Commercial Mail Receiving Agencies, 32112-32117 [2023-10536]
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Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(6) Any spectator vessel may anchor
outside the regulated area specified in
paragraph (a) of this section, but may
not anchor in, block, or loiter in a
navigable channel.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM marine radio
channel 16 or phone at 1–800–253–
7465. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(9) The COTP will provide notice of
the regulated area through advanced
notice via local notice to mariners and
broadcast notice to mariners and by onscene designated representatives.
(d) Enforcement period. The safety
zone in paragraph (a) of this section will
be enforced from 9 p.m. to 10 p.m. on
May 27, 2023.
Dated: May 9, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2023–10715 Filed 5–18–23; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Commercial Mail Receiving Agencies
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) to update the regulations
concerning Commercial Mail Receiving
Agencies (CMRAs).
DATES: Effective July 1, 2023.
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: On
January 12, 2023, the Postal Service
published a notice of proposed
rulemaking (88 FR 2047–2049) to revise
subsection 508.1.8 by reorganizing and
revising the subsections in 508.1.8. The
proposed rule included changes to
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SUMMARY:
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accommodate the development of 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. In this final rule, the Postal
Service is adopting the proposed rule
with three minor changes described
below. As part of the final rule, CMRAs
will receive direct notification from the
Postal Service informing them how to
gain access to the CMRA Customer
Registration Database (CRD). Following
notification, the CMRA will have a
period of approximately 9 months to
collect and enter into the CRD new PS
Form 1583s for each of their existing
Private Mailbox (PMB) customers. PS
Form 1583 applications for new PMB
customers must be entered into the new
CMRA CRD when they are received.
Below are high-level summaries of the
changes made to the proposed rule in
this final rule:
• DMM section 1.8.2.f will prohibit
PMBs from being used for unlawful
activity similar to the provisions that
apply to P.O. Boxes.
• CMRAs will be permitted to dispose
of copies of identification documents
after they upload them into the CMRA
CRD.
• It is sufficient for a CMRAs to
maintain a digital copy of each signed
PS Form 1583 in lieu of a paper form.
Response to Comments
The Postal Service received 26
responses to the notice of proposed
rulemaking, several of which included
comments on multiple topics.
Commenters included CMRAs,
associations, and individual consumers.
Comments and Postal Service responses
are summarized as follows.
Comment: Several commenters
recognized that the new online CMRA
CRD will solve the cumbersome and
outdated paper-based submission and
filing system with the current PS Form
1583—Application for Delivery of Mail
Through Agent.
Response: The Postal Service shares
this assessment and expects that
changes will significantly improve
accuracy, security, record keeping, and
delivery service.
Comment: Several comments
indicating that the changes are not
possible because the current PS Form
1583 either contradicts the new DMM
changes or does not collect the
information articulated in the DMM
changes.
Response: These comments assume
PS Form 1583 will not be changed;
however, the Postal Service has updated
the PS Form 1583 to be consistent with
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the DMM changes and new CMRA CRD
and will be making the new form
available in conjunction with this final
rule. The revised Form is available to
the public at https://about.usps.com/
resources/forms.htm.
Comment: Several commenters
expressed concerns about compliance
with privacy laws as well as 18 United
States Code 701 relating to the copying
of government identification cards.
Additionally, we have been asked to
limit or clarify what the Postal Service
may use the information we collect in
the CMRA CRD for.
Response: The final rule is not
inconsistent with 18 U.S.C. 701, which
provides that copies may be made as
‘‘authorized under regulations made
pursuant to law.’’ The CMRA
regulations set forth in the DMM are
Postal Service regulations and
incorporated by reference in the Code of
Federal Regulations in accordance with
39 CFR parts 111 and 211. The DMM’s
identification photocopying
requirement falls within the exception
recognized by § 701 for copying that is
‘‘authorized under regulations made
pursuant to law.’’
The Postal Service, as an independent
establishment of the Executive Branch,
complies with the Privacy Act of 1974.
Under the Privacy Act, the Postal
Service is permitted to collect Privacy
Act protected information, including
copies of government identification
cards retrievable by individual
identifier, in a Privacy Act system of
records. Records pertaining to CMRAs
fall within the scope of the Postal
Service Privacy Act customer systems of
records found in USPS SOR 845.000,
Commercial Mail Receiving Agency, in
Appendix E to USPS Handbook AS–
353. Changes to USPS SOR 845.000
were recently published in the Federal
Register so as to facilitate the changes
in practice reflected in this final rule at
87 FR 79005 (https://
www.federalregister.gov/documents/
2022/12/23/2022-27992/notice-of-newsystem-of-records-response-tocomments).
Comment: Several commenters asked
about the forms of identification that are
acceptable to present when opening a
PMB at a CMRA, mentioning corporate
identifications and utility bills, among
other forms.
Response: The Postal Service updated
the acceptable forms of identification for
its various services in a prior DMM
update published in the Postal Bulletin
No. 22613 (https://about.usps.com/
postal-bulletin/2022/pb22613/html/
updt_001.htm). Only those specifically
enumerated forms of identification are
acceptable. Corporate identification
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Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
cards and utility bills are no longer
acceptable forms of identification for
completing PS Form 1583A Application
to Act as a Commercial Mail Receiving
Agency and PS Form 1583—Application
for Delivery of Mail Through Agent.
Comment: Several commenters
questioned why the identification
document presented must be current
(not expired), additionally noting that
most address verification documents do
not have expiration dates.
Response: The Postal Service relies on
government agencies to establish and
maintain identification document
protocols and standards, which change
over time. Collection of non-expired
identifications ensures the most reliable
means of establishing that the person
presenting themselves for service is who
they claim to be. Current non-expiring
documents, such as most of the address
verification documents that match the
address shown on the application
satisfy the address identification
requirement.
Comment: One commenter asking if a
State Driver’s License could serve as an
acceptable secondary (address)
identification.
Response: A driver’s license could be
a secondary form of identification, but
an application would still need to be
supported by separate form of primary
(photo) identification. For example: a
Passport could be an acceptable primary
identification and a Driver’s License
could be an acceptable secondary form.
See DMM 608.10 for acceptable forms of
primary and secondary identifications.
Comment: Several commenters asked
if a CMRA needed to update expired
photo identification documents for
PMBs that have closed and are in the 6
month remail period.
Response: No, CMRAs will not need
to update expired documents for closed
PMBs.
Comment: One commenter asked
what identification is collected when
the addressee is a business/organization.
Response: The applicant on PS Form
1583 is always an individual and they
must provide their primary and
secondary forms of identification. If the
mail received is to be addressed to a
business/organization, the applicant
must also list the name and address of
the business/organization as well as the
place (county and state or country)
where the business/organization is
registered.
Comment: Several commenters asked
how a CMRA could certify that its PS
Form 1583s on file are all current with
no expired photo identification
documents each quarter without
reviewing each entry.
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Response: In the new system, the
CMRA CRD will automatically notify
the CMRA when a photo identification
document entered has expired so the
CMRA may provide notice to their
customer to collect a current copy.
Comment: Several commenters asked
why a CMRA must remail PMB
customers’ mail for a period of 6 month
after the termination date of their
agency relationship.
Response: These comments are not
within scope of the current rulemaking.
Remailing PMB customers’ mail is
already specified in DMM section
1.8.3b: ‘‘The CMRA must remail mail
intended for the addressee (customer)
for at least 6 months after the
termination date of the agency
relationship between the CMRA and
addressee.’’
Comment: Several commenters asked
that the Postal Service apply the same
prohibitory language to PMBs as is
applied to Post Office Boxes insofar as
suspected criminal activity in
concerned. Commenters also asked what
CMRAs should do when they identify
suspected criminal activity associated
with a PMB holder.
Response: The Postal Service has
taken these comments into
consideration and is revising DMM
section 1.8.2.f so as to make the
prohibitions apply consistently to both
Private Mail Boxes (PMBs) and P.O.
Boxes, as follows:
Unlawful Activity—A PMB may not
be used for, or in connection with, a
scheme or enterprise that violates any
federal, state, or local law; breaches an
agreement with a federal, state, or local
agency whereby the box customer has
agreed to discontinue a specified
activity; or violates or attempts to evade
any order of a court or administrative
body.
Additionally, the new CMRA CRD
will have a mechanism to enable CMRA
owners/managers to confidentially
report suspicious activity related to a
PMB directly to the Postal Inspection
Service.
Comment: Several commenters asked
why a CMRA owner/manager must
complete a PS Form 1583 for
themselves.
Response: This measure is being
undertaken to enhance security. The
local post office will no longer retain
copies of photo and address
identification documents. The
documents will instead be uploaded
and securely maintained in the CMRA
CRD. Although the CMRA owner/
manager will be subject to in person
identification proofing, additional
measures are needed in order to retain
these identification documents so that
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automated means can ensure they are
current and updated as required.
Comment: Several commenters asked
about the proposed rule that states ‘‘If
information on the application does not
match the identification, the CMRA
must deny the application.’’
Specifically, the commenters cited
situations where a PMB applicant is
new to an area and may not have new
Identification or address documents.
Response: The CMRA is required to
ensure the individuals presenting
themselves as an applicant for a PMB or
individuals authorized to collect mail
from a PMB are correctly identifying
themselves. This means their primary
(photo) identification documents must
be acceptable, non-expired, photo
identification documents and the
information on those photo
identification documents must be
entered into the CMRA CRD and a clear
and readable copy of those
identification documents must be
uploaded into the CRD so the Postal
Service may verify the information is
correct as entered. For PMB applicants
new to an area, they may use their
primary (photo) identification
documents from before their move.
They may also update their primary
(photo) identification documents at any
time. They must update them when they
expire. For address verification, the
applicant must list the address on the
application that matches the acceptable
secondary (address) identification
document provided. This may be an
address identification document from a
prior address, e.g., if the applicant has
moved to a new area. The individuals
may update their secondary (address)
identification documents at any time.
Comment: Several commenters
inquired about the requirement to
provide the address, physical or digital,
where mail is transferred or remailed on
behalf of the PMB holder, either during
the period of the PMB lease or during
the six-month period after the box lease
has ended.
Response: The PMB holder is a Postal
Service customer receiving mail via the
U.S. Mail. The Postal Service has a
business and service need to ensure its
customers are receiving their mail, even
if through an agent. The information is
required for contingencies such as when
the CMRA goes out of business or fails
to deliver mail to the customer as
directed. This is not a new practice
because the existing PS Form 1583
requires the CMRA to report the address
where mail is transferred or otherwise
remailed upon request. As customer
service and security enhancements, the
final rule requires that information be
entered into the CMRA CRD and be
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updated at any time if the address for
remailing changes.
Comment: Several commenters asked
about the rule requiring CMRAs to
accept all classes of mail on behalf of
PMB holders. Specifically, the
commenters questioned the removal of
a special designation for restricted
delivery and asked about COD mail.
Response: Prior to this rule change,
the only class of mail that was treated
uniquely was restricted delivery mail.
The prior rule allowed the PMB holder
to specifically sign PS Form 1583
authorizing the CMRA to receive
restricted delivery mail. If this portion
of PS Form 1583 was not signed, the
Postal Service was not supposed to
deliver restricted delivery mail to that
specific PMB. That rule has been an
unworkable solution. The Postal Service
provides single point delivery to a
CMRA and the letter carrier delivering
the mail to the CMRA has no knowledge
or access to PS Form 1583s submitted
for the PMB holders and has no way to
know if a piece of Restricted Mail
should be withheld from delivery.
Therefore, the final rule clarifies that a
PMB holder will receive all mail via the
CMRA address, including restricted
delivery. There was previously no
exemption for COD mail, so the final
rule makes no change with respect to
treatment of COD mail.
Comment: Several commenters asked
about the implementation date of these
changes and the time period to begin
using the CMRA CRD as well as the time
period to enter all PMB applicants in
the CMRA CRD.
Response: To coincide with other
changes to the DMM, these final rules
will go into effect on July 9, 2023. Each
CMRA will receive direct notice, via
physical mail, from the Postal Service
with instructions on how to access and
enter PS Form 1583 data and documents
into the CMRA CRD. Once the CMRA
receives this direct notice, they will be
able to enter all the PS Form 1583 data
into the application. Existing PMB
customers will need to complete a new
PS Form 1583 and provide copies of
their identification documents. CMRAs
will have a period of nine (9) months to
complete the task of migrating all
existing PMB customers to the new form
and application.
Comment: One commentor
questioned whether existing spouses
who both are currently listed on a single
PS Form 1583 could be ‘‘grandfathered
in’’ and not complete a new 1583 for
each.
Response: A new PS Form 1583 will
need to be completed for every PMB
customer. Each spouse must complete a
separate PS Form 1583. In order for the
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Postal Service to optimize the security
benefits of the new system, all
customers (including spouses) are
required to complete a new PS Form
1583.
Comment: One commenter stated that
CMRAs lack the physical security to
ensure the protection of copies of photo
and address identification documents
provided by PMB customers and asked
if the CMRA could elect to not retain a
copy of the identification documents
after they upload them into the CMRA
CRD to mitigate the risk of theft or loss.
Response: The Postal Service
appreciates this concern. Upon further
consideration, the final rule has been
revised to accommodate this suggestion.
Specifically, the final rule has been
changed so that the CMRA has the
option to dispose of copies of the
identification documents after they are
uploaded into the CMRA CRD. In such
cases, CMRAs will have to collect a
replacement copy and upload it if, upon
review, the copy that has been uploaded
is not legible or readable.
Comment: One commenter asked if a
CMRA could retain a digital copy of
each completed PS Form 1583 in lieu of
the original signed paper copy.
Response: The Postal Service agrees
that it is sufficient for the CMRA to
retain a digital copy of each completed
PS Form 1583 in lieu of the original
signed paper copy. The final rule has
been revised accordingly.
Comment: Several commenters stated
that the proposed rule specifying
CMRAs have 30 days to comply with
deficiencies after being notified by the
Postal Service is an undue burden.
Response: The prior requirement was
open ended and lacked specificity. The
Postal Service submits that specifying a
prescribed time period enhances
predictability and promotes economy of
administration for both the CMRA and
the Postal Service.
Comment: Several commenters asked
the Postal Service to provide for the
receipt of the PS Form 1583 data and
documents via an electronic transfer
such as an Application Process Interface
(API).
Response: The Postal Service is
exploring the option of allowing an API
process to upload these data. Such a
facility would not be available in the
first year; however, as it will require
significant technical data definitions
that the CMRA industry will have to
match to correctly push the data.
Comment: Several commenters asked
the Postal Service to create an online
version of the PS Form 1583 that would
allow PMB customers to complete the
application online.
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Response: Given the relationship
between the CMRA and the PMB
applicant and the need for in person
identity proofing, the Postal Service
determined to maintain the in-person
application process between the CMRA
and its customer.
Comment: One commenter asked
whether the Postal Service would
respond to law enforcement subpoenas
served on CMRAs for PMB holder’s
data.
Response: The Postal Service will not
respond to subpoenas addressed to a
CMRA. Subpoenas addressed to a
CMRA are the responsibility of the
CMRA. The CMRA would normally
respond to subpoena issued to the
CMRA in so far as the records of the
CMRA are sought. The Postal Service
responds to court orders and subpoenas
directed to the Postal Service and when
legally required to do so.
Comment: One commenter asked if
the Postal Service would provide the
tools and software to scan identification
documents.
Response: The Postal Service will not
be providing the equipment necessary to
scan identifications. The CMRA CRD
will require a computer connected to
the internet to access the database and
will require CMRAs to be able to take
digital pictures or scans that they can
upload via the web-based application.
None of the above will require unique
or specialized equipment and is
equipment commonly used by CMRAs.
Comment: One commenter asked the
Postal Service to endorse a digital
identity verification process, in addition
to employee-facilitated verification,
sufficient to meet the verification
process for an individual seeking to be
listed on PS Form 1583.
Response: The Postal Service requires
either that:
• The PS Form 1583 be notarized, or
• The applicant’s identity be verified
in person by a CMRA employee.
Current subsections 1.8.1 through
1.8.4 will be renumbered as subsections
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
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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 private
mailboxes (PMBs) may not be used for
unlawful activity.
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. 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
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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
revised to specify that CMRAs will have
30 days to comply with deficiencies that
are identified by the Postal Service. The
Postal Service is adding 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 customer’s 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 deleting
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.
We believe this proposed revision
will provide customers with a more
efficient process for establishing a
CMRA.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
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32115
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
amended as follows:
PART 111—[AMENDED]
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.
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 reshipping or re-delivery services to
individuals or firms (customers) is
considered a CMRA for postal purposes
and must comply with DMM 508.1.8.
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Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
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.
f. Unlawful Activity—A Private Mail
Box (PMB) may not be used for, or in
VerDate Sep<11>2014
16:30 May 18, 2023
Jkt 259001
connection with, a scheme or enterprise
that violates any federal, state, or local
law; breaches an agreement with a
federal, state, or local agency whereby
the box customer has agreed to
discontinue a specified activity; or
violates or attempts to evade any order
of a court or administrative body.
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
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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
CMRA delivery address used to deliver
mail to the addressee.
*
*
*
*
*
[Revise the text of renumbered item
1.8.3c to read as follows:]
c. 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 (CRD). The CMRA
must maintain, at a minimum, a digital
copy of a completed PS Form 1583 at
the CMRA business location. The PS
Form 1583 must be available at all times
for examination by postal
representatives and postal inspectors.
Images of the primary and secondary
forms of identification do not need to be
retained at the CMRA after they are
uploaded into the CMRA Customer
Registration Database. If, upon review
by the Postal Service the image
uploaded is not clear and legible, the
CMRA will be notified to promptly
collect and upload a replacement image.
[Delete renumbered item 1.8.3d and
renumber items e through j as items d
through i.]
*
*
*
*
*
[Renumber renumbered 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:]
j. * * * 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
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Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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.
[Deleted renumbered 1.8.5, Office
Business Center Acting as a CMRA, in
its entirety.]
*
*
*
*
*
Sarah Sullivan,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023–10536 Filed 5–18–23; 8:45 am]
BILLING CODE P
1.8.4 Addressee and CMRA
Agreement
ENVIRONMENTAL PROTECTION
AGENCY
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 6month 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.]
*
*
*
*
*
40 CFR Part 52
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16:30 May 18, 2023
Jkt 259001
[EPA–R03–OAR–2021–0307; FRL–10965–
02–R3]
32117
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1600 John F.
Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2176. Mr. Rehn can
also be reached via electronic mail at
rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of the Proposed Action
Following promulgation of a new or
revised NAAQS, EPA is required under
CAA section 107(d) to designate areas as
attaining or not attaining the NAAQS.
Those nonattainment areas are also
classified by degree of nonattainment.
Under subpart 4 of part D of title I of
AGENCY: Environmental Protection
the CAA, EPA designates areas found to
Agency (EPA).
be violating or contributing to violation
ACTION: Final rule.
of the PM2.5 NAAQS as nonattainment
and classifies them initially as Moderate
SUMMARY: The Environmental Protection
nonattainment. Effective April 15, 2015,
Agency (EPA) is determining that the
EPA designated Allegheny County,
Allegheny County, Pennsylvania, fine
Pennsylvania, as Moderate
particulate matter (PM2.5) nonattainment
nonattainment for the 2012 annual
area (‘‘Allegheny County PM2.5
PM2.5 NAAQS based on ambient
nonattainment area,’’ ‘‘the
monitoring data that showed the area
nonattainment area,’’ or simply ‘‘the
was above the 12.0 micrograms per
area’’) attained the 2012 annual PM2.5
cubic meter (mg/m3) primary standard
national ambient air quality standards
for the 2011–2013 monitoring period,
(NAAQS or ‘‘standard’’) by its December
based on the area’s design value.1 A
31, 2021, ‘‘Moderate’’ area attainment
design value (DV) is the 3-year average
date. This determination, as required
NAAQS metric that is compared to the
under Clean Air Act (CAA) sections 179
NAAQS level to determine when a
and 188, is based upon quality-assured,
monitoring site is or is not meeting the
quality-controlled, and certified ambient
NAAQS. The specific methodologies for
air monitoring data for the 2019–2021
calculating whether the annual PM2.5
period available in EPA’s Air Quality
NAAQS is met at each eligible
System (AQS) monitoring data
monitoring site in an area are found in
repository. The area remains
the Code of Federal Regulations (CFR),
nonattainment for the 2012 annual
at 40 CFR part 50, appendix N, section
PM2.5 NAAQS until the area is
4.1.
redesignated to attainment.
Sections 179(c)(1) and 188(b)(2) of the
DATES: This final rule is effective on
CAA require EPA to determine whether
June 20, 2023.
a PM2.5 nonattainment area attained by
ADDRESSES: EPA has established a
the applicable attainment date, ‘‘based
docket for this action under Docket ID
on the area’s air quality as of the
Number EPA–R03–OAR–2021–0307. All attainment date.’’ Generally, this
documents in the docket are listed on
determination of whether an area’s air
the www.regulations.gov website.
quality meets the PM2.5 NAAQS by the
Although listed in the index, some
attainment date is based upon the most
information is not publicly available,
recent three years of complete, certified
e.g., confidential business information
data gathered at eligible monitoring sites
(CBI) or other information whose
in accordance with 40 CFR 58.9. Section
disclosure is restricted by statute.
188(c)(1) of the CAA requires that states
Certain other material, such as
with areas designated as Moderate PM2.5
copyrighted material, is not placed on
nonattainment areas provide for
the internet and will be publicly
attainment in the area as expeditiously
available only in hard copy form.
as practicable, but no later than the end
Publicly available docket materials are
1 80 FR 2206 (January 15, 2015).
available through www.regulations.gov,
Determination of Attainment by the
Attainment Date for the 2012 Annual
Fine Particulate Matter Standard;
Pennsylvania; Allegheny County
Nonattainment Area
PO 00000
Frm 00035
Fmt 4700
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Agencies
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32112-32117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10536]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Commercial Mail Receiving Agencies
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) to update the
regulations concerning Commercial Mail Receiving Agencies (CMRAs).
DATES: Effective July 1, 2023.
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: On January 12, 2023, the Postal Service
published a notice of proposed rulemaking (88 FR 2047-2049) to revise
subsection 508.1.8 by reorganizing and revising the subsections in
508.1.8. The proposed rule included changes to accommodate the
development of 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. In this final rule, the Postal Service is adopting the
proposed rule with three minor changes described below. As part of the
final rule, CMRAs will receive direct notification from the Postal
Service informing them how to gain access to the CMRA Customer
Registration Database (CRD). Following notification, the CMRA will have
a period of approximately 9 months to collect and enter into the CRD
new PS Form 1583s for each of their existing Private Mailbox (PMB)
customers. PS Form 1583 applications for new PMB customers must be
entered into the new CMRA CRD when they are received.
Below are high-level summaries of the changes made to the proposed
rule in this final rule:
DMM section 1.8.2.f will prohibit PMBs from being used for
unlawful activity similar to the provisions that apply to P.O. Boxes.
CMRAs will be permitted to dispose of copies of
identification documents after they upload them into the CMRA CRD.
It is sufficient for a CMRAs to maintain a digital copy of
each signed PS Form 1583 in lieu of a paper form.
Response to Comments
The Postal Service received 26 responses to the notice of proposed
rulemaking, several of which included comments on multiple topics.
Commenters included CMRAs, associations, and individual consumers.
Comments and Postal Service responses are summarized as follows.
Comment: Several commenters recognized that the new online CMRA CRD
will solve the cumbersome and outdated paper-based submission and
filing system with the current PS Form 1583--Application for Delivery
of Mail Through Agent.
Response: The Postal Service shares this assessment and expects
that changes will significantly improve accuracy, security, record
keeping, and delivery service.
Comment: Several comments indicating that the changes are not
possible because the current PS Form 1583 either contradicts the new
DMM changes or does not collect the information articulated in the DMM
changes.
Response: These comments assume PS Form 1583 will not be changed;
however, the Postal Service has updated the PS Form 1583 to be
consistent with the DMM changes and new CMRA CRD and will be making the
new form available in conjunction with this final rule. The revised
Form is available to the public at https://about.usps.com/resources/forms.htm.
Comment: Several commenters expressed concerns about compliance
with privacy laws as well as 18 United States Code 701 relating to the
copying of government identification cards. Additionally, we have been
asked to limit or clarify what the Postal Service may use the
information we collect in the CMRA CRD for.
Response: The final rule is not inconsistent with 18 U.S.C. 701,
which provides that copies may be made as ``authorized under
regulations made pursuant to law.'' The CMRA regulations set forth in
the DMM are Postal Service regulations and incorporated by reference in
the Code of Federal Regulations in accordance with 39 CFR parts 111 and
211. The DMM's identification photocopying requirement falls within the
exception recognized by Sec. 701 for copying that is ``authorized
under regulations made pursuant to law.''
The Postal Service, as an independent establishment of the
Executive Branch, complies with the Privacy Act of 1974. Under the
Privacy Act, the Postal Service is permitted to collect Privacy Act
protected information, including copies of government identification
cards retrievable by individual identifier, in a Privacy Act system of
records. Records pertaining to CMRAs fall within the scope of the
Postal Service Privacy Act customer systems of records found in USPS
SOR 845.000, Commercial Mail Receiving Agency, in Appendix E to USPS
Handbook AS-353. Changes to USPS SOR 845.000 were recently published in
the Federal Register so as to facilitate the changes in practice
reflected in this final rule at 87 FR 79005 (https://www.federalregister.gov/documents/2022/12/23/2022-27992/notice-of-new-system-of-records-response-to-comments).
Comment: Several commenters asked about the forms of identification
that are acceptable to present when opening a PMB at a CMRA, mentioning
corporate identifications and utility bills, among other forms.
Response: The Postal Service updated the acceptable forms of
identification for its various services in a prior DMM update published
in the Postal Bulletin No. 22613 (https://about.usps.com/postal-bulletin/2022/pb22613/html/updt_001.htm). Only those specifically
enumerated forms of identification are acceptable. Corporate
identification
[[Page 32113]]
cards and utility bills are no longer acceptable forms of
identification for completing PS Form 1583A Application to Act as a
Commercial Mail Receiving Agency and PS Form 1583--Application for
Delivery of Mail Through Agent.
Comment: Several commenters questioned why the identification
document presented must be current (not expired), additionally noting
that most address verification documents do not have expiration dates.
Response: The Postal Service relies on government agencies to
establish and maintain identification document protocols and standards,
which change over time. Collection of non-expired identifications
ensures the most reliable means of establishing that the person
presenting themselves for service is who they claim to be. Current non-
expiring documents, such as most of the address verification documents
that match the address shown on the application satisfy the address
identification requirement.
Comment: One commenter asking if a State Driver's License could
serve as an acceptable secondary (address) identification.
Response: A driver's license could be a secondary form of
identification, but an application would still need to be supported by
separate form of primary (photo) identification. For example: a
Passport could be an acceptable primary identification and a Driver's
License could be an acceptable secondary form. See DMM 608.10 for
acceptable forms of primary and secondary identifications.
Comment: Several commenters asked if a CMRA needed to update
expired photo identification documents for PMBs that have closed and
are in the 6 month remail period.
Response: No, CMRAs will not need to update expired documents for
closed PMBs.
Comment: One commenter asked what identification is collected when
the addressee is a business/organization.
Response: The applicant on PS Form 1583 is always an individual and
they must provide their primary and secondary forms of identification.
If the mail received is to be addressed to a business/organization, the
applicant must also list the name and address of the business/
organization as well as the place (county and state or country) where
the business/organization is registered.
Comment: Several commenters asked how a CMRA could certify that its
PS Form 1583s on file are all current with no expired photo
identification documents each quarter without reviewing each entry.
Response: In the new system, the CMRA CRD will automatically notify
the CMRA when a photo identification document entered has expired so
the CMRA may provide notice to their customer to collect a current
copy.
Comment: Several commenters asked why a CMRA must remail PMB
customers' mail for a period of 6 month after the termination date of
their agency relationship.
Response: These comments are not within scope of the current
rulemaking. Remailing PMB customers' mail is already specified in DMM
section 1.8.3b: ``The CMRA must remail mail intended for the addressee
(customer) for at least 6 months after the termination date of the
agency relationship between the CMRA and addressee.''
Comment: Several commenters asked that the Postal Service apply the
same prohibitory language to PMBs as is applied to Post Office Boxes
insofar as suspected criminal activity in concerned. Commenters also
asked what CMRAs should do when they identify suspected criminal
activity associated with a PMB holder.
Response: The Postal Service has taken these comments into
consideration and is revising DMM section 1.8.2.f so as to make the
prohibitions apply consistently to both Private Mail Boxes (PMBs) and
P.O. Boxes, as follows:
Unlawful Activity--A PMB may not be used for, or in connection
with, a scheme or enterprise that violates any federal, state, or local
law; breaches an agreement with a federal, state, or local agency
whereby the box customer has agreed to discontinue a specified
activity; or violates or attempts to evade any order of a court or
administrative body.
Additionally, the new CMRA CRD will have a mechanism to enable CMRA
owners/managers to confidentially report suspicious activity related to
a PMB directly to the Postal Inspection Service.
Comment: Several commenters asked why a CMRA owner/manager must
complete a PS Form 1583 for themselves.
Response: This measure is being undertaken to enhance security. The
local post office will no longer retain copies of photo and address
identification documents. The documents will instead be uploaded and
securely maintained in the CMRA CRD. Although the CMRA owner/manager
will be subject to in person identification proofing, additional
measures are needed in order to retain these identification documents
so that automated means can ensure they are current and updated as
required.
Comment: Several commenters asked about the proposed rule that
states ``If information on the application does not match the
identification, the CMRA must deny the application.'' Specifically, the
commenters cited situations where a PMB applicant is new to an area and
may not have new Identification or address documents.
Response: The CMRA is required to ensure the individuals presenting
themselves as an applicant for a PMB or individuals authorized to
collect mail from a PMB are correctly identifying themselves. This
means their primary (photo) identification documents must be
acceptable, non-expired, photo identification documents and the
information on those photo identification documents must be entered
into the CMRA CRD and a clear and readable copy of those identification
documents must be uploaded into the CRD so the Postal Service may
verify the information is correct as entered. For PMB applicants new to
an area, they may use their primary (photo) identification documents
from before their move. They may also update their primary (photo)
identification documents at any time. They must update them when they
expire. For address verification, the applicant must list the address
on the application that matches the acceptable secondary (address)
identification document provided. This may be an address identification
document from a prior address, e.g., if the applicant has moved to a
new area. The individuals may update their secondary (address)
identification documents at any time.
Comment: Several commenters inquired about the requirement to
provide the address, physical or digital, where mail is transferred or
remailed on behalf of the PMB holder, either during the period of the
PMB lease or during the six-month period after the box lease has ended.
Response: The PMB holder is a Postal Service customer receiving
mail via the U.S. Mail. The Postal Service has a business and service
need to ensure its customers are receiving their mail, even if through
an agent. The information is required for contingencies such as when
the CMRA goes out of business or fails to deliver mail to the customer
as directed. This is not a new practice because the existing PS Form
1583 requires the CMRA to report the address where mail is transferred
or otherwise remailed upon request. As customer service and security
enhancements, the final rule requires that information be entered into
the CMRA CRD and be
[[Page 32114]]
updated at any time if the address for remailing changes.
Comment: Several commenters asked about the rule requiring CMRAs to
accept all classes of mail on behalf of PMB holders. Specifically, the
commenters questioned the removal of a special designation for
restricted delivery and asked about COD mail.
Response: Prior to this rule change, the only class of mail that
was treated uniquely was restricted delivery mail. The prior rule
allowed the PMB holder to specifically sign PS Form 1583 authorizing
the CMRA to receive restricted delivery mail. If this portion of PS
Form 1583 was not signed, the Postal Service was not supposed to
deliver restricted delivery mail to that specific PMB. That rule has
been an unworkable solution. The Postal Service provides single point
delivery to a CMRA and the letter carrier delivering the mail to the
CMRA has no knowledge or access to PS Form 1583s submitted for the PMB
holders and has no way to know if a piece of Restricted Mail should be
withheld from delivery. Therefore, the final rule clarifies that a PMB
holder will receive all mail via the CMRA address, including restricted
delivery. There was previously no exemption for COD mail, so the final
rule makes no change with respect to treatment of COD mail.
Comment: Several commenters asked about the implementation date of
these changes and the time period to begin using the CMRA CRD as well
as the time period to enter all PMB applicants in the CMRA CRD.
Response: To coincide with other changes to the DMM, these final
rules will go into effect on July 9, 2023. Each CMRA will receive
direct notice, via physical mail, from the Postal Service with
instructions on how to access and enter PS Form 1583 data and documents
into the CMRA CRD. Once the CMRA receives this direct notice, they will
be able to enter all the PS Form 1583 data into the application.
Existing PMB customers will need to complete a new PS Form 1583 and
provide copies of their identification documents. CMRAs will have a
period of nine (9) months to complete the task of migrating all
existing PMB customers to the new form and application.
Comment: One commentor questioned whether existing spouses who both
are currently listed on a single PS Form 1583 could be ``grandfathered
in'' and not complete a new 1583 for each.
Response: A new PS Form 1583 will need to be completed for every
PMB customer. Each spouse must complete a separate PS Form 1583. In
order for the Postal Service to optimize the security benefits of the
new system, all customers (including spouses) are required to complete
a new PS Form 1583.
Comment: One commenter stated that CMRAs lack the physical security
to ensure the protection of copies of photo and address identification
documents provided by PMB customers and asked if the CMRA could elect
to not retain a copy of the identification documents after they upload
them into the CMRA CRD to mitigate the risk of theft or loss.
Response: The Postal Service appreciates this concern. Upon further
consideration, the final rule has been revised to accommodate this
suggestion. Specifically, the final rule has been changed so that the
CMRA has the option to dispose of copies of the identification
documents after they are uploaded into the CMRA CRD. In such cases,
CMRAs will have to collect a replacement copy and upload it if, upon
review, the copy that has been uploaded is not legible or readable.
Comment: One commenter asked if a CMRA could retain a digital copy
of each completed PS Form 1583 in lieu of the original signed paper
copy.
Response: The Postal Service agrees that it is sufficient for the
CMRA to retain a digital copy of each completed PS Form 1583 in lieu of
the original signed paper copy. The final rule has been revised
accordingly.
Comment: Several commenters stated that the proposed rule
specifying CMRAs have 30 days to comply with deficiencies after being
notified by the Postal Service is an undue burden.
Response: The prior requirement was open ended and lacked
specificity. The Postal Service submits that specifying a prescribed
time period enhances predictability and promotes economy of
administration for both the CMRA and the Postal Service.
Comment: Several commenters asked the Postal Service to provide for
the receipt of the PS Form 1583 data and documents via an electronic
transfer such as an Application Process Interface (API).
Response: The Postal Service is exploring the option of allowing an
API process to upload these data. Such a facility would not be
available in the first year; however, as it will require significant
technical data definitions that the CMRA industry will have to match to
correctly push the data.
Comment: Several commenters asked the Postal Service to create an
online version of the PS Form 1583 that would allow PMB customers to
complete the application online.
Response: Given the relationship between the CMRA and the PMB
applicant and the need for in person identity proofing, the Postal
Service determined to maintain the in-person application process
between the CMRA and its customer.
Comment: One commenter asked whether the Postal Service would
respond to law enforcement subpoenas served on CMRAs for PMB holder's
data.
Response: The Postal Service will not respond to subpoenas
addressed to a CMRA. Subpoenas addressed to a CMRA are the
responsibility of the CMRA. The CMRA would normally respond to subpoena
issued to the CMRA in so far as the records of the CMRA are sought. The
Postal Service responds to court orders and subpoenas directed to the
Postal Service and when legally required to do so.
Comment: One commenter asked if the Postal Service would provide
the tools and software to scan identification documents.
Response: The Postal Service will not be providing the equipment
necessary to scan identifications. The CMRA CRD will require a computer
connected to the internet to access the database and will require CMRAs
to be able to take digital pictures or scans that they can upload via
the web-based application. None of the above will require unique or
specialized equipment and is equipment commonly used by CMRAs.
Comment: One commenter asked the Postal Service to endorse a
digital identity verification process, in addition to employee-
facilitated verification, sufficient to meet the verification process
for an individual seeking to be listed on PS Form 1583.
Response: The Postal Service requires either that:
The PS Form 1583 be notarized, or
The applicant's identity be verified in person by a CMRA
employee.
Current subsections 1.8.1 through 1.8.4 will be renumbered as
subsections 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
[[Page 32115]]
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 private mailboxes (PMBs) may
not be used for unlawful activity.
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. 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 revised to specify that CMRAs will have 30 days to comply with
deficiencies that are identified by the Postal Service. The Postal
Service is adding 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
customer's 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 deleting 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.
We believe this proposed revision will provide customers with a
more efficient process for establishing a CMRA.
The Postal Service adopts the following changes 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 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.
[[Page 32116]]
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.
f. Unlawful Activity--A Private Mail Box (PMB) may not be used for,
or in connection with, a scheme or enterprise that violates any
federal, state, or local law; breaches an agreement with a federal,
state, or local agency whereby the box customer has agreed to
discontinue a specified activity; or violates or attempts to evade any
order of a court or administrative body.
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 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. 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 (CRD). The
CMRA must maintain, at a minimum, a digital copy of a completed PS Form
1583 at the CMRA business location. The PS Form 1583 must be available
at all times for examination by postal representatives and postal
inspectors. Images of the primary and secondary forms of identification
do not need to be retained at the CMRA after they are uploaded into the
CMRA Customer Registration Database. If, upon review by the Postal
Service the image uploaded is not clear and legible, the CMRA will be
notified to promptly collect and upload a replacement image.
[Delete renumbered item 1.8.3d and renumber items e through j as
items d through i.]
* * * * *
[Renumber renumbered 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:]
j. * * * 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
[[Page 32117]]
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.]
* * * * *
[Deleted renumbered 1.8.5, Office Business Center Acting as a CMRA,
in its entirety.]
* * * * *
Sarah Sullivan,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-10536 Filed 5-18-23; 8:45 am]
BILLING CODE P