[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Proposed Rules]
[Pages 4918-4919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2138]


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POSTAL SERVICE

39 CFR Part 111


Delivery of Mail to a Commercial Mail Receiving Agency

AGENCY:  Postal Service.

ACTION:  Proposed rule with request for comments.

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SUMMARY:  The purpose of this proposal is to clarify requirements for 
delivery of an addressee's mail to a commercial mail receiving agency 
(CMRA). The proposal provides for guidelines to distinguish when a 
corporate executive center (CEC) or a part of its operations is 
considered a commercial mail receiving agency for purposes of these 
standards.

DATES:  Comments must be received on or before March 3, 2000.

ADDRESSES:  Written comments should be mailed to Manager, Delivery, 
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:  On March 25, 1999, the Postal Service 
published a final rule in the Federal Register adopting revised 
regulations governing the operation of commercial mail receiving 
agencies (CMRAs) with an effective date of April 26, 1999. (64 F.R. 
14385). The final rule amended sections D042.2.5 through D042.2.7 of 
the Domestic Mail Manual (DMM) to update and clarify procedures for 
delivery of an addressee's mail to a CMRA. The rule provided procedures 
for registration to act as a CMRA; an addressee to request mail 
delivery to a CMRA; and delivery of the mail to a CMRA. The rule was 
applicable to all businesses that provide agent mailing services to 
their customers; that is, receive delivery of mail for others from the 
Postal Service.
    A corporate executive center (CEC) is a business that operates 
primarily to provide shared private office facilities and business 
support services to individuals or firms. These CEC customers may also 
receive mail at the CEC address. CECs also have customers that do not 
occupy space and use the CEC address primarily to receive mail.
    Postal customers have asked the Postal Service to provide guidance 
when a CEC is considered a CMRA for purposes of postal standards; that 
is, when it and its customers must comply with rules governing the 
operation of CMRAs in sections D042.2.5 through D042.2.7 of the DMM. 
This proposal responds to that request and seeks to clarify and set 
forth guidelines when a CEC customer must comply with those standards. 
The proposal provides an objective test, based on the terms of the 
relationship between the CEC and its customer, to determine whether a 
customer is considered a ``CMRA customer.'' The CEC must register as a 
CMRA and comply with all CMRA regulations if one or more customers 
receiving mail at its address are considered ``CMRA customers.'' Each 
customer considered a ``CMRA customer'' must comply with the standards 
set forth in the DMM. Other customers, not considered to be ``CMRA 
customers,'' need not comply with these standards. A CEC will receive 
single point delivery of mail regardless whether its customers are 
deemed to be receiving CEC or CMRA services.
    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 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 
adding subsection D042.2.8 to read as follows:

D  Deposit, Collection, and Delivery

* * * * *

D040  Delivery of Mail

* * * * *

D042  Conditions of Delivery

* * * * *

2.0  DELIVERY TO ADDRESSEE'S AGENT

* * * * *

2.8  CEC DEFINITION

    Use the following procedures to distinguish when a corporate 
executive center (CEC) or part of its operation is a commercial mail 
receiving agency (CMRA): a. A CEC is a business that operates primarily 
to provide shared private office facilities and business support 
services to individuals or firms (customers). CEC customers may also 
receive mail at the CEC address. These customers will be considered CEC 
customers if they meet the standards set forth below. Customers who do 
not meet these standards and who receive mail through the CEC address 
will be considered CMRA customers and must comply with the CMRA 
standards. The CEC must register as a CMRA and comply with all CMRA 
standards if one or more customers receiving mail through its address 
are considered CMRA customers. A CEC will receive single point delivery 
of mail regardless of whether its customers are deemed to be receiving 
CEC or CMRA services.
    b. Except as provided in d, a customer receiving mail through the 
CEC address will be considered a CEC customer under these standards if:
    (1) The CEC licenses the customer through a written agreement to 
use one or more of the offices or workstations within the CEC facility 
for full-time occupancy; or,
    (2) The CEC licenses the customer through a written agreement to 
use one or more of the office or workstations within the CEC facility 
regularly each month for the term of the agreement (as defined in c) 
and the agreement also provides the customer:
    (A) Full-time receptionist service during normal business hours,

[[Page 4919]]

    (B) A listing in the office directory, if available, in the 
building in which the CEC is located, and
    (C) Conference rooms and other business services on demand.
    c. A customer shall be deemed to occupy space regularly each month 
for purposes of b(2) if, under the specific terms of the agreement, the 
person is charged at least $125 per month for the duration of the 
agreement for occupancy and related support services.
    d. Notwithstanding any other standards, a customer whose agreement 
provides for mail services only or mail and telephone services only 
will not be considered a CEC customer (without regard for occupancy or 
other services that a CEC may provide and bill for on demand).
    e. The Postal Service may request from the CEC copies of agreements 
or any other documents or information needed to determine compliance 
with these standards. Failure to provide requested documents or 
information may be a basis for suspending delivery service to the CEC 
under the procedures set forth in section D042.2.6.h through i for 
suspending delivery to a CMRA.
* * * * *
    [An appropriate amendment to 39 CFR 111.3 to reflect this change 
will be published if the proposal is adopted.]

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-2138 Filed 2-1-00; 8:45 am]
BILLING CODE 7710-12-U