45366 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules

transactions involving at least $500 in

funds or other assets. The third

proposed regulation (62 FR 27909)

would require money transmitters and

their agents to report and retain records

of transactions in currency or monetary

instruments of at least $750 in

connection with the transmission or

other transfer of funds to any person

outside the United States, and to verify

the identity of senders of such

transmissions or transfers.

On July 8, 1997, FinCEN announced

that it would hold four working

meetings to give interested persons the

opportunity to discuss with FinCEN

officials issues arising under the

proposed regulations (62 FR 36475). The

meetings addressed issues relating to (1)

the definition and registration of money

services businesses (July 21, 1997,

Vienna, VA), (2) money transmitters

(July 28, 1997, New York, NY), (3)

stored value products (August 1, 1997,

San Jose, CA), and (4) issuers, sellers,

and redeemers of money orders or

traveler’s checks (August 15, 1997,

Chicago, IL). At those meetings, FinCEN

distributed draft copies of the forms that

will be used to implement the proposed

regulations.

FinCEN is announcing today a

meeting on September 3, 1997 to

discuss issues relating to the draft forms

for (1) registration of money services

businesses, (2) suspicious transaction

reporting by money transmitters and

issuers, sellers, and redeemers, of

money orders and traveler’s checks, and

(3) currency transaction reporting by

money tranmsitters of $750 or more

outside the United States.

Copies of the draft forms will be

available at the meeting. Persons

wishing to obtain copies of the draft

forms in advance of the meeting should

call the number listed under the

heading Attendance in the FOR FURTHER

INFORMATION CONTACT section of this

notice. The draft forms are for

discussion only; therefore, money

services businesses should not file these

draft forms.

The meeting is not intended as a

substitute for the Paperwork Reduction

Act notices that will be published

regarding the forms. Rather, the meeting

is intended to help make the comment

process on the draft forms as productive

as possible by providing a forum

between the industry and FinCEN

concerning issues relating to the forms.

The meeting will be open to the public

and will be recorded. A transcript of the

meeting will be available for public

inspection and copying; prepared

statements will be accepted for

inclusion in the record. Accordingly,

oral or written material not intended to

be disclosed to the public should not be

raised at the meeting.

Persons wishing to attend or to

participate in the meeting should inform

either Camille Steele or Karen Robb as

listed under the FOR FURTHER

INFORMATION CONTACT section.

Dated August 21, 1997.

Joseph M. Myers,

Federal Register Liaison Officer, Financial

Crimes Enforcement Network.

[FR Doc. 97–22759 Filed 8–26–97; 8:45 am]

BILLING CODE 4820–03–P

POSTAL SERVICE

39 CFR Part 111

Delivery of Mail to a Commercial Mail

Receiving Agency

AGENCY: Postal Service.

ACTION: Notice of proposed rule with

request for comments.

SUMMARY: The purpose of this proposal

is to amend section D042.2.5 through

D042.2.7 of the Domestic Mail Manual

to update and clarify procedures for

delivery of an addressee’s mail to a

Commercial Mail Receiving Agency

(CMRA). The proposal provides

procedures for registration to act as a

CMRA; an addressee to request mail

delivery to a CMRA; and in delivery of

the mail to a CMRA.

DATES: Comments must be received on

or before September 26, 1997.

ADDRESSES: Written comments should

be mailed to Manager, Delivery,

Operations Support, U.S. Postal Service,

475 L ’Enfant Plaza SW Room 7142,

Washington, DC 20260–2802. Copies of

all written comments will be available

for inspection and photocopying

between 9:00 a.m. and 4:00 p.m.,

Monday through Friday, at the above

address.

FOR FURTHER INFORMATION CONTACT: Roy

E. Gamble, (202) 268–3197.

SUPPLEMENTARY INFORMATION: An

appropriate amendment to 39 CFR 111.3

to reflect these changes will be

published if the proposal is adopted.

The proposal to amend sections

D042.2.5 through D042.2.7 of the

Domestic Mail Manual is in response to

a need to clarify and revise current rules

to safeguard the mails. Recent audits

indicate that many CMRAs are not in

full compliance with current

requirements to properly safeguard the

mails.

Security of the mails is the issue most

important to all customers. Audits and

follow-up reviews indicate a need for

easy-to-understand rules that receive

consistent interpretation to satisfy the

different needs and requirements of

both the sender and the addressee

customer. In some instances, it appears

that CMRAs are not aware of or do not

fully understand, the current rules.

Accordingly, this proposal seeks to

clarify and update and adds some new

requirements to existing rules. In many

instances, these requirements are

similar to those for obtaining post office

box service.

The proposed requirements are

sensitive to the addressee customer’s

needs and protective of the sender

customer’s requirement for a secure

mail stream. The proposed rules will

require Postal Service employees to

monitor and enforce compliance. The

requirements also emphasize to CMRAs

the need for mail security and the

consequences of noncompliance.

Summary of proposed changes.

Section D042.2.5 confirms the

addressee’s right to request delivery to

a CMRA and provides procedures for a

person to establish a commercial mail

receiving agency.

Section D042.2.5(b) requires CMRAs

to complete and submit Form 1583–A to

the postmaster (or designee) to register

as a CMRA. The Form 1583–A is a new

form that provides a standard vehicle

for registration. It also requires the

CMRA owner or manager to furnish

valid identification to register.

Section D042.2.5(c) requires the

postmaster to verify the identity and

witness the signature of the CMRA

owner or manager. The CMRA owner or

manager must also sign the form

acknowledging receipt of DMM

regulations relevant to the operation of

a CMRA.

Section D042.2.5(d) confirms the

current policy that CMRAs may not

accept accountable mail from their

customers for mailing.

Proposed section D042.2.6 clarifies

procedures for addressees to request

delivery to a CMRA and requirements

for delivery of mail to a CMRA,

consistent with current rules.

Section D042.2.6(a) requires the

addressee and the CMRA to complete

Form 1583, and clarifies the type of

identification that the addressee must

present and the CMRA’s responsibility

to witness the addressee’s signature.

This section also requires the CMRA to

verify the identity of the addressee and

to write the CMRA actual delivery

address designation assigned to the

addressee in block 3 on Form 1583. This

proposal prevents mail delivery to a

CMRA without verifiable consent of the

actual addressee and reflects current

practices to confirm that identification

belongs to the person presenting it.
Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules 45367

Section D042.2.6(b) is a new

provision that requires addressees to

disclose when the private mailbox is

being used for the purpose of doing or

soliciting business to the public. In this

instance, information required to

complete Form 1583 may be available to

the public under Privacy Act provisions.

Section D042.2.6(c) clarifies the

CMRA’s responsibility to provide the

original Form 1583 to the Postal Service

and to maintain a duplicate copy at the

CMRA business location.

Proposed D042.2.6(d) provides

procedures for when an addressee

terminates his or her relationship with

the CMRA. As with current rules, the

CMRA must write the termination date

on its copy of Form 1583. However,

unlike the current rule, the proposed

rule requires that the CMRA retain the

form for 12 months. The CMRA does not

provide immediate notice of the

termination to the Postal Service;

instead, the CMRA submits quarterly

updates of the CMRA’s customer list to

the Postal Service. This replaces the

annual submission of such lists as

required by the current DMM

D042.2.7(d).

Proposed section D042.2.6(e) provides

that the CMRA delivery address

designation for customer’s mail must

contain specific address elements

identifying it as the location to which a

mailpiece is delivered. This proposal is

consistent with the current policy of

general addressing standards as required

by A010.1.1 and A010.1.2, Address

Content and Placement.

Proposed D042.2.6(f) confirms the

current policy that postal forms are not

valid if altered or modified.

Proposed sections D042.2.6 (g) and (h)

confirm the current policy that subjects

the CMRA to suspension of delivery if

the CMRA is not in full compliance

with requirements for operating a

CMRA.

Proposed sections D042.2.7 clarifies

the handling of mail by CMRAs,

particularly mail addressed to former

customers.

Sections D042.2.7 (a) and (b) reiterate

current policy that the addressee and

CMRA may not file change-of-address

orders when the relationship terminates

and that mail re-mailed by the CMRA

must have new postage affixed.

Section D042.2.7(c) changes the time

interval from annual to quarterly for

CMRAs to submit to the Postal Service

an alphabetical list of all its customers

including those terminated within the

last 12 months.

Proposed section D042.2.7(d) clarifies

regulations for refusal of mail. The

CMRA must accept and if necessary remail (with new postage) mail addressed

to current customers and customers who

have terminated their relationship with

the CMRA within the last 12 months. If

mail is received more than 12 months

after the customer relationship with the

CMRA terminates, the CMRA may

return the mail to the Postal Service,

endorsed as required by section

D042.2.7(e).

Section D042.2.7(e) confirms the

obligation of the CMRA to return to the

Postal Service mail for any addressee for

whom the CMRA does not have a valid

Form 1583. It also requires the CMRA to

endorse this mail as specified and

return it to the Postal Service the next

business day after receipt. The section

also confirms the obligation of the

CMRA to return misdelivered mail to

the Postal Service.

Section D042.2.7(f) specifies that the

CMRA must not deposit any return mail

into a collection box. The CMRA must

return this mail to the post office or give

it to the letter carrier responsible for

delivery to the CMRA.

Although exempt from the notice and

comment requirements of the

Administrative Procedures Act (5 U.S.C.

of 553 (b), (c)) regarding proposed

rulemaking by 39 U.S.C. 410(a), the

Postal Service invites public comment

on the following proposed revisions to

the Domestic Mail Manual, incorporated

by reference in the Code of Federal

Regulations. See 39 CFR 111.1.

List of Subjects in 39 CFR Part 111

Postal Service.

PART 111—[AMENDED]

1. The authority citation for 39 CFR

part 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,

401, 403, 404, 3001–3011, 3201–3219, 3403–

3406, 3621, 5001.

2. Section D042.2.0 of the Domestic

Mail Manual is amended by revising

subsections D042.2.5, D042.2.6, and

D042.2.7 to read as follows:

Part D042—Conditions of Delivery

* * * * *

2.0 DELIVERY TO ANOTHER

* * * * *

2.5 CMRA

a. An addressee may request mail

delivery to a commercial mail receiving

agency (CMRA). The CMRA accepts

delivery of the mail and holds it for

pickup or re-mails it to the addressee,

prepaid with new postage.

b. Each CMRA must register with the

post office responsible for delivery to

the CMRA. Any person who establishes,

owns or manages a CMRA must provide

a Form 1583–A, Application to Act as

Commercial Mail Receiving Agency, to

the postmaster (or designee) responsible

for the delivery address. The CMRA

owner or manager must complete all

entries and sign the Form 1583–A. The

CMRA owner or manager must furnish

two items of valid identification; one

item must contain a photograph of the

CMRA owner or manager. The following

are examples of acceptable

identification:

(1) Valid driver’s license.

(2) Armed forces, government, or

recognized corporate identification card.

(3) Passport or alien registration card.

(4) Other credential showing the

applicant’s signature and a serial

number or similar information that is

traceable to the bearer.

The postmaster (or designee) may

retain a photocopy of the identification

for verification purposes. Furnishing

false information on the application or

refusing to give required information

will be reason for denying the

application. When any information

required on Form 1583–A changes or

becomes obsolete, the CMRA owner or

manager must file a revised application

with the postmaster.

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 the Form 1583–A; witness the

signature of the CMRA owner or

manager; and sign the Form 1583–A.

The postmaster must provide the CMRA

with a copy of the DMM regulations

relevant to the operation of a CMRA.

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 and provide

the CMRA with a duplicate copy.

d. The approval of Form 1583–A does

not authorize the CMRA to accept

accountable mail (for example:

Registered, Insured, or COD) from their

customers for mailing. The only

acceptable mailing point for accountable

mail is the post office.

2.6 Delivery to CMRA

a. Mail delivery to a CMRA requires

that both the owner or manager and

each addressee complete and sign Form

1583, Application for Delivery of Mail

Through Agent. The CMRA owner or

manager, or authorized employee, or a

notary public must witness the

signature of the addressee. The

addressee must complete all entries on

Form 1583. The CMRA owner or

manager must verify the documentation

to confirm that the addressee resides or

conducts business at the permanent
45368 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules

address shown on Form 1583.

Furnishing false information on the

application or refusing to give required

information will be reason for

withholding the addressee’s mail from

delivery to the agency and returning it

to the sender. When any information

required on Form 1583 changes or

becomes obsolete, the addressee must

file a revised application with the

CMRA. The addressee must furnish two

items of valid identification; one item

must contain a photograph of the

addressee. The following are examples

of acceptable identification:

(1) Valid driver’s license.

(2) Armed forces, government, or

recognized corporate identification card.

(3) Passport or alien registration card.

(4) Other credential showing the

applicant’s signature and a serial

number or similar information that is

traceable to the bearer.

The CMRA owner or manager may

retain a photocopy of the identification

for verification purposes. The CMRA

owner or manager must list the two

forms of identification (block 9) and

write the complete CMRA actual

delivery address designation used to

deliver mail to the addressee (block 3)

on Form 1583.

b. The addressee must disclose on

Form 1583 when the private mailbox is

being used for the purpose of doing or

soliciting business to the public. The

information required to complete this

form may be available to the public if

‘‘yes’’ in block 5 on Form 1583 is

checked.

c. The CMRA must provide the

original completed Forms 1583 to the

postmaster. The CMRA must maintain

duplicate copies of completed Forms

1583 on file at the CMRA business

location. The Forms 1583 must be

available at all times for examination by

postal representatives and the Postal

Inspection Service. The postmaster must

file the original Forms 1583

alphabetically by last name of the

addressee for each CMRA at the station,

branch, or post office. The postmaster

files the original Forms 1583 without

verifying the address of residence or

firm shown on the Forms 1583.

Verification is required only when the

postmaster receives a request by the

Inspector-In-Charge, or when there is

reason to believe the addressee’s mail

may be, or is being, used for unlawful

purposes.

d. When the agency relationship

between the CMRA and the addressee

terminates, the CMRA must write the

date of termination on its duplicate

copy of Form 1583. The CMRA must

notify the post office of termination

dates through the quarterly updates (due

on January 1, April 1, July 1, and

October 1) of the alphabetical list of

customers cross-referenced to the CMRA

actual addressee delivery designations.

The alphabetical list must contain all

new customers, current customers, and

those customers who terminated within

the last 12 months, including the date

of termination. The CMRA must retain

the endorsed duplicate copies of Forms

1583 for 12 months after the termination

date. Forms 1583 filed at the CMRA

business location must be available at

all times for examination by postal

representatives and the Postal

Inspection Service.

e. A CMRA must represent its

delivery address designations for the

intended addressees as a private

mailbox (PMB). The CMRA delivery

address designations must specify the

location to which a mailpiece is

delivered. Mail pieces must bear

delivery address designations that

contain at least the following elements,

in this order:

(1) Intended addressee’s name or

other identification. Examples: Joe Doe

or ABC CO.

(2) PMB and number. Example: PMB

234.

(3) Street number and name or post

office box number or rural route

designation and number. Examples: 10

Main St or PO BOX 34 or RR 1 BOX 12.

(4) City, state and ZIP Code (5–digit

or ZIP+4). Example: Herndon Va 22071–

2716.

The CMRA must write the complete

CMRA actual delivery address

designation used to deliver mail to each

individual addressee or firm on the PS

Forms 1583 (block 3).

f. A CMRA or the addressee must not

modify or alter Form 1583 or Form

1583–A. Modified or altered forms are

invalid and the addressee’s mail

returned to sender in accordance with

Postal Service regulations.

g. The CMRA must be in full

compliance with DMM D042.2.5

through D042.2.7 and other applicable

postal requirements to receive delivery

of mail from the post office.

h. The postmaster may, with the next

higher level approval and notification to

the Inspector-In-Charge, suspend

delivery to a CMRA that, after proper

notification, fails to comply with

D042.2.5 through D042.2.7 or other

applicable postal requirements.

2.7 Addressee and CMRA Agreement

In delivery of the mail to the CMRA,

the addressee and the CMRA agree that:

a. When the agency relationship

between the CMRA and the addressee

terminates, neither the addressee nor

the CMRA will file a change-of-address

order with the post office.

b. The CMRA must re-mail mail

intended for the addressee for 12

months after the termination date of the

agency relationship between CMRA and

addressee. When re-mailed by the

CMRA, mail requires payment of new

postage.

c. The CMRA must provide to the

postmaster a quarterly list (due January

1, April 1, July 1, and October 1) of its

customers in alphabetical order crossreferenced to the CMRA actual

addressee delivery designations. The

alphabetical list must contain all new

customers, current customers, and those

customers who terminated within the

last 12 months, including the date of

termination.

d. A CMRA may not refuse delivery

of mail if the mail is for an addressee

that is a customer or former customer

(within the last 12 months). The

agreement between the addressee and

the CMRA obligates the CMRA to

receive all mail, except restricted

delivery, for the addressee. The

addressee may authorize the CMRA in

writing on Form 1583 (block 6) to

receive restricted delivery mail for the

addressee.

e. If the CMRA has no Form 1583 on

file for an intended addressee, the

CMRA must return that mail to the post

office responsible for delivery. The

CMRA must return this mail to the post

office the next business day after receipt

with this proper endorsement:

‘‘Undeliverable, Commercial Mail

Receiving Agency, No Authorization To

Receive Mail for This Addressee.’’

Return this mail without payment of

new postage to the post office. The

CMRA must also return misdelivered

mail the next business day after receipt.

f. The CMRA must not deposit return

mail in a collection box. Return mail

must be returned to the post office or

given to the letter carrier responsible for

delivery to the CMRA.

* * * * *

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–22694 Filed 8–26–97; 8:45 am]

BILLING CODE 7710–12–P