[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5749]


[[Page Unknown]]

[Federal Register: March 11, 1994]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 265

 

Release of Information

AGENCY: Postal Service.

ACTION: Interim rule and request for comment.

-----------------------------------------------------------------------

SUMMARY: Effective immediately, the Postal Service is amending the 
rules governing disclosure of name and address information, 39 CFR 
265.6(f), to limit public access to change of address information filed 
by individuals and families. This amendment applies only to individual 
``walk-in'' or ``write-in'' requests for change of address information 
and does not affect the forwarding of mail, nor does it affect any 
other postal services for the correction of addresses and mailing 
lists. Accordingly, persons who submit permanent change of address 
orders need to be aware that their new addresses may still become known 
through address correction. The Postal Service is considering further 
action to prevent disclosure of the change of address of a person who 
has obtained a protective court order.

DATES: The interim regulations take effect on March 11, 1994. Comments 
must be received on or before May 10, 1994.

ADDRESSES: Written comments should be directed to Robert G. Krause, 
Manager, Address Management, U.S. Postal Service Headquarters, 475 
L'Enfant Plaza West, SW., Washington, DC 20260-6802. Copies of all 
written comments will be available for public inspection and 
photocopying between 9 a.m. and 4 p.m., Monday through Friday, in room 
5801, U.S. Postal Service Headquarters.

FOR FURTHER INFORMATION CONTACT:
Michael Selnick, Address Management, (202) 268-3519.

SUPPLEMENTARY INFORMATION: Because of 39 U.S.C. 410(c)(1), the name or 
address of any postal patron is not subject to mandatory disclosure by 
the Postal Service under the Freedom of Information Act. Nevertheless, 
current postal regulations reflect a longstanding practice of 
furnishing a customer's new permanent mailing address upon request to 
anyone who is already in possession of the customer's name and former 
address. The Postal Service is able to do this when the customer has 
filed a Change-of-Address Order, PS Form 3575, or written equivalent, 
with the post office that serves the old address. The purpose in making 
the information available has been to provide a convenient means of 
obtaining the new mailing address of a person with whom one wishes to 
keep in touch through the mails.
    In recent years, the Postal Service has become aware of a growing 
concern among some members of the public regarding the privacy of 
address information. Some people have objected to the practice of 
making an individual's change of address readily available to anyone 
who asks for it. For many, this concern seems based primarily in a 
desire to keep information of one's physical whereabouts from falling 
into the hands of individuals who may pose a threat to one's personal 
security. This kind of concern is compelling. Moreover, no postal 
interest is served by furnishing the information to persons who are 
seeking it for reasons unrelated to the use of the mails. The Postal 
Service's objective is, as it has always been, to assist persons who 
wish to correspond with each other through the mails. Given the 
availability of a variety of address correction services that serve 
that need, it no longer seems necessary to the Postal Service's 
legitimate objectives to make the information available to all who 
might request it either in person or in writing from the post office 
serving the former address. Having considered the potentially 
detrimental effects on the privacy interests of its customers, the 
Postal Service has concluded that it is appropriate to discontinue the 
practice.
    Under this interim rule, private individuals for the most part will 
no longer be able to obtain the new address of an individual or family 
simply by requesting it in person or in writing from the post office 
that serves the former address. The Postal Service, however, will 
continue to furnish upon request and payment of the prescribed fee the 
new addresses submitted by those who do not identify themselves on the 
change of address order as either an individual or a family. Thus, 
access to the new address of an organization, such as a business or an 
institution, will not be restricted by the rule. Further, the rule 
change is not intended to have an effect on any other presently 
existing address or mailing list correction service.
    With one exception, the regulations at Sec. 265.6(d)(6) will remain 
unchanged insofar as they authorize disclosure of certain address 
information (1) to a federal, state or local government agency for 
official purposes, (2) to an authorized person for the purpose of 
service of legal process, (3) when necessary to comply with a court 
order, or (4) to a criminal law enforcement agency when an oral request 
is made through the Inspection Service. The Postal Service considers 
that making address information available for these purposes is 
supported by sound public policy. These provisions, which have 
heretofore operated primarily to permit the disclosure of non-business 
boxholder and temporary change of address information in the specified 
circumstances, will, under the revised regulations, also provide 
authority for the disclosure of the newly restricted permanent change 
of address information of individuals and families. For example, 
pursuant to paragraph (d)(6)(ii), which will be renumbered as paragraph 
(d)(4)(ii), both permanent and temporary change of address information 
pertaining to an individual or family will be furnished to a person 
empowered by law to serve legal process, or the attorney for a party in 
whose behalf service will be made, or a party who is acting pro se, 
upon receipt of the written information specified in that paragraph. 
The only substantive change being made to the text of former paragraph 
(d)(6) occurs in subparagraph (iii), which is being amended in 
conformity with the Privacy Act of 1974, 5 U.S.C. 552a, to make clear 
that change of address and boxholder information that is not otherwise 
subject to disclosure under these regulations may not be disclosed 
pursuant to a subpoena, which typically is signed by an attorney or a 
Clerk of Court, but may be disclosed only pursuant to an order of a 
court bearing the signature of a judge.
    Minor conforming changes are also being made in Secs. 265.6(d) and 
265.9(g) at this time.
    Due to the element of personal security of members of the public 
associated with this rule change, the Postal Service has determined to 
place the change immediately into effect on an interim basis. Although 
the Postal Service is exempted by 39 U.S.C. 410(a) from the advance 
notice requirements of the Administrative Procedure Act regarding 
rulemaking (5 U.S.C. 553), the Postal Service invites interested 
persons to submit written comments concerning the interim rule. These 
comments will be considered before a final rule is adopted.

List of Subjects in 39 CFR Part 265

    Disclosure of Information, Postal Service.

    For the reasons set out in this notice, the Postal Service adopts 
the following interim amendments to part 265 of 39, Code of Federal 
Regulations.

PART 265--RELEASE OF INFORMATION

    1. The authority citation for 39 CFR part 265 continues to read as 
follows:

    Authority: 39 U.S.C. 401; 5 U.S.C. 552; Inspector General Act of 
1978, as amended (Pub. L. 95-452, as amended), 5 U.S.C. App. 3.


Sec. 265.6  [Amended]

    2. Paragraph (d)(1) of section 265.6 is revised and the 
introductory text of paragraph (d) is republished to read as follows:
* * * * *
    (d) Disclosure of Names and Addresses of Customers. Upon request, 
the addresses of specifically identified postal customers will be made 
available only as follows:
    (1) Change of address. The new address of any specific customer who 
has filed a permanent or temporary Change of Address Order (Form 3575, 
hand-written order or electronically communicated order) will be 
furnished to any person upon payment of the fee prescribed in 
paragraphs (e)(3) and (g)(5) of Sec. 265.9, except that the new address 
of a specific customer who has indicated on the order that the address 
change is for an individual or an entire family will be furnished only 
in those circumstances stated at paragraph (d)(4) of this section. 
Disclosure will be limited to the address of the specifically 
identified individual about whom the information is requested (not 
other family members or individuals whose names may also appear on the 
change of address order.) Other information on Form 3575 or copies of 
the form will not be furnished except in those circumstances stated at 
paragraphs (d)(4)(i), (d)(4)(iii), or (d)(4)(iv) of this section. The 
fee is waived for providing information under the circumstances listed 
at paragraph (d)(4) of this section. See paragraph (g)(5) of 
Sec. 265.9.
* * * * *
    3. Paragraph (d)(2) of Sec. 256.6 is removed; paragraph (d)(3) of 
that section is redesignated as paragraph (d)(2), and the reference to 
Sec. 256.8 appearing in the first sentence thereof is changed to read 
``Sec. 265.9.''
    4. Paragraph (d)(4) of Sec. 256.6 is removed; paragraph (d)(5) of 
that section is redesignated as paragraph (d)(3); and the references to 
paragraphs (d)(6)(i) through (d)(6)(iv) and to paragraphs (d)(6)(i), 
(d)(6)(iii), or (d)(6)(iv) appearing in redesignated Sec. 265.6(d)(3) 
(ii) and (iii) respectively, are changed to read ``(d)(4)(i) through 
(d)(4)(iv)'' and ``(d)(4)(i), (d)(4)(iii), or (d)(4)(iv),'' 
respectively.
    5. Paragraphs (d)(6) through (d)(10) are redesignated as paragraphs 
(d)(4) through (d)(8) respectively.
    6. Redesignated (d)(4)(iii) of Sec. 265.6 is revised to read as 
follows:
* * * * *
    (4) * * *
    (iii) In compliance with a subpoena or court order, except that 
change of address or boxholder information which is not otherwise 
subject to disclosure under these regulations may be disclosed only 
pursuant to a court order.
    7. In redesignated paragraph (d)(4)(iv) of Sec. 256.6, the 
reference to paragraph (d)(6)(i) appearing in the last sentence is 
changed to read ``paragraph (d)(4)(i)''.


Sec. 265.9  [Amended]

    8. Paragraph (g)(5) of Sec. 265.9 is amended by changing the 
reference to paragraph (d)(6)(ii) appearing in paragraph (g)(5)(ii) to 
read ``(d)(4)(ii)'' and by changing the reference to paragraph 
(d)(6)(iv) appearing in paragraph (g)(5)(iv) to read ``(d)(4)(iv).''
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-5749 Filed 3-10-94; 8:45 am]
BILLING CODE 7710-12-M