[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Rules and Regulations]
[Pages 31512-31516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15125]
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POSTAL SERVICE
39 CFR Part 111
Special Services Reform; Implementation Standards
AGENCY: Postal Service.
ACTION: Supplementary final rule.
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SUMMARY: This supplementary final rule sets forth the remaining
Domestic Mail Manual (DMM) standards adopted by the Postal Service to
implement the Decision of the Governors of the United States Postal
Service on the Recommended Decision of the Postal Rate Commission on
Special Services and Fees, Docket No. MC96-3. These standards
constitute only minor changes or refinements to internal operational
procedures that have been made since publication of the final rule in
the Federal Register on May 12, 1997 (62 FR 26086-26099).
The standards in this supplementary final rule do not, in any way,
affect the fees or attributes of the special services as they were
published in the final rule for post office box service and caller
service, certified mail, insurance (insured mail and Express Mail),
parcel airlift, registered mail, return receipt service, return receipt
for merchandise service, and stamped cards (formerly named postal
cards). Although no substantive changes have been made to the final
rule, this supplementary final rule does respond to comments that the
Postal Service had sought with publication of the final rule.
EFFECTIVE DATE: June 8, 1997.
FOR FURTHER INFORMATION CONTACT: Neil Berger, (202) 268-2859.
SUPPLEMENTARY INFORMATION: On June 7, 1996, pursuant to its authority
under 39 U.S.C. 3621, et seq., the Postal Service filed with the Postal
Rate Commission (PRC) a request for a recommended decision on several
special service reform proposals. The PRC designated the filing as
Docket No. MC96-3. The PRC published a notice of the filing, with a
description of the Postal Service's proposals, on June 21, 1996, in the
Federal Register (61 FR 31968-31979).
Pursuant to 39 U.S.C. 3624, on April 2, 1997, the PRC issued its
[[Page 31513]]
Recommended Decision on the Postal Service's Request to the Governors
of the Postal Service. The PRC's Recommended Decision made revisions to
some of the restructuring of the post office box fees requested by the
Postal Service. In other areas, the PRC's Recommended Decision
generally followed the requests made by the Postal Service to increase
the fee for certified mail, merge the two options for return receipt
service, merge the two options for return receipt for merchandise,
increase the maximum available indemnity for insured mail to $5,000,
add optional insurance to $5,000 for Express Mail and refine the
current available indemnity structure, simplify the fee schedule for
registered mail, and eliminate special delivery. Although the PRC did
not recommend a fee for postal cards (renamed stamped cards), it did
suggest that the Postal Service remove costs unique to stamped cards
from total stamped cards and postcards subclass costs to support any
proposed fee in addition to the face value of the cards.
To implement the Governors' decision, the Postal Service published
a final rule containing the DMM standards adopted by the Postal Service
in the May 12, 1997, Federal Register (62 FR 26086-26099). The revised
DMM standards took effect June 8, 1997. As explained in that final
rule, because the PRC's Recommended Decision, as approved by the
Governors, established standards that were not previously published for
public comment in a proposed rule, the Postal Service solicited
comments from customers in three areas involving implementation of the
PRC's Recommended Decision and the Governors' Decision. Comments were
solicited on the following standards:
1. Standards for post office box service as provided in DMM D910,
including eligibility for box service in offices that offer no form of
carrier delivery.
2. Standards for indemnity as provided in DMM S010, S500, and S913.
3. Standards for return receipt service and return receipt service
for merchandise in DMM S915 and S917, including the merger of the
options currently available.
After considering the potential effects of these provisions, the
Postal Service determined to allow 15 days for public comment through
May 27, 1997. Although a longer comment period is usually provided, the
Postal Service concluded that a 15-day comment period was warranted in
this case for two reasons:
1. First, the list of provisions on which comment was sought was
short and straightforward. Customers and mailers would have little
difficulty evaluating the effect of these provisions on their personal
or commercial mailing requirements.
2. Second, the Postal Service wanted to ensure that customers and
mailers had sufficient time after the close of the comment period and
publication of any possible revisions to the final rule to make the
necessary changes to their operations before the June 8, 1997,
implementation date.
Part A of this supplementary final rule provides an analysis of
comments received and the Postal Service responses. Part B describes
the minor operational changes and clarifying amendments made to certain
DMM standards as originally published in the final rule for post office
box service and caller service. The affected text of the revised DMM
standards that have been subsequently amended are published at the end
of this supplementary final rule.
A. Summary of Comments
The Postal Service received only two pieces of correspondence
offering comments on the three identified aspects of the final rule.
Both commenters were individual customers.
Of those aspects on which comment was sought, one commenter wrote
on issues relevant to all three aspects, whereas the second commenter
wrote on only return receipt service. Some of the comments did not
directly address the issues as requested in the final rule; instead,
they touched on minor areas not within the scope of the final rule--for
example, the use of special services stamps.
Although comment was sought on only three specific aspects of the
final rule, one commenter submitted comments on one other issue as
discussed in section 4.
1. Post Office Box Service
a. Physical Address
One commenter stated that the requirement in DMM D910.2.4 that a
post office box applicant or current box customer must identify his or
her physical address would preclude those customers who operate from a
mobile home from obtaining a post office box. Furthermore, this
commenter believed that any such requirement should be limited to those
customers who obtain a box at the Group D or Group E fees.
The Postal Service has not imposed a new requirement with the final
rule. This requirement was included in the final rule for completeness
and to provide readers the context for those standards that were
changed by the final rule. The current box application form (PS Form
1093, Application for Post Office Box or Caller Service) requires
applicants, including those who operate from a mobile home, to provide
a physical address (such as that of a mobile home park). The Postal
Service believes that customers already have to identify a physical
address for postal as well as many nonpostal purposes, and they should
be able to identify such an address when applying for a post office
box.
b. Box Termination
One commenter stated that the regulation in DMM D910.8.2 that
allows post office box service to be terminated if a box customer
conducts himself or herself in a violent, threatening, or otherwise
abusive manner on postal property is too subjective and should not
apply only to box customers.
The final rule merely codifies existing practices and policies.
This regulation stems from problems that the Postal Service has
experienced with box customers in particular and responds to those
particular problems. Any customer whose box service is terminated on
such grounds has a right of appeal as provided under DMM D910.8.3.
Moreover, this basis for terminating box service has already been
upheld by the Judicial Officer Department of the Postal Service, so
inclusion of the language simply serves to identify all the applicable
grounds for termination of box service.
2. Indemnity Standards
One commenter stated that the lower bound in the first value
increment for insured registered mail in DMM Exhibit R900.16.0 should
be changed from $0.00 to $0.01 because the commenter asserted that
insurance cannot be purchased for articles having no value.
The lower bound in the first increment in the insured registry fee
schedule begins at $0.00 for simplicity and parallel structure with the
uninsured registry fee option. The Postal Service doubts, moreover,
that customers mailing articles of no value will pay the marginally
higher fee for insured registry because the option of purchasing
registry without insurance will be available for a slightly lower fee.
Retail postal clerks can assist customers in selecting the service
option that best meets the needs of those customers.
3. Return Receipt Services
Both commenters suggested that the Postal Service modify the green
return receipt postcard (PS Form 3811,
[[Page 31514]]
Domestic Return Receipt) to enable the delivery employee to indicate on
the card whether the addressee's delivery address matches the delivery
address printed on the mailpiece. Currently, the delivery employee does
not mark the address block on the card if the address of delivery
matches the address on the mailpiece. The commenters emphasized that
redesigning the card with a checkbox would provide further confirmation
to the sender that the delivery address on the piece was correct.
The Postal Service believes that this proposal merits adoption.
This measure would provide further confirmation to the sender of the
correctness of the addressee's address. The Postal Service is in the
process of redesigning the return receipt card. Owing to large
inventories of the current card, the Postal Service will not begin to
introduce a new card until later this year.
4. Other
One commenter requested that the Postal Service permit customers to
use previously issued special delivery stamps for any purpose. The last
special delivery stamp was issued 26 years ago in May 1971 and
withdrawn from general sale in 1974. The commenter also requested that
other special services stamps (certified mail, registered mail, and
special handling) be valid for the particular service and that the old
newspaper stamps and parcel post stamps be permitted for any use.
Under DMM P022.2.2, certified mail stamps (last issued in 1955),
special delivery stamps (last issued in 1974), and special handling
stamps (last issued in 1955) are ``not valid to pay postage for U.S.
domestic or U.S.-originated international mail.'' Although registry
stamps are not listed in that regulation, they were issued on December
11, 1911, and were withdrawn from general sale on May 28, 1913. It is
unlikely that customers would use these stamps to pay registry fees
because these stamps have much higher value as philatelic items. Parcel
post stamps, last issued in 1913, have been valid for any domestic
postal purpose since July 1, 1913.
Newspaper stamps were first issued in 1865 for bulk mailings of
newspapers and periodicals. Starting in 1875, the stamps were affixed
to special cards, canceled, and kept by the postmaster as a record of
proper payment. The Post Office Department discontinued issuing these
stamps on July 1, 1898. Newspaper stamps were a precursor to the
current required use of advance deposit accounts to pay Periodicals
postage. Currently, Periodicals mail, unlike any other class of mail,
may not be paid with adhesive stamps, postage meter stamps, or permit
imprint indicia.
When the Post Office Department introduced many of its special
services, it issued distinctive stamps to enable customers to pay the
fees for the particular special service as well as serve as a means of
endorsement. As a customer convenience and a cost-saving measure for
the Postal Service, issuance of new special services stamps was
discontinued and customers were permitted to use ordinary postage
stamps to pay the postage and the applicable special service fees. To
ensure proper handling, the Postal Service has required the use of
endorsements to indicate the purchase of services. Since 1994, the
Postal Service has required customers to use special labels for most of
these special services. This policy ensures that the mail is properly
handled according to the service purchased.
To avoid confusion, the Postal Service does not intend to change
its policy of disallowing the use of special delivery stamps. Customers
who possess special delivery stamps may use them to pay the special
delivery fee for international special delivery mail. Section 373 of
the International Mail Manual clearly provides that the sender ``may
pay the special delivery fee with special delivery stamps, postage
stamps, postage validation imprinter (PVI) labels, or postage meter
stamps. However, special delivery stamps may only be used for the
payment of the special delivery fee.''
B. Summary of DMM Changes
1. Post Office Box Service
The scope of the amendments to the final rule on post office box
service under DMM D910.5.0 covers clarifying definitions to the
administrative and delivery boundaries of post offices that provide
delivery to other offices. Additionally, the ambiguous term ``smallest
available size'' in reference to no-fee boxes available to certain
customers was specified as ``the smallest box currently vacant'' rather
than the smallest box installed in the particular postal facility.
Further, the amended language notes that boxes at Group E fees are
also available as provided under the rules for post offices without any
carrier delivery. Eligibility for Group E fees was additionally defined
with the exclusion of customers who receive mail at single-point
delivery stops such as hotels, colleges, military installations, and
transient trailer parks.
Finally, McLean, VA 22103 is deleted from DMM Exhibit D910.5.3,
Facilities Assigned Location-Based Box Fees, with the relocation in
1992 of that ZIP Code from a Group B location to a Group C postal
facility. Customers receiving service at that ZIP Code are to be
charged Group C fees.
2. Caller Service
Postmasters in Group D post offices are given the option under new
DMM D920.4.8 of synchronizing customer payments for caller service to
April 1 and October 1 if the office has fewer than 500 post office
boxes. This option was already available for post office box fees in
Group D offices, but it was not available for caller service because,
before the June 8 implementation of the final rule, caller service was
not offered at Group D offices.
Finally, McLean, VA 22103 is moved from Group B to Group C in DMM
Exhibit D920.4.1, Caller Service Groups, with the relocation of that
ZIP Code in 1992 from a Group B location to a Group C postal facility.
Caller service customers receiving service at that ZIP Code are to be
charged Group C fees.
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, 3626, 5001.
2. In view of the foregoing, amend the following sections of
Domestic Mail Manual Issue 51 as set forth below:
D DEPOSIT, COLLECTION, AND DELIVERY
* * * * *
D900 Other Delivery Services
D910 Post Office Box Service
* * * * *
5.0 FEE GROUP ASSIGNMENTS
5.1 Post Offices
For purposes of fee group assignment, and as defined in 4.3, a post
office includes all subordinate facilities or units administered by
that post office, such as classified stations, classified branches, and
contractor-operated facilities. Additionally, the type of carrier
delivery service available at any one facility administered by a post
office determines the fee group applicable to all facilities of that
post office as follows:
[Amend 5.1a by replacing ``boundaries of any delivery area ZIP Code''
with ``delivery ZIP Code boundaries''; by
[[Page 31515]]
adding ``(i.e., the smallest box currently vacant)'' after ``smallest
available size''; and by adding ``Boxes at Group E fees are also
available as provided under 5.1c.'' to the end of the section to read
as follows:]
a. Post Office With City Delivery. A post office that provides city
carrier delivery at any of its administered facilities applies Group C
fees, except as provided in 5.3. A customer whose physical residence or
business location is within the geographic delivery ZIP Code boundaries
administered by that city delivery post office, who is ineligible for
any form of carrier delivery service from that post office and who does
not receive carrier delivery via an out-of-bounds delivery receptacle,
may obtain one box of the smallest available size (i.e., the smallest
box currently vacant) at the Group E fee (no fee). Boxes at Group E
fees are also available as provided under 5.1c.
b. Post Office With Only Rural or Highway Contract Carrier
Delivery. A post office that does not provide city carrier delivery but
provides only rural carrier or highway contract carrier delivery at any
of its administered facilities applies Group D fees, except as provided
in 5.3, with two exceptions:
[Amend 5.1b(1) by replacing ``boundaries of any delivery area ZIP
Code'' with ``delivery ZIP Code boundaries''; by adding ``(i.e., the
smallest box currently vacant)'' after ``smallest available size''; and
by adding ``Boxes at Group E fees are also available as provided under
5.1c.'' to the end of the section to read as follows:]
(1) A customer whose physical residence or business location is
within the geographic delivery ZIP Code boundaries administered by that
non-city delivery post office, who is ineligible for any form of
carrier delivery service, who does not receive carrier delivery via an
out-of-bounds delivery receptacle, and who resides outside the
immediate vicinity of the post office as specified in Postal Operations
Manual 653, may obtain one box of the smallest available size (i.e.,
the smallest box currently vacant) at the Group E fee (no fee). Boxes
at Group E fees are also available as provided under 5.1c.
(2) A customer whose ineligibility for carrier service arises from
residing in the immediate vicinity of the post office as specified in
Postal Operations Manual 653 is afforded continued access to general
delivery service.
[Amend 5.1c by replacing ``boundaries of other post offices'' with
``ZIP Code boundaries of another post office'' to read as follows:]
c. Post Office Without Any Carrier Delivery. A post office that
does not provide any form of carrier delivery (i.e., a nondelivery post
office) exists within the geographic delivery ZIP Code boundaries of
another post office. A nondelivery post office applies Group D fees or
Group E fees (no fees), based on the box customer's physical residence
or business location relative to the geographic boundaries of the post
office containing the nondelivery office, as follows:
[Amend 5.1c(1) by replacing in the first sentence ``inside the
geographic ZIP Code boundaries'' with ``within the geographic delivery
ZIP Code boundaries''; by replacing in the second sentence ``a box at
either the nondelivery office or the containing delivery office'' with
``a box of any size at the nondelivery office or the smallest vacant
box at the containing delivery office'' to read as follows:]
(1) If the box customer's physical residence or business location
is within the geographic delivery ZIP Code boundaries of the post
office containing the nondelivery office, and the customer is eligible
for carrier delivery service, a box at the nondelivery office is
provided at the Group D fee. If the customer is not eligible for
carrier delivery service and does not receive carrier delivery via an
out-of-bounds delivery receptacle, a box of any size at the nondelivery
office or the smallest vacant box at the containing delivery office is
provided at the Group E fee (no fee).
[Amend 5.1c(2) by replacing ``geographic ZIP Code boundaries'' with
``geographic delivery ZIP Code boundaries'' to read as follows:]
(2) If the box customer's physical residence or business location
is outside the geographic delivery ZIP Code boundaries of the post
office containing the nondelivery office, a box is provided at the
Group D fee.
[Add new 5.1d to read as follows:]
d. Single-Point Delivery. Eligibility for Group E fees does not
extend to individual tenants, contractors, employees, or other
individuals receiving or eligible to receive single-point delivery such
as delivery to a hotel, college, military installation, or transient
trailer park.
[Amend 5.2 by adding ``and not under the administration of a post
office'' after ``post office boxes'' to read as follows:]
5.2 Mail Processing Facilities
Mail processing facilities with post office boxes and not under the
administration of a post office apply Group C fees to post office
boxes, except as provided in 5.3.
[Amend 5.3 by removing ``McLean, VA 22103'' in Exhibit 5.3 to read as
follows:]
5.3 Facilities Assigned Location-Based Box Fees
The facilities defined by the ZIP Codes in Exhibit 5.3 constitute
exceptions to the fee groupings described in 5.1 and 5.2. Group A or B
fees apply as identified.
Facilities Assigned Location-Based Box Fees--Exhibit 5.3
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Group Location ZIP Codes
----------------------------------------------------------------------------------------------------------------
A.................................. New York, NY............... 10001-10299
B.................................. Boston, MA................. 02113, 02115, 02117, 02128, 02134, 02135,
02139, 02140, 02142, 02146, 02158-02162,
02164-02168, 02178, 02179, 02181, 02205,
02214-02216, 02218, 02238
Staten Island, NY.......... 10301-10399
Long Island City, NY....... 11101-11199
Brooklyn, NY............... 11201-11299
Queens (Flushing), NY...... 11301-11399
Queens (Jamaica), NY....... 11401-11499
Queens (Far Rockaway), NY.. 11601-11699
Philadelphia, PA........... 19101-19104, 19105, 19107
Washington, DC............. 20004-20009, 20013, 20026, 20033, 20035,
20036, 20037, 20038, 20043, 20044, 20050,
20056
Bethesda, MD............... 20813, 20824, 20825, 20827
Arlington, VA.............. 22202, 22209, 22210, 22216
[[Page 31516]]
Chicago, IL 60606, 60610,
60611, 60654, 60664,
60680, 60681, 60684, 60690.
Los Angeles, CA............ 90019, 90024, 90025, 90034, 90035, 90048,
90049, 90064, 90067, 90069
Beverly Hills, CA.......... 90210-90212
Santa Monica, CA........... 90401-90405
San Francisco, CA.......... 94101, 94107, 94108, 94126, 94133, 94147,
94159, 94164
Honolulu, HI............... 96801-96815, 96830
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* * * * *
D920 Caller Service
* * * * *
4.0 BASIS OF FEES AND PAYMENT
[Amend 4.1 by removing ``McLean, VA 22103'' from Exhibit 4.1 to read as
follows:]
4.1 Basic Caller Fee
The caller service fee groups are shown in Exhibit 4.1 and are
charged per semiannual (6-month) period. The fee must be paid for each
caller number or separation used, with two exceptions:
* * * * *
Caller Service Groups--Exhibit 4.1
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Group Location ZIP Codes
----------------------------------------------------------------------------------------------------------------
A.................................. New York, NY............... 10001-10299
B.................................. Boston, MA................. 02113, 02115, 02117, 02128, 02134, 02135,
02139, 02140, 02142, 02146, 02158-02162,
02164-02168, 02178, 02179, 02181, 02205,
02214-02216, 02218, 02238
Staten Island, NY.......... 10301-10399
Long Island City, NY....... 11101-11199
Brooklyn, NY............... 11201-11299
Queens (Flushing), NY...... 11301-11399
Queens (Jamaica), NY....... 11401-11499
Queens (Far Rockaway), NY.. 11601-11699
Philadelphia, PA........... 19101-19104, 19105, 19107
Washington, DC............. 20004-20009, 20013, 20026, 20033, 20035,
20036, 20037, 20038, 20043, 20044, 20050,
20056
Bethesda, MD............... 20813, 20824, 20825, 20827
Arlington, VA.............. 22202, 22209, 22210, 22216
Chicago, IL................ 60606, 60610, 60611, 60654, 60664, 60680,
60681, 60684, 60690
Los Angeles, CA............ 90019, 90024, 90025, 90034, 90035, 90048,
90049, 90064, 90067, 90069
Beverly Hills, CA.......... 90210-90212
Santa Monica, CA........... 90401-90405
San Francisco, CA.......... 94101, 94107, 94108, 94126, 94133, 94147,
94159, 94164
Honolulu, HI............... 96801-96815, 96830
C..................................
(1)All post offices with city
delivery and all nondelivery mail
processing facilities not listed
in Group A or B.
D..................................
(1)All post offices with no city
delivery but with only rural or
highway contract delivery and not
listed in Group A or B.
----------------------------------------------------------------------------------------------------------------
* * * * *
[Add new 4.8 to read as follows:]
4.8 Exception for Group D Offices
Postmasters at Group D offices with fewer than 500 post office
boxes may set April 1 and October 1 as the beginning of payment periods
for caller service customers in their offices. Payment periods
beginning other than April 1 or October 1 are brought into alignment
with these respective dates by adjusting fees as follows:
a. New service, one-sixth of the semiannual fee is charged for each
remaining month between the beginning of the new payment period and the
next April 1 or October 1.
b. Existing service, one-sixth of the semiannual fee is charged for
each remaining month between the end of all currently paid periods and
the next April 1 or October 1.
c. Next one or two semiannual payment periods, an adjustment may be
accepted in addition to fees.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 97-15125 Filed 6-9-97; 8:45 am]
BILLING CODE 7710-12-P