Commercial Mail Receiving Agencies Clarification, 35716-35717 [2024-06989]
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35716
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone to cover all navigable waters
within the Mackinac Regulated
Navigation Area within 500 yards of
vessels and machinery being used to lay
stone over 138kV submarine power
cables. It is categorically excluded from
further review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
§ 165.T09–0278 Safety Zone; Tugs Nancy
Anne, Champion, General, WM. Boyd,
Shirley Ann, crew boat Timmy V., and
barges Koko II, Koko III, Koko IV, MM 141,
MM 142, D Barge 2002, D Barge 2006, and
D Barge 2007 operating in the Straits of
Mackinac, MI
(a) Location. The following area is a
safety zone: All navigable waters within
500 yards of the Tug Nancy Anne, Tug
Champion, Tug General, Tug WM.
Boyd, Tug Shirley Ann, crew boat
Timmy V., barges Koko II, Koko III,
Koko IV, MM 141, MM 142, D Barge
2002, D Barge 2006, and D Barge 2007
while laying stone over the Submarine
Power cables within the Straits of
Mackinac RNA.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Northern Great Lakes (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16 or
telephone at (906) 635–3233. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
Dated: April 24, 2024.
J.R. Bendle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern Great Lakes.
[FR Doc. 2024–09536 Filed 5–1–24; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
khammond on DSKJM1Z7X2PROD with RULES
2. Add § 165.T09–0278 to read as
follows:
■
POSTAL SERVICE
39 CFR Part 111
Commercial Mail Receiving Agencies
Clarification
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is
amending Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) to clarify
Commercial Mail Receiving Agencies
(CMRA) notary responsibilities for the
addressee’s signature.
SUMMARY:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
VerDate Sep<11>2014
16:20 May 01, 2024
Jkt 262001
PO 00000
Frm 00032
Fmt 4700
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DATES:
Effective date: May 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Heidi Michel at (414) 239–2976, Clayton
Gerber at (202) 449–8076, or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: On
December 29, 2023, the Postal Service
published a notice of proposed
rulemaking (88 FR 90137–90138) to
clarify CMRA notary responsibilities for
the addressee’s signature. In response to
the proposed rule, the Postal Service
received one response to the notice of
proposed rulemaking which included
comments on multiple topics. The
commenter is a business that provides
remote notarial services to the public.
Comments and the Postal Service
responses are summarized as follows.
Comment: The commenter stated
allowing CMRA owner/managers to
witness the execution of PS Form 1583
remotely via a real-time audio and video
session provided insufficient fraud
controls.
Response: CMRAs are authorized to
operate upon application to the Postal
Service. This is a longstanding
requirement, as the Postal Service
required CMRA owner/managers to sign
PS Form 1583 as far back as 1967. In
1973, the Postal Service required the
CMRA owner/manager to witness the
execution of PS Form 1583. It was not
until 1982 that the Postal Service
allowed a notary public to witness the
execution of PS Form 1583. The final
rule continues the practice of allowing
CMRA owner/managers to witness the
execution of PS Form 1583 provided the
applicant presents themself along with
two acceptable forms of identification in
accordance with Domestic Mail Manual
(DMM) sections 608.10.3–.4. The final
rule permitting CMRA owners/managers
to witness the execution of PS Form
1583 via real-time audio and video is
consistent with these longstanding inperson practices and does not diminish
any fraud controls that are already in
place.
Comment: The commenter agreed
with the Postal Service that remote
alternatives to physical presence are
necessary in today’s business
environment.
Response: The Postal Service agrees
with the commenter that remote
alternatives are desirable, which is why
the final rule allows applicants to sign
or confirm their signature in the
physical or virtual (in real-time audio
and video) presence of the CMRA
owner/manager.
Comment: The commenter proposed
that, if a CMRA owner/manager signed
a PS Form 1583 after a virtual session
with the applicant, the CMRA follow a
E:\FR\FM\02MYR1.SGM
02MYR1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations
prescribed set of steps for the virtual
session, including recording the virtual
session and maintaining/storing that
recording.
Response: The Postal Service has not
prescribed the steps a CMRA must
follow when witnessing the execution of
PS Form 1583 during a virtual session,
just like it has not prescribed the steps
a CMRA must follow when witnessing
the execution of PS Form 1583 in
person. In addition, based on the Postal
Service’s experience, the burden and
expense associated with the proposed
additional recording and maintenance/
storage requirements also must be
balanced against need for such
additional measures, and the Postal
Service has not yet determined such a
need exists. Consequently, the Postal
Service declines to adopt the
commenter’s suggestion.
Comment: The commenter recognized
the changes to the Rules related to
Private Mail Box (PMB) applicant
registration will help prevent fraud.
Response: The Postal Service shares
this conclusion and expects that
changes will reduce the incidence of
fraud and criminal activity through
PMBs at CMRAs.
Comment: The commenter suggested
that by allowing the addressee to
‘‘acknowledge’’ his or her signature in
the real or virtual presence of a CMRA
owner/manager, the Postal Service may
be unintentionally conferring notarial
authority on the CMRA owner/manager.
Response: Notaries in the United
States are appointed by state
governments. The Postal Service has no
authority to confer any notarial
authority on any person, and we believe
the use of the term ‘‘acknowledge’’ in
relation to a CMRA owner/manager does
not confer, and was not intended to
confer, any such authority.
Nevertheless, in the final rule, the
language has been changed to address
the commenter’s concern that using the
term ‘‘acknowledge’’ in relation to a
CMRA owner/manager may be
construed to confer notarial authority
upon the CMRA owner/manager;
accordingly the term ‘‘acknowledge’’
will be replaced with ‘‘confirm’’ in
relation to a CMRA owner/manager:
‘‘[t]he addressee must sign or confirm
his or her signature in the physical or
virtual (in real-time audio and video)
presence of the CMRA owner or
manager or authorized employee. . . .’’
The Postal Service is revising DMM
subsection 508.1.8.3a3 to clarify that the
notary public must be commissioned in
a United States state, territory,
possession, or the District of Columbia
and to clarify the notary public’s
responsibilities with respect to the
VerDate Sep<11>2014
16:20 May 01, 2024
Jkt 262001
addressee’s signature on PS Form 1583.
This clarification is needed to establish
that the notary public is domestically
commissioned and to address
particularities of some state notary
public laws that do not authorize
notaries public to attest a signature. The
revision allows notaries public to
recognize the PS Form 1583 applicant’s
acknowledged signature.
The revision also clarifies that the
addressee must sign or confirm his or
her signature on the PS Form 1583 in
the physical or virtual (in real-time
audio and video) presence of the CMRA
owner, manager, or authorized
employee, or acknowledge his or her
signature on the PS Form 1583 in the
physical or virtual (in real-time audio
and video) presence of a notary public.
We believe this revision will provide
CMRA owners/managers with a more
efficient process for accepting the PS
Form 1583 and establishing mail
delivery for a private mailbox (PMB)
customer of the CMRA.
The Postal Service adopts the
described changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations.
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
List of Subjects in 39 CFR Part 111
35717
1.8 Commercial Mail Receiving
Agencies
*
1.8.3
*
*
*
*
Delivery to CMRA
Procedures for delivery to a CMRA are
as follows:
a. The following applies:
*
*
*
*
*
[Revise the first sentence of item a3 to
read as follows:]
The addressee must sign or confirm
his or her signature in the physical or
virtual (in real-time audio and video)
presence of the CMRA owner or
manager or authorized employee, or
acknowledge his or her signature in the
physical or virtual (in real-time audio
and video) presence of a notary public
commissioned in a United States state,
territory, possession, or the District of
Columbia. * * *
*
*
*
*
*
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024–06989 Filed 5–1–24; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2021–0791; FRL–8599–02–
OW]
RIN 2040–AG17
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
amended as follows:
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, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, 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
*
*
PO 00000
*
*
Frm 00033
*
*
*
Fmt 4700
*
*
*
Sfmt 4700
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PART 111—[AMENDED]
*
Water Quality Standards Regulatory
Revisions To Protect Tribal Reserved
Rights
The U.S. Environmental
Protection Agency (EPA) is finalizing
revisions to the Clean Water Act (CWA)
water quality standards (WQS)
regulation to add requirements for states
establishing WQS in waters where
Tribes hold and assert rights to CWAprotected aquatic and aquaticdependent resources reserved through
treaties, statutes, or Executive orders.
DATES: This final rule is effective on
June 3, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2021–0791. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
SUMMARY:
E:\FR\FM\02MYR1.SGM
02MYR1
Agencies
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35716-35717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06989]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
Commercial Mail Receiving Agencies Clarification
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is amending Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) to clarify
Commercial Mail Receiving Agencies (CMRA) notary responsibilities for
the addressee's signature.
DATES: Effective date: May 1, 2024.
FOR FURTHER INFORMATION CONTACT: Heidi Michel at (414) 239-2976,
Clayton Gerber at (202) 449-8076, or Garry Rodriguez at (202) 268-7281.
SUPPLEMENTARY INFORMATION: On December 29, 2023, the Postal Service
published a notice of proposed rulemaking (88 FR 90137-90138) to
clarify CMRA notary responsibilities for the addressee's signature. In
response to the proposed rule, the Postal Service received one response
to the notice of proposed rulemaking which included comments on
multiple topics. The commenter is a business that provides remote
notarial services to the public. Comments and the Postal Service
responses are summarized as follows.
Comment: The commenter stated allowing CMRA owner/managers to
witness the execution of PS Form 1583 remotely via a real-time audio
and video session provided insufficient fraud controls.
Response: CMRAs are authorized to operate upon application to the
Postal Service. This is a longstanding requirement, as the Postal
Service required CMRA owner/managers to sign PS Form 1583 as far back
as 1967. In 1973, the Postal Service required the CMRA owner/manager to
witness the execution of PS Form 1583. It was not until 1982 that the
Postal Service allowed a notary public to witness the execution of PS
Form 1583. The final rule continues the practice of allowing CMRA
owner/managers to witness the execution of PS Form 1583 provided the
applicant presents themself along with two acceptable forms of
identification in accordance with Domestic Mail Manual (DMM) sections
608.10.3-.4. The final rule permitting CMRA owners/managers to witness
the execution of PS Form 1583 via real-time audio and video is
consistent with these longstanding in-person practices and does not
diminish any fraud controls that are already in place.
Comment: The commenter agreed with the Postal Service that remote
alternatives to physical presence are necessary in today's business
environment.
Response: The Postal Service agrees with the commenter that remote
alternatives are desirable, which is why the final rule allows
applicants to sign or confirm their signature in the physical or
virtual (in real-time audio and video) presence of the CMRA owner/
manager.
Comment: The commenter proposed that, if a CMRA owner/manager
signed a PS Form 1583 after a virtual session with the applicant, the
CMRA follow a
[[Page 35717]]
prescribed set of steps for the virtual session, including recording
the virtual session and maintaining/storing that recording.
Response: The Postal Service has not prescribed the steps a CMRA
must follow when witnessing the execution of PS Form 1583 during a
virtual session, just like it has not prescribed the steps a CMRA must
follow when witnessing the execution of PS Form 1583 in person. In
addition, based on the Postal Service's experience, the burden and
expense associated with the proposed additional recording and
maintenance/storage requirements also must be balanced against need for
such additional measures, and the Postal Service has not yet determined
such a need exists. Consequently, the Postal Service declines to adopt
the commenter's suggestion.
Comment: The commenter recognized the changes to the Rules related
to Private Mail Box (PMB) applicant registration will help prevent
fraud.
Response: The Postal Service shares this conclusion and expects
that changes will reduce the incidence of fraud and criminal activity
through PMBs at CMRAs.
Comment: The commenter suggested that by allowing the addressee to
``acknowledge'' his or her signature in the real or virtual presence of
a CMRA owner/manager, the Postal Service may be unintentionally
conferring notarial authority on the CMRA owner/manager.
Response: Notaries in the United States are appointed by state
governments. The Postal Service has no authority to confer any notarial
authority on any person, and we believe the use of the term
``acknowledge'' in relation to a CMRA owner/manager does not confer,
and was not intended to confer, any such authority. Nevertheless, in
the final rule, the language has been changed to address the
commenter's concern that using the term ``acknowledge'' in relation to
a CMRA owner/manager may be construed to confer notarial authority upon
the CMRA owner/manager; accordingly the term ``acknowledge'' will be
replaced with ``confirm'' in relation to a CMRA owner/manager: ``[t]he
addressee must sign or confirm his or her signature in the physical or
virtual (in real-time audio and video) presence of the CMRA owner or
manager or authorized employee. . . .''
The Postal Service is revising DMM subsection 508.1.8.3a3 to
clarify that the notary public must be commissioned in a United States
state, territory, possession, or the District of Columbia and to
clarify the notary public's responsibilities with respect to the
addressee's signature on PS Form 1583. This clarification is needed to
establish that the notary public is domestically commissioned and to
address particularities of some state notary public laws that do not
authorize notaries public to attest a signature. The revision allows
notaries public to recognize the PS Form 1583 applicant's acknowledged
signature.
The revision also clarifies that the addressee must sign or confirm
his or her signature on the PS Form 1583 in the physical or virtual (in
real-time audio and video) presence of the CMRA owner, manager, or
authorized employee, or acknowledge his or her signature on the PS Form
1583 in the physical or virtual (in real-time audio and video) presence
of a notary public.
We believe this revision will provide CMRA owners/managers with a
more efficient process for accepting the PS Form 1583 and establishing
mail delivery for a private mailbox (PMB) customer of the CMRA.
The Postal Service adopts the described changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), incorporated by reference in the Code of Federal Regulations.
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, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, 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
* * * * *
1.8.3 Delivery to CMRA
Procedures for delivery to a CMRA are as follows:
a. The following applies:
* * * * *
[Revise the first sentence of item a3 to read as follows:]
The addressee must sign or confirm his or her signature in the
physical or virtual (in real-time audio and video) presence of the CMRA
owner or manager or authorized employee, or acknowledge his or her
signature in the physical or virtual (in real-time audio and video)
presence of a notary public commissioned in a United States state,
territory, possession, or the District of Columbia. * * *
* * * * *
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024-06989 Filed 5-1-24; 8:45 am]
BILLING CODE P