Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49955 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 ...................................... Permits Required for New or Existing Stationary Sources.03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

* * * * * * * 

567–22.10 .................................... Permitting Requirements for 

Country Grain Elevators, Country Grain Terminal Elevators, 

Grain Terminal Elevators and 

Feed Mill Equipment.

03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

* * * * * * * 

Chapter 23—Emission Standards for Contaminants 

* * * * * * * 

567–23.4 ...................................... Specific Processes ...................... 03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

Subrule 23.4(10) is not 

SIP-approved. 

* * * * * * * 

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 4. Appendix A to Part 70 is amended 

by adding paragraph (j) under ‘‘Iowa’’ to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(j) The Iowa Department of Natural 

Resources submitted for program approval 

rule 567–22.100(455B) on April 8, 2008. The 

state effective date was March 19, 2008. 

These revisions to the Iowa program are 

approved effective October 24, 2008. 

* * * * * 

[FR Doc. E8–19519 Filed 8–22–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–192 

[FMR Amendment 2008–06; FMR Case 

2003–102–1; Docket 2008–0001; Sequence 

4] 

RIN 3090–AH13 

Federal Management Regulation; FMR 

Case 2003–102–1; Mail Management 

AGENCY: Office of Governmentwide 

Policy, GSA. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

revising the current mail management 

policy. This final rule incorporates 

changes made to the current interim 

rule. 

DATES: This final rule is effective August 

25, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Derrick 

Miliner, Office of Governmentwide 

Policy, Mail Management Policy, at 

(202) 273–3564, or e-mail at 

derrick.miliner@gsa.gov. The Regulatory 

Secretariat, Room 4041, GS Building, 

Washington, DC 20405, at (202) 501–

4755 for information pertaining to status 

or publication schedules. Please cite 

FMR case 2003–102–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On May 29, 2001, the General 

Services Administration (GSA) 

published a proposed rule for mail 

management in the Federal Register (66 

FR 29067). After considering all 

comments received on the proposed 

rule, GSA published an interim rule for 

mail management in the Federal 

Register, which was effective on its 

publication date, June 6, 2002 (67 FR 

38896). 

GSA chose to publish an interim rule 

in 2002 because we recognized that 

experience would identify some 

elements of the interim rule that would 

need to be changed. This final rule 

reflects that experience. 

The significant changes between this 

final rule and the interim rule are: 

1. This final rule removes Appendix 

A, titled ‘‘Large Agency Mailers.’’ The 

list of agencies that qualify as large, as 

defined in this regulation, changes 

slightly every year. GSA has 

determined, therefore, that it is better to 

publish this list on its web site, 

www.gsa.gov/mailpolicy, rather than in 

this regulation. 

2. This final rule removes Appendix 

B titled ‘‘Mail Center Security Plan.’’

GSA has determined that this final rule 

should contain only the basic 

requirements for security plans, and that 

any additional guidance should be 


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49956 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

provided through its web site, 

www.gsa.gov/mailpolicy. Best practices 

in mail center security evolve too 

quickly for inclusion in the FMR. See 

Subpart C for the minimum 

requirements for security plans and 

policies. 

3. This final rule removes the 

minimum size for facilities to have 

written mail security plans. The Mail 

Regulation Interagency Working Group 

decided that any facility processing mail 

must have a written security plan, 

regardless of its size, and GSA has 

adopted that finding in this regulation. 

4. This final rule removes from the 

definition of ‘‘mail’’ packages of any 

size or weight containing parts and 

supplies issued from materiel 

distribution centers. Packages up to 70 

pounds containing paper, publications, 

and similar materials are still included 

in the definition of mail. GSA has made 

this change at the request of several 

agencies, including the Department of 

Defense and the National Aeronautics 

and Space Administration. Parts and 

supplies are not ‘‘records,’’ as 

envisioned by the Federal Records 

Management Amendments of 1976 (44 

U.S.C. 2901–2904), which provides the 

authority for this Part. 

5. This final rule reestablishes the 

requirement that every agency must 

have an agency mail manager and must 

have a mail center manager at every 

Federal facility that processes mail; this 

rule was first established in part 101–9 

of the Federal Property Management 

Regulation (FPMR) (41 CFR part 101–9) 

and was inadvertently not included in 

the interim rule. 

6. This final rule moves the due date 

for the annual mail management reports 

from March 30 to January 15. 

7. The interim rule required that all 

agencies begin using commercial 

payment processes for mail and stop 

using the United States Postal Service 

(USPS) Official Mail Accounting 

System. Many agencies are currently 

operating under temporary deviations 

that give them additional time to meet 

this requirement. When GSA amended 

41 CFR part 102–192 to change the date 

for this requirement to December 31, 

2003, it also stated that ‘‘all deviation 

requests will be required to include a 

discussion of how the agency has 

implemented, or plans to implement, an 

accountable system for making postage 

payments.’’ This final rule requires that, 

in their annual report, all large agencies 

discuss how they are implementing an 

accountable system for postage 

payments, or how they plan to do so. It 

also requires that all agencies discuss 

how they plan to implement an 

accountable system for postage in any 

deviation requests related to this issue. 

At the same time, this final rule allows 

deviations that have not reached their 

expiration dates to continue in effect 

until they expire. 

B. Executive Order 12866 

GSA has determined that this final 

rule is not a significant rule for the 

purposes of Executive Order 12866 of 

September 30, 1993. 

C. Regulatory Flexibility Act 

This final rule is not expected to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this final rule does 

not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public which require the approval of the 

Office of Management and Budget 

(OMB) under 44 U.S.C. 3501, et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is exempt from 

Congressional review prescribed under 

5 U.S.C. 801 since it relates solely to 

agency management and personnel. 

List of Subjects in 41 CFR Part 102–192 

Government contracts, Mail, 

Performance measurement, Records 

management, Reporting and 

recordkeeping requirements, Security. 

Dated: May 21, 2008. 

David L. Bibb, 

Acting Administrator of General Services. 

■ For the reasons set forth in the 

preamble, 41 CFR chapter 102 is 

amended by revising part 102–192 of 

Subchapter G to read as follows: 

PART 102–192—MAIL MANAGEMENT 

Subpart A—Introduction to this Part 

Sec. 

102–192.5 What does this part cover? 

102–192.10 What authority governs this 

part? 

102–192.15 How are ‘‘I’’, ‘‘you’’, ‘‘me’’, 

‘‘we’’, and ‘‘us’’ used in this part? 

102–192.20 How are ‘‘must’’ and ‘‘should’’

used in this part? 

102–192.25 Does this part apply to me? 

102–192.30 What types of mail does this 

part apply to? 

102–192.35 What definitions apply to this 

part? 

102–192.40 Where can we obtain more 

information about the classes of mail? 

102–192.45 How can we request a deviation 

from these requirements, and who can 

approve it? 

Subpart B—Financial Requirements for All 

Agencies 

102.192.50 What payment processes are we 

required to use? 

102–192.55 Why must we use these 

commercial payment processes? 

102–192.60 How do we implement these 

commercial payment processes? 

102–192.65 What features must our finance 

systems have to track mail costs? 

Subpart C—Security Requirements for All 

Agencies 

102–192.70 What security policies and 

plans must we have? 

102–192.75 Why must we have written 

security policies and plans? 

102–192.80 How do we develop written 

security policies and plans? 

Subpart D—Reporting Requirements 

102.192.85 Who must report to GSA 

annually? 

102.192.90 What must we include in our 

annual mail management report to GSA? 

102–192.95 Why does GSA require annual 

mail management reports? 

102–192.100 How do we submit our annual 

mail management report to GSA? 

102–192.105 When must we submit our 

annual mail management report to GSA? 

Subpart E—Performance Measurement 

Requirements 

102–192.110 At what level(s) in our agency 

must we have performance measures? 

102–192.115 Why must we use 

performance measures? 

Subpart F—Agency Mail Manager 

Requirements 

102–192.120 Must we have an agency mail 

manager? 

102.192.125 What is the appropriate 

managerial level for an agency mail 

manager? 

102–192.130 What are your general 

responsibilities as an agency mail 

manager? 

Subpart G—Mail Center Manager 

Requirements 

102–192.135 Must we have a mail center 

manager at our facility? 

102.192.140 What are your general 

responsibilities as a Federal mail center 

manager? 

Subpart H—Program Level Mail 

Responsibilities 

102–192.145 Which program levels should 

have a mail manager? 

102–192.150 What are your general 

responsibilities as a program level mail 

manager? 

Subpart I—Other Agency Responsibilities 

102–192.155 What should our agency-wide 

mail management policy statement 

cover? 

102–192.160 What less costly alternatives 

to expedited mail and couriers should 

your agency-wide mail management 

policy address? 

102–192.165 What authorities must I follow 

when contracting out all or part of the 

mail function? 


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Subpart J—GSA’s Responsibilities and 

Services 

102–192.170 What are GSA’s 

responsibilities in mail management? 

102–192.175 What types of support does 

GSA offer to Federal agency mail 

management programs? 

Authority: 44 U.S.C. 2904; 40 U.S.C. 

121(c). 

Subpart A—Introduction to this Part 

§ 102–192.5 What does this part cover? 

This part prescribes policy and 

requirements for the effective, 

economical, and secure management of 

incoming, internal, and outgoing mail in 

Federal agencies. 

§ 102–192.10 What authority governs this 

part? 

This part is governed by Section 2 of 

Public Law 94–575, the Federal Records 

Management Amendments of 1976 (44 

U.S.C. 2901–2904), as amended, that 

requires the Administrator of General 

Services to provide guidance and 

assistance to Federal agencies on 

records management and defines the 

processing of mail by Federal agencies 

as a records management activity. 

§ 102–192.15 How are ‘‘I’’, ‘‘you’’, ‘‘me’’, 

‘‘we’’, and ‘‘us’’ used in this part? 

In this part, ‘‘I’’, ‘‘me’’, and ‘‘you’’ (in 

its singular sense) refer to agency mail 

managers and/or facility mail managers. 

The context makes it clear which usage 

is intended in each case. ‘‘We’’, ‘‘us’’, 

and ‘‘you’’ (in its plural sense) refer to 

your Federal agency. 

§ 102–192.20 How are ‘‘must’’ and 

‘‘should’’ used in this part? 

In this part—

(a) ‘‘Must’’ identifies steps that 

Federal agencies are required to take; 

and 

(b) ‘‘Should’’ identifies steps that the 

General Services Administration (GSA) 

recommends. 

Note to § 102–192.20: In their internal 

policy statements, agencies may require steps 

that GSA recommends. However, agencies 

may not change required steps into nonmandatory recommendations. 

§ 102–192.25 Does this part apply to me? 

Yes, this part applies to you if you 

work in mail management in a Federal 

agency, as defined in § 102–192.35. 

§ 102–192.30 What types of mail does this 

part apply to? 

(a) This part applies to all materials 

that might pass through a Federal mail 

center, including—

(1) All internal, incoming, and 

outgoing materials, regardless of 

whether or not they currently pass 

through a mail center; this includes 

envelopes, publications, postal cards, 

bulk mail, expedited mail, and 

individual packages up to 70 pounds 

that contain paper or publications; and 

(2) Materials carried by agency 

personnel, contractors, the United States 

Postal Service (USPS), and all other 

carriers of such items. 

(b) This part does not apply to 

shipments of parts or supplies from a 

materiel distribution center (a material 

distribution center is a warehouse that 

maintains and distributes an inventory 

of parts and supplies). 

§ 102–192.35 What definitions apply to this 

part? 

The following definitions apply to 

this part: 

Accountable mail means any mail for 

which the service provider and the mail 

center must maintain a record that 

shows where the mail piece is at any 

given time and when and where it was 

delivered; examples include USPS 

registered mail and all expedited mail 

(see definition below). 

Agency mail manager means the 

person who manages the overall mail 

communications program of a Federal 

agency. 

Class of mail means one of the five 

categories of domestic mail as defined 

by the United States Postal Service 

(USPS) in the Domestic Mail Manual, 

(C100 through C600.1.z). These are: 

(1) Express mail. 

(2) First class (includes priority mail). 

(3) Periodicals. 

(4) Standard mail (e.g., bulk marketing 

mail). 

(5) Package services. 

Commingling means combining 

outgoing mail from one facility or 

agency with outgoing mail from at least 

one other source. 

Commercial payment processes 

means mechanisms for paying for USPS 

postage that are essentially the same as 

those used by private sector mailers. 

This means paying for postage before 

the postage is used (which the U.S. 

Treasury has determined is appropriate 

for USPS postage). For meter or permit 

mail, this also means sending money to 

the USPS via Electronic Funds Transfer 

(EFT) transactions to commercial banks 

designated by the USPS as their 

financial agents. For stamps and other 

USPS services, this means paying the 

USPS directly via cash, charge card, 

debit card, and money order, depending 

on the specific service being purchased. 

Expedited mail means mail 

designated for delivery more quickly 

than the USPS’s normal delivery times 

(which vary by class of mail). Examples 

of expedited mail include USPS Express 

Mail and overnight and two-day 

delivery by other service providers. 

Facility mail manager means the 

person responsible for mail in a specific 

Federal facility. There may be many 

facility mail managers within a Federal 

agency. 

Federal agency (or agency), as defined 

in 44 U.S.C. 2901(14), means—

(1) Any executive department as 

defined in 5 U.S.C. 101; 

(2) Any wholly owned Government 

corporation as defined in 31 U.S.C. 

9101; 

(3) Any independent establishment in 

the executive branch as defined in 5 

U.S.C. 104; and 

(4) Any establishment in the 

legislative branch, except the Senate, 

the House of Representatives, the 

Architect of the Capitol, and all 

activities under the direction of the 

Architect of the Capitol. 

Federal facility (or facility) means any 

office building, installation, base, etc., 

where Federal agency employees work; 

this includes any facility where the 

Federal government pays postage 

expenses even though few or no Federal 

employees are involved in processing 

the mail. 

Incoming mail means any mail that 

comes into a facility delivered by any 

service provider, such as the USPS, 

United Parcel Service (UPS), FedEx, or 

DHL. 

Internal mail means mail generated 

within a Federal facility that is 

delivered within that facility or to a 

nearby facility of the same agency, so 

long as it is delivered by agency 

personnel or a dedicated agency 

contractor. 

Large agency means a Federal agency 

whose total payments to all mail service 

providers exceed $1 million per fiscal 

year. 

Mail means the types of mail 

described in § 102–192.30. 

Mail center means an organization 

and/or place, within or associated with 

a Federal facility, where incoming and/ 

or outgoing Federal mail is processed. 

Mail costs means direct or allocated 

expenses for postage and all other mail 

costs (e.g., payments to service 

providers, mail center personnel costs, 

mail center overhead, etc.). 

Mail piece design means laying out 

and printing items to be mailed so that 

they can be processed efficiently and 

effectively by automated mailprocessing equipment. 

Official Mail Accounting System 

(OMAS) means the U.S. Postal Service’s 

government-specific system used to 

track postage used by many Federal 

agencies. 

Outgoing mail means mail generated 

within a Federal facility that is going 


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49958 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

outside that facility and is delivered by 

a service provider. 

Personal mail means incoming or 

outgoing mail that is not related to 

official business of the Federal 

government. 

Postage means money due or paid to 

any service provider for the delivery of 

mail. 

Presort means a mail preparation 

process used to receive a discounted 

mailing rate by sorting mail according to 

USPS standards. 

Program level means a subsidiary part 

of a Federal agency that generates a 

significant quantity of outgoing mail 

(‘‘significant’’ in this context is relative 

to the overall size of the agency’s mail 

budget; half of a small annual mail 

budget may not be significant in a small 

agency, whereas one-tenth or less might 

be significant in a large agency). The 

term program level may apply to an 

agency organizational entity, program, 

or project. 

Program level mail manager is the 

person at the program level responsible 

for mail policy implementation, 

operations, and financial management; 

the program level counterpart of the 

agency mail manager. 

Service provider means any agency or 

company that delivers mail. Some 

examples of service providers are USPS, 

UPS, FedEx, DHL, courier services, the 

Military Postal Service Agency, the 

Department of State’s Diplomatic Pouch 

and Mail Division, and other Federal 

agencies providing mail services. 

Special services means those mail 

services that require extra payment over 

basic postage; e.g., certified mail, 

business reply mail, registered mail, 

merchandise return service, certificates 

of mailing, return receipts, and delivery 

confirmation. 

Unauthorized use of agency postage 

means the use of penalty or commercial 

mail stamps, meter impressions, or 

other postage indicia for personal or 

unofficial use. 

Worksharing means ways of 

processing outgoing mail that qualify for 

reduced postage rates; examples include 

presorting, bar coding, consolidating, 

and commingling. 

§ 102–192.40 Where can we obtain more 

information about the classes of mail? 

You can learn more about mail classes 

in the Domestic Mail Manual (DMM). 

The DMM is available online at http:// 

pe.usps.gov/default.asp or you can 

order a copy from the Superintendent of 

Documents, U.S. Government Printing 

Office, P.O. Box 371954, Pittsburgh, PA 

15250–7954. 

§ 102–192.45 How can we request a 

deviation from these requirements, and who 

can approve it? 

See §§ 102–2.60 through 102–2.110 of 

this chapter to request a deviation from 

the requirements of this part. The 

authority rests with the Administrator of 

General Services and those to whom the 

Administrator has delegated such 

authority. 

Subpart B—Financial Requirements for 

All Agencies 

§ 102–192.50 What payment processes are 

we required to use? 

All payments to the United States 

Postal Service or authorized service 

providers must be made using 

commercial payment processes. 

(a) Agencies may no longer use the 

Intergovernmental Payment and 

Collection Payment (IPAC) process 

associated with the Official Mail 

Accounting System (OMAS), except 

where GSA has approved a temporary 

deviation for a specific agency, office, or 

component. 

(b) Any deviation related to the 

requirements of this section that has not 

reached its expiration date on the 

effective date of this rule will continue 

in effect until it expires. 

(c) Any new deviation request, or any 

request to extend an existing deviation, 

must include a plan for the agency to 

implement an accountable system for 

postage, as discussed in § 102–192.65. 

(d) GSA provides detailed guidance 

on commercial payment processes and 

accountability on its web site, 

www.gsa.gov/mailpolicy. 

§ 102–192.55 Why must we use these 

commercial payment processes? 

Federal agencies are required to use 

commercial payment processes because 

commercial payment requires obligation 

of the money before the postage is used 

(by contrast, use of the OMAS system 

allows the postage use and the 

obligation of funds to occur almost 

entirely independently of each other). 

Requiring the program level manager 

who generates the mail to obligate the 

money before the postage is used makes 

it much more likely that the same 

program level manager will be 

accountable for the money, thereby 

encouraging good judgment in using 

postage. 

§ 102–192.60 How do we implement these 

commercial payment processes? 

Guidance on implementing a 

compliant payment process is in the 

GSA Policy Advisory, Guidelines for 

Federal Agencies On Converting to 

Commercial Payment Systems for 

Postage, which can be found at 

www.gsa.gov/mailpolicy. 

§ 102–192.65 What features must our 

finance systems have to keep track of mail 

costs? 

All agencies must have an 

accountable system for making postage 

payments; that is, a system that allocates 

postage expenses at the program level 

within the agency and then makes 

program level managers accountable for 

obligating and tracking those expenses. 

The agency will have to determine the 

appropriate program level for this 

requirement, because the level at which 

it is cost-beneficial differs widely. The 

agency’s finance system(s) should track 

all mail costs separately to the program 

level or below, and should—

(a) Show allocations and expenses for 

postage and all other mail costs (e.g., 

payments to service providers, mail 

center personnel costs, mail center 

overhead, etc.) separate from all other 

administrative expenses; 

(b) Allow mail centers to establish 

systems to charge their customers for 

mail costs; and 

(c) Identify and charge mail costs that 

are part of printing contracts to the 

program level. 

Note to § 102–192.65: To better accomplish 

these goals listed in this section, you should 

maintain separate accounts with the USPS 

and all other service providers for mail, as 

defined by this Part. Shipment of non-mail 

items should be arranged and paid for 

through other accounts. This will make it 

possible for your annual mail management 

report to reflect only amounts paid for mail, 

as defined in § 102–192.35. 

Subpart C—Security Requirements for 

All Agencies 

§ 102–192.70 What security policies and 

plans must we have? 

(a) You must have a written mail 

security policy that applies throughout 

the agency. 

(b) You also must have a written mail 

security plan for each facility that 

processes mail, regardless of the 

facility’s mail volume. 

(c) If a contract that is in place on 

August 25, 2008 does not fully meet the 

requirements of this section, the 

contract must be modified to meet the 

requirement for a security plan within 

one year of August 25, 2008, unless the 

contract will expire prior to that date. 

(d) The scope and level of detail of 

each facility mail security plan should 

be commensurate with the size and 

responsibilities of each facility. For 

small facilities, you may provide a 

general, standardized plan that is used 

in many similar locations. For larger 

locations, you must develop a plan that 


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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49959 

is specifically tailored to the threats and 

risks at your location. Agencies are free 

to determine for themselves which 

facilities are ‘‘smaller’’ and which are 

‘‘larger’’ for the purposes of this section, 

so long as the basic requirement for a 

security plan is met at every facility. 

(e) All mail facility managers should 

report annually the status of their 

facility mail security plans to agency 

headquarters. At a minimum, this report 

should assure that the facility mail 

security plan complies with the 

requirements of this part, including 

annual review by a subject matter expert 

and regular rehearsal of responses to 

various emergency situations by facility 

personnel. 

(f) An outside security professional 

who has expertise in mail center 

security should review the agency’s 

mail security plan annually. Review of 

facility mail security plans can be 

accomplished by outside subject matter 

experts such as agency security 

personnel. If these experts are not 

available within your agency, seek 

assistance from the Postal Inspection 

Service or other Federal authorities. 

§ 102–192.75 Why must we have written 

security policies and plans? 

All Federal mail programs must 

identify, prioritize, and coordinate the 

protection of all mail processing 

facilities in order to prevent, deter, and 

mitigate the effects of deliberate efforts 

to destroy, incapacitate, or exploit the 

mail center or the national mail 

infrastructure. Homeland Security 

Presidential Directive HSPD–7 requires 

all agencies to protect key resources 

from terrorist attacks, and this is spelled 

out in the Postal and Shipping Sector 

Plan, which is part of the National 

Infrastructure Protection Plan (NIPP) 

prescribed by HSPD–7. All Federal mail 

centers are key resources under that 

plan. Details on the Postal and Shipping 

Sector Plan are not publicly available. 

Federal employees needing access to the 

plan should contact the Department of 

Homeland Security (DHS) at 

NIPP@dhs.gov. 

§ 102–192.80 How do we develop written 

security policies and plans? 

Agency mail managers must 

coordinate with their agency security 

service and/or the Federal Protective 

Service to develop agency mail security 

policies and plans. The Federal 

Protective Service has, working with the 

Interagency Security Committee which 

it chairs, developed standards for 

building construction and management, 

including standards for mail centers. At 

a minimum, the agency mail security 

plan must address the following 

topics—

(a) Risk assessment; 

(b) Plan to protect staff and all other 

occupants of agency facilities from 

hazards that might be delivered in the 

mail; 

(c) Operating procedures; 

(d) Plan to provide a visible mail 

screening operation; 

(e) Training mail center personnel; 

(f) Testing and rehearsing responses to 

various emergency situations by agency 

personnel; 

(g) Managing threats; 

(h) Communications plan; 

(i) Occupant Emergency Plan (OEP); 

(j) Continuity of Operations Plan 

(COOP); and 

(k) Annual reviews. 

Note to § 102–192.80: The agency mail 

manager and facility manager(s) need not 

prepare all of these plans themselves. They 

should participate actively in the 

development and implementation of each of 

these elements, but other parts of the agency 

or outside security professionals should take 

the lead in their respective areas of expertise. 

Subpart D—Reporting Requirements 

§ 102–192.85 Who must report to GSA 

annually? 

Large agencies (all agencies that 

spend in excess of $1 million each fiscal 

year in total payments to mail service 

providers) must provide a Mail 

Management Report to GSA by January 

15th of each year. If your agency is a 

cabinet-level or independent agency, the 

agency mail manager must compile all 

offices (or components) and submit one 

report for the department or agency as 

a whole (e.g., the Department of Defense 

or the Department of Health and Human 

Services). 

§ 102–192.90 What must we include in our 

annual mail management report to GSA? 

Your annual report must—

(a) Identify your agency mail manager; 

in addition you must promptly report 

the name of the agency mail manager 

whenever there is a change of the 

person serving in this role. 

(b) State the total amounts paid to 

each service provider during the 

previous fiscal year: 

(1) These amounts should include 

only amounts paid for mail; not 

amounts paid to any service provider to 

ship parts and supplies from a materiel 

distribution center (see the definition of 

mail in § 102–192.30). 

(2) These amounts should include all 

postage costs associated with mailing 

printed materials, regardless of whether 

the printing is accomplished by the 

agency or a contractor, and regardless of 

how the postage expense is paid (e.g., 

GSA’s Federal Acquisition Service 

(FAS) produces a publication called 

‘‘Marketips,’’ which provides 

information about supplies and services 

available through GSA sources. GSA 

should include the postage that it uses 

to mail Marketips in the amounts that it 

reports, even though a printing 

company actually prints and mails the 

publication); 

(c) Report actual results for the 

performance measures in use at the 

agency and facility levels; 

(d) Describe your agency’s 

accomplishments and plans to improve 

the economy and efficiency of mail 

operations in the current and future 

years; 

(e) Identify how many Federal 

employees and contractors work in your 

agency’s mail operations nationwide, 

and the number that have achieved 

industry certifications (e.g. Certified 

Mail and Distributions Systems 

Manager, Executive Mail Center 

Manager, Mailpiece Quality Control 

Specialist, Certified Mail Manager); 

(f) Describe your agency’s approach to 

ensuring that program level officials are 

accountable for postage; and 

(g) Verify that a competent expert has 

reviewed your agency security policies 

and the mail security plan for each 

facility within the past year, or explain 

what steps your agency has taken in this 

regard. 

Note to § 102–192.90: GSA is launching a 

long-term initiative to improve the usefulness 

of data collected through the annual mail 

management reports. The reports for each 

succeeding fiscal year will require an 

incrementally broader set of data, working 

towards measures that will give agency 

management a much clearer picture of the 

efficiency and effectiveness of their mail 

programs. The additional data will 

eventually require agencies to track cost per 

piece for all outgoing Federal mail. 

§ 102–192.95 Why does GSA require 

annual mail management reports? 

GSA requires annual agency mail 

management reports to—

(a) Ensure that Federal agencies have 

the policies, procedures, and data to 

manage their mail operations efficiently 

and effectively; 

(b) Ensure that appropriate security 

measures are in place; and 

(c) Allow GSA to fulfill its 

responsibilities under the Federal 

Records Act, especially with regards to 

sharing best practices, training, 

standards, and guidelines. 

§ 102–192.100 How do we submit our 

annual mail management report to GSA? 

If your agency is a large agency, as 

defined in § 102–192.35, you must 


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49960 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

submit annual reports using the GSA 

web-based Electronic Performance 

Support Tool (EPST). Agency mail 

managers and other authorized users 

will receive training from GSA on how 

to use the EPST. 

§ 102–192.105 When must we submit our 

annual mail management report to GSA? 

Beginning with the report covering 

Fiscal Year 2009, your annual report 

will be due on January 15th of each year 

for the previous fiscal year. 

Subpart E—Performance Measurement 

Requirements 

§ 102–192.110 At what level(s) in our 

agency must we have performance 

measures? 

You must have performance measures 

for mail operations at the agency level 

and in all facilities and for all program 

levels that spend more than $1 million 

per year on postage. GSA provides a list 

of suggested performance measures, as 

part of the format for the annual report. 

You may also find these measures on 

GSA’s web site, at www.gsa.gov/ 

mailpolicy. 

§ 102–192.115 Why must we use 

performance measures? 

Performance measures gauge the 

success of your mail management plans 

and processes by comparing 

performance over time and among 

organizations. Performance measures—

(a) Help define goals and objectives; 

(b) Enhance resource allocation; and 

(c) Provide accountability. 

Subpart F—Agency Mail Manager 

Requirements 

§ 102–192.120 Must we have an agency 

mail manager? 

Yes, every Federal agency as defined 

in § 102–192.35 must have an agency 

mail manager. Agencies that are not 

‘‘large agencies’’ as defined in § 102–

192.35 may not need a full-time person 

in this position. 

Note to § 102–192.120: GSA will post the 

names and official contact information for all 

large agency mail managers on its web site 

located at www.gsa.gov/mailpolicy. 

§ 102–192.125 What is the appropriate 

managerial level for an agency mail 

manager? 

The agency mail manager should be at 

a managerial level that enables him or 

her to speak for the agency and fulfill 

the requirements of Subparts B, C, D, E, 

and F of this part. GSA recommends 

professional mail certification for 

agency mail managers. 

§ 102–192.130 What are your general 

responsibilities as an agency mail 

manager? 

In addition to carrying out the 

responsibilities in Subparts B, C, D, and 

E of this part, an agency mail manager 

should—

(a) Establish written policies and 

procedures to provide timely and cost 

effective dispatch and delivery of mail; 

(b) Ensure agency-wide awareness 

and compliance with standards and 

operational procedures established by 

all service providers used by the agency; 

(c) Set policies for expedited mail, 

mass mailings, mailing lists, and 

couriers; 

(d) Seek opportunities to implement 

cost-effective improvements and to 

enhance performance of the agency’s 

mission; 

(e) Develop and direct agency 

programs and plans for proper and costeffective use of transportation, 

equipment, and supplies used for mail; 

(f) Ensure that facility and program 

level mail personnel receive appropriate 

certifications and training in order to 

successfully perform their assigned 

duties; 

(g) Promote professional certification 

for mail managers and mail center 

employees; 

(h) Ensure that expedited mail and 

couriers are used only when authorized 

by the Private Express Statutes (39 

U.S.C. 601–606) and when necessary 

and cost-effective; 

(i) Establish written policies and 

procedures to minimize incoming and 

outgoing personal mail; 

(j) Provide guidance to agency 

correspondence managers on 

correspondence management decisions 

such as development and design of 

mailing materials including Business 

Reply Mail, letterhead, and mail piece 

design; and 

(k) Represent the agency in its 

relations with mail service providers 

(usually as a Contracting Officer’s 

Technical Representative), other agency 

mail managers, and the GSA Office of 

Governmentwide Policy. 

Subpart G—Mail Center Manager 

Requirements 

§ 102–192.135 Must we have a mail center 

manager at our facility? 

Yes, every facility that has more than 

two full time people dedicated to 

processing mail must have a mail center 

manager. 

§ 102–192.140 What are your general 

responsibilities as a Federal mail center 

manager? 

A Federal mail center manager 

should—

(a) Implement policies and 

procedures developed by the agency 

mail manager, including cost control 

procedures; 

(b) Improve, streamline, and reduce 

the cost of mail practices and 

procedures by continually reviewing 

work processes throughout the facility 

and seeking opportunities for costeffective change; 

(c) Work closely with all facility 

personnel, especially printing 

specialists and the program level users 

who develop large mailings, to 

minimize postage and associated 

printing expenses through improved 

mail piece design, electronic 

transmission of data in lieu of mail, 

reducing the number of handwritten 

addresses on outgoing mail, and other 

appropriate measures; 

(d) Ensure that all addresses on 

mailing lists have been validated using 

USPS-approved tools such as ancillary 

endorsements, CASS-certified software, 

Move Update, and NCOAlink (more 

information can be found on the United 

States Postal Service website at 

www.usps.com); 

(e) Keep current on new technologies 

that could be applied to reduce agency 

mailing costs; 

(f) Collaborate and maintain 

professional relationships with the 

USPS and all other service providers; 

(g) Establish performance measures 

and goals for mail center operations, 

such as a maximum time for processing 

and delivery of incoming mail; 

(h) Ensure that expedited mail and 

couriers are used only when authorized 

by the Private Express Statutes (39 

U.S.C. 601–606) and when necessary 

and cost-effective; 

(i) Manage all incoming and outgoing 

mail processing activities at the facility, 

including all regularly scheduled, small 

package, and expedited service 

providers, couriers, equipment and 

personnel; 

(j) Be attentive to unauthorized use, 

loss, or theft of postage, including any 

unauthorized use of penalty or 

commercial mail stamps, meter 

impressions or other postage indicia, 

and immediately report such incidents 

to the agency Inspector General, internal 

security office, the Postal Inspection 

Service, or other appropriate authority; 

(k) Track incoming packages and 

accountable mail; 

(l) Provide training to mail center 

employees at all levels on cost-effective 

mailing practices for incoming, 

outgoing, and internal mail, as well as 

mail security; 

(m) Provide opportunities for training 

leading to professional certification for 

mail center personnel; 


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(n) Ensure that outgoing mail meets 

all the standards established by your 

service provider(s) for weight, size, 

hazardous materials content, etc.; 

(o) Ensure that your facility has a 

written security plan, and implement 

that plan; 

(p) Establish, publish, and maintain 

consistency in the facility’s mail 

delivery and pickup times, based on 

need for service as established through 

study of mail volumes and service 

requirements; 

(q) Collaborate with agency finance 

officials to establish procedures for 

timely processing of funds owed to 

service providers; and 

(r) Report all information necessary 

for your agency’s annual mail 

management report. 

Subpart H—Program Level Mail 

Responsibilities 

§ 102–192.145 Which program levels 

should have a mail manager? 

Every program level within a Federal 

agency that generates a significant 

quantity of outgoing mail should have 

its own mail manager. Each agency must 

decide which programs will have a fulltime or part-time mail manager. In 

making this determination, the agency 

should consider the total volume of 

outgoing mail that is put into the mail 

stream by the program itself or by 

printers, presort contractors, or others 

on the program’s behalf. 

§ 102–192.150 What are your general 

responsibilities as a program level mail 

manager? 

Your responsibilities at the program 

level include—

(a) Working closely with the agency 

mail manager and mail center managers 

who handle significant quantities of 

mail or print functions for your 

program, as well as mail technical 

experts; 

(b) Ensuring that your program 

complies with all applicable mail 

policies and procedures, including this 

part; 

(c) Coordinating with your program 

personnel to minimize postage and 

associated printing expenses through 

improved mail piece design, electronic 

transmission of data in lieu of mail, and 

other appropriate measures; 

(d) Ensuring that all addresses on 

mailing lists have been validated using 

USPS-approved tools such as ancillary 

endorsements, CASS-certified software, 

Move Update, and NCOAlink (more 

information can be found on the United 

States Postal Service website at 

www.usps.com); 

(e) Keeping current on new 

technologies and practices that could 

reduce your mailing costs or make your 

use of mail more effective; 

(f) Coordinating all of your program’s 

large mailings and associated print jobs 

to ensure that the most efficient and 

effective procedures are used; 

(g) Providing mail training 

opportunities to your program level 

personnel; 

(h) Collaborating with agency finance 

officials to establish procedures for 

timely processing of funds owed to 

service providers; and 

(i) Reporting total amounts paid to 

each service provider during the 

previous fiscal year to the agency mail 

manager (See § 102–192.90(b)(1) for 

more information). 

Subpart I—Other Agency 

Responsibilities 

§ 102–192.155 What should our agencywide mail management policy statement 

cover? 

You should have a written, agencywide mail management policy statement 

that, at a minimum, addresses—

(a) Mail center security, as discussed 

in §§ 102–192.70, 102–192.75 and 102–

192.80; 

(b) Your expectations regarding 

program level accountability, postage 

expenditure data, and commercial 

payment processes; 

(c) Your approach to performance 

measurement and performance 

management for mail; 

(d) Centralized mail processing, 

worksharing, consolidation, and 

commingling to obtain postage savings; 

(e) Tracking incoming packages and 

accountable mail; 

(f) Maintaining centralized control of 

outgoing mail, especially outgoing 

express packages and letters; 

(g) Tracking and managing mail costs 

within printing contracts; 

(h) Training and professional 

certification for mail center managers 

and employees; 

(i) Addressing, including machine 

readability, formatting, use of correct 

street addresses, and minimizing use of 

hand-written addresses; 

(j) Ensuring that a USPS mail piece 

design analyst is consulted when 

creating a new mail piece; 

(k) Reviewing large mailings by mail 

managers before they are sent to 

printing or a print contractor; 

(l) Acceptance and processing of 

incoming and outgoing personal mail; 

(m) Limiting unsolicited mail and 

mail addressed to unknown persons and 

former employees; and 

(n) Reporting all activities to include 

all postage costs associated with 

mailing, printing, and materials, to the 

agency mail manager. 

Note (1) to § 102–92.155 (l) and (m): Every 

agency should establish specific policies for 

incoming and outgoing personal mail. In 

general, personal mail should be discouraged 

or prohibited. However, an agency may 

establish a policy to accept and process 

personal mail for personnel living on a 

Federal facility, personnel stationed outside 

the United States, or personnel in other 

situations who would otherwise suffer 

hardship. 

Note (2) to § 102–92.155 (l) and (m): 

Mailing costs associated with filing travel 

vouchers, and the payment of Government 

sponsored travel card billings, are considered 

to be ‘‘incidental expenses’’ covered by the 

traveler’s ‘‘per diem allowance,’’ as provided 

for in the Federal Travel Regulation (41 CFR 

300–3.1). Such mailing costs must, therefore, 

be paid out of the employee’s per diem 

allowance. 

Note (3) to § 102–92.155 (l) and (m): Every 

reasonable attempt must be made to deliver 

first class mail, priority mail, and express 

mail (regardless of carrier), or to return it to 

the sender if the addressee cannot be 

identified. On the other hand, agencies may 

establish written policies that permit 

discarding of unwanted periodicals, bulk 

mail, and bound printed matter under 

specified circumstances. 

§ 102–192.160 What less costly 

alternatives to expedited mail and couriers 

should your agency-wide mail management 

policy address? 

Your policy statement should address 

the following alternatives to expedited 

mail and couriers: 

(a) Electronic transmission via e-mail. 

(b) Facsimile transmission. 

(c) Internet. 

§ 102–192.165 What authorities must I 

follow when contracting out all or part of 

the mail function? 

Any contract for a mail function must 

require compliance with—

(a) This part (41 CFR part 102–192); 

(b) The Private Express Statutes (39 

U.S.C. 601–606); 

(c) All agency policies, procedures, 

and plans, including the agency-wide 

mail security plan and, if applicable, 

facility mail security plans; and 

(d) All applicable acquisition statutes 

and regulations. 

Subpart J—GSA’s Responsibilities and 

Services 

§ 102–192.170 What are GSA’s 

responsibilities in mail management? 

44 U.S.C § 2904(b) directs the 

Administrator of General Services to 

provide guidance and assistance to 

Federal agencies to ensure economical 

and efficient records management. 44 

U.S.C. § 2901(2) and (4) (C) define the 

processing of mail by Federal agencies 

as part of records management. In 


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49962 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

carrying out its responsibilities under 

the Act, GSA is required to—

(a) Promulgate standards, procedures, 

and guidelines; 

(b) Conduct research to improve 

practices and programs; 

(c) Collect and disseminate 

information on training programs, 

technological developments, etc.; 

(d) Establish an interagency 

committee (i.e., the Interagency Mail 

Policy Council) to provide an exchange 

of information among Federal agencies; 

(e) Conduct studies, inspections, or 

surveys; 

(f) Promote economy and efficiency in 

the selection and utilization of space, 

staff, equipment, and supplies; and 

(g) In the event of an emergency, 

communicate with agencies. 

§ 102–192.175 What types of support does 

GSA offer to Federal agency mail 

management programs? 

GSA supports Federal agency mail 

management programs by—

(a) Assisting in the development of 

agency policy and guidance in mail 

management and mail operations; 

(b) Identifying better business 

practices and sharing them with Federal 

agencies; 

(c) Developing and providing access 

to a Governmentwide management 

information system for mail; 

(d) Helping agencies develop 

performance measures and management 

information systems for mail; 

(e) Maintaining a current list of 

agency mail managers; 

(f) Establishing, developing and 

maintaining interagency mail 

committees; 

(g) Maintaining liaison with the USPS 

and other service providers at the 

national level; 

(h) Maintaining a web site for mail 

communications policy; and 

(i) Serving as a point of contact for 

mail issues. 

Note to § 102–192.180: You may contact 

GSA at: General Services Administration, 

Office of Governmentwide Policy, Mail 

Management Policy Division (MTT), 1800 F 

Street, NW., STE 1221, Washington, DC 

20405; or e-mail: federal.mail@gsa.gov. 

[FR Doc. E8–19506 Filed 8–22–08; 8:45 am] 

BILLING CODE 6820–14–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XJ94 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels greater than or 

equal to 60 feet (≥ 18.3 meters (m)) 

length overall (LOA) using hook-andline gear to the B season allocation for 

vessels using jig gear in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the 2008 total allowable catch (TAC) of 

Pacific cod to be harvested. 

DATES: Effective August 19, 2008, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2008 Pacific cod TAC specified 

for catcher vessels greater than or equal 

to 60 feet (≥ 18.3 m) LOA using hookand-line gear in the BSAI is 303 metric 

tons (mt) as established by the final 

2008 and 2009 harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008). 

The Acting Administrator, Alaska 

Region, NMFS, has determined that 

catcher vessels greater than or equal to 

60 feet (≥ 18.3 m) length LOA using 

hook-and-line gear will not be able to 

harvest 150 mt of the 2008 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(3). Therefore, in 

accordance with § 679.20(a)(7)(iii)(A), 

NMFS allocates 150 mt of Pacific cod 

from the catcher vessels greater than or 

equal to 60 feet (≥ 18.3 m) length LOA 

using hook-and-line gear allocation to 

the B season allocation for vessels using 

jig gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

are revised as follows: 177 mt to the B 

season allocation for vessels using jig 

gear and 153 mt to catcher vessels ≥ 60 

feet (18.3 m) LOA using hook-and-line 

gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of Pacific cod 

from catcher vessels ≥ 60 feet (18.3 m) 

LOA using hook-and-line gear to the B 

season allocation for vessels using jig 

gear. Since the fishery is currently open, 

it is important to immediately inform 

the industry as to the revised 

allocations. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery, to allow the industry to plan for 

the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 18, 2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 19, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–19578 Filed 8–19–08; 4:15 pm] 

BILLING CODE 3510–22–S 


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