1, 2023.
    We believe this proposed revision will provide customers with a 
more efficient process for establishing a CMRA.
    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed 
rulemaking by 39 U.S.C. 410(a), the Postal Service invites public 
comment on the following proposed revisions to Mailing Standards of the 
United States Postal Service, Domestic Mail Manual (DMM), incorporated 
by reference in the Code of Federal Regulations. See 39 CFR 111.1.
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    Accordingly, 39 CFR part 111 is proposed to be amended as follows:

PART 111--[AMENDED.]

0
1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority:  5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401-404, 414, 416, 3001-3018, 3201-3220, 3401-
3406, 3621, 3622, 3626, 3629, 3631-3633,3641, 3681-3685, and 5001.

0
2. Revise the Mailing Standards of the United States Postal Service, 
Domestic Mail Manual (DMM) as follows:

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

500 Additional Mailing Services

* * * * *

508 Recipient Services

1.0 Recipient Options

* * * * *

1.8 Commercial Mail Receiving Agencies

    [Renumber 1.8.1 through 1.8.4 as 1.8.2 through 1.8.5 and add new 
1.8.1 to read as follows:]

1.8.1 Commercial Mail Receiving Agency

    The definition of a Commercial Mail Receiving Agency is as follows:
    a. A Commercial Mail Receiving Agency (CMRA) is defined as a 
business that, in whole or in part, accepts the delivery of U.S. Mail 
on behalf of another person or entity as a business service. U.S. Mail 
is inclusive of all classes of mail.
    b. An office business center (OBC) is a business that operates 
primarily to provide private office facilities and other business 
support services to individuals or firms (customers). OBCs receive 
single-point delivery. OBCs are considered CMRAs for postal purposes 
and must comply with DMM 508.1.8.
    c. A business or individual that operates primarily to provide re-
shipping or re-delivery services to individuals or firms (customers) is 
considered a CMRA for postal purposes and must comply with DMM 508.1.8.

1.8.2 Procedures

    The procedures for establishing a commercial mail receiving agency 
(CMRA) are as follows:
* * * * *
    b.
* * * * *
    [Revise the second paragraph under renumbered item 1.8.2b to read 
as follows:]
    The CMRA owner or manager must present acceptable primary and 
secondary forms of identification as specified under 608.10.0. The 
identifications presented must be current (not expired). These 
identifications must contain sufficient information to confirm that the 
applicant is who he or she claims to be and is traceable to the bearer. 
The postmaster (or designee) must list and record sufficient 
information to identify the two acceptable forms of identification on 
PS Form 1583-A (block 10).
    [Revise the second sentence of the third paragraph under renumbered 
item 1.8.2b to read as follows:]
    * * * If any information required on PS Form 1583-A changes, the 
CMRA owner or manager must file a new application with the postmaster.
    [Revise the text of renumbered item 1.8.2c to read as follows:]
    c. The postmaster (or designee) must verify the documentation to 
confirm that the CMRA owner or manager resides at the permanent home 
address shown on Form 1583-A; witness the signature of the CMRA owner 
or manager; and sign Form 1583-A. The postmaster must provide the CMRA 
owner or manager with a copy of the DMM regulations relevant to the 
operation of a CMRA under 1.8. The CMRA owner or manager must sign the 
Form 1583-A acknowledging receipt of the regulations. The postmaster 
must file the original of the completed Form 1583-A at the Post Office, 
scan and upload a copy into the Facilities Database (FDB) and provide 
the CMRA with a duplicate copy.
* * * * *
    [Revise the text of renumbered 1.8.2 by adding a new item e and f 
to read as follows:]
    e. CMRAs found not to be operating within the Postal Service 
regulations will be suspended from authorization to act as a CMRA until 
the CMRA is in compliance with the regulations. If compliance is not 
achieved within 30 days, the Postal Service may terminate the CMRA's 
authorization to accept mail on behalf of others.

[[Page 2049]]

    f. CMRAs and Private Mail Boxes (PMBs) shall not be utilized for or 
in furtherance of criminal purposes.

1.8.3 Delivery to CMRA

    Procedures for delivery to a CMRA are as follows:
    [Revise the text of paragraphs one and two under renumbered item 
1.8.3a to read as follows:]
    a. Mail delivery to a CMRA requires that the CMRA owner or manager 
complete and sign PS Form 1583, Application for Delivery of Mail 
Through Agent, for themselves. Private Mail Boxes (PMBs) for 
residential/personal use must have a separate PS Form 1583 completed 
for each addressee. Spouses must each complete and sign a separate PS 
Form 1583. Each spouse must provide acceptable primary and secondary 
forms of identification as specified under 608.10.0.
    A parent or guardian may receive delivery of a minor's mail by 
listing the name(s) of each minor on PS Form 1583 (block 11).
* * * * *
    [Revise the text in the fourth and fifth paragraph under renumbered 
item 1.8.3a by combining the text into the fourth paragraph to read as 
follows:]
    If information on the application does not match the 
identification, the CMRA must deny the application. Furnishing false 
information on the application or refusing to provide required 
information is reason for withholding the addressee's mail from 
delivery to the agent and returning it to the sender.
    [Revise the text of the renumbered fifth and sixth paragraphs under 
renumbered item 1.8.3a to read as follows:]
    When any information required on PS Form 1583 changes, the 
addressee must complete a new application with the CMRA. The addressee 
must provide acceptable primary and secondary forms of identification 
as specified under 608.10.0. The identification presented must be 
current (not expired). It must contain sufficient information to 
confirm that the applicant is who he or she claims to be and is 
traceable to the bearer.
    The CMRA owner or manager must retain a photocopy of the two forms 
of identification for verification purposes. The CMRA owner or manager 
must list and record on PS Form 1583 (block 10) sufficient information 
to identify the acceptable primary and secondary forms of 
identification presented and write on PS Form 1583 (block 4) the 
complete CMRA delivery address used to deliver mail to the addressee.
* * * * *
    [Revise the text of renumbered item 1.8.3c to read as follows:]
    c. The CMRA must enter the information provided on each PS Form 
1583 and upload a clear and legible copy of each identification 
document into the USPS CMRA Customer Registration Database. The CMRA 
must maintain completed PS Forms 1583 and a copy of each identification 
and address document on file at the CMRA business location. The PS 
Forms 1583 and supporting documents must be available at all times for 
examination by postal representatives and postal inspectors.
    [Delete renumbered item 1.8.3d and renumber items e through j as 
items d through i.]
* * * * *
    [Renumber items h and i as items j and k and add new items h and i 
to read as follows:]
    h. The CMRA must ensure all its addressees (customers) have a 
current PS Form 1583 on file and updated as necessary in the USPS CMRA 
Customer Registration Database. Updates shall include the entry of 
termination dates for any PMBs closed in the previous quarter. Any 
expired, illegible, or unclear identification or address document 
uploaded into the CMRA Customer Registration Database shall be 
considered not in compliance.
    i. The CMRA must certify in the USPS CMRA Customer Registration 
Database each quarter (due on January 15th, April 15th, July 15th, and 
October 15th), that every PS Forms 1583 it has submitted is current, 
all termination dates have been updated and no identification documents 
are expired.
    [Revise the last sentence of renumbered item j to read as follows:]
     * * * The proper notification must be in writing outlining the 
specific violation(s) with a 30-day period to comply.
* * * * *
    [Revise the text of 1.8.3 by adding a new item l to read as 
follows:]
    l. The Chief Postal Inspector or their designee may issue an 
emergency mail withholding order to withhold mail to any PMB Holder 
that is suspected of utilizing a CMRA and/or PMB for any activity that 
is in violation of United States Code Title 18 or Title 39 and that the 
mail be returned to sender, forwarded to the mail recovery center, or 
otherwise in accordance with a court order. The CMRA must give the mail 
addressed to the withheld PMB to the letter carrier or return it to the 
Post Office responsible for delivery to the CMRA the next business day 
after receipt.

1.8.4 Addressee and CMRA Agreement

    In delivery of the mail to the CMRA, the addressee and the CMRA 
agree that:
    [Revise the text of renumbered 1.8.4a by adding new second through 
fifth sentences to read as follows:]
    a. * * * The CMRA must write the date of termination on its copy of 
PS Form 1583. The CMRA must enter the date of termination in the USPS 
CMRA Customer Registration Database as soon as practical. The CMRA must 
retain the endorsed copies of PS Forms 1583 for 6 months after the 
termination date. PS Forms 1583 filed at the CMRA business location 
must be available at all times for examination by postal 
representatives and the postal inspectors.
    [Revise the text of item b by adding a new second through sixth 
sentences to read as follows:]
    * * * The remail of mail intended for the addressee (customer) is 
the responsibility of the CMRA. This includes at least a 6-month period 
after the termination date of the agency relationship between the CMRA 
and the addressee. The addressee (customer) shall provide the remail 
address (or email if correspondence is scanned for digital delivery) on 
PS Form 1583. The remail address shall be entered into the USPS CMRA 
Customer Registration Database. If the addressee collects their mail in 
person at the CMRA but elects to have their mail remailed for the 6-
month post-termination period, the CMRA shall record this remail 
address on their copy of PS Form 1583 and enter this remail address in 
the USPS CMRA Customer Registration Database with the date of 
termination. * * *
* * * * *
    [Revise the text of renumbered 1.8.4 by deleting item d and 
renumbering items e through g as items d through f.]
    [Revise the text of renumbered item d by deleting the second and 
third sentences.]
* * * * *
    [Delete renumbered item 1.8.5, Office Business Center Acting as a 
CMRA, in its entirety.]
* * * * *

Tram T. Pham,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-00437 Filed 1-11-23; 8:45 am]
BILLING CODE P