[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Proposed Rules]
[Pages 530-531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-139]


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POSTAL SERVICE

39 CFR Part 111


Standards Governing the Design of Apartment House Mailboxes

AGENCY: Postal Service.

ACTION: Notice of intent to establish a Consensus Committee and notice 
of first meeting.

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SUMMARY: The Postal Service intends to establish a Consensus Committee 
to develop recommendations for revision of USPS STD 4B, which governs 
the design of apartment house mailboxes. The committee will develop and 
adopt its recommendations through a consensus process. The committee 
will consist of persons who represent the interests affected by the 
proposed rule, including apartment house type mailbox manufacturers, 
mailbox distributors, mailbox installers and servicers, postal 
customers, and apartment house builders, owners and managers. The 
purpose of this Notice is to apprise the public of the intent to 
establish the committee; provide the public with information regarding 
the committee; solicit public comment on the proposal to establish the 
committee and the proposed membership of the committee; explain how 
persons may apply or nominate others for membership on the committee; 
and announce the approximate date of the first committee meeting.

DATES: The Postal Service must receive written comments, requests for 
representation or membership on the committee, and nominations for 
membership on the committee no later than February 5, 2003. The first 
committee meeting is tentatively scheduled for some time during the 
first two weeks of February 2003.

ADDRESSES: The first committee meeting is tentatively scheduled to be 
held at U.S. Postal Service Headquarters, 475 L'Enfant Plaza, SW., 
Washington, DC 20260. Mail comments and all other communications 
regarding the committee to Jeffery W. Lewis, Room 7142, at the same 
address. Comments transmitted by fax or email will not be accepted. 
Committee documents will be available for public inspection and copying 
between 9 a.m. and 4 p.m. weekdays on the 11th floor at the address 
above.

FOR FURTHER INFORMATION CONTACT: Jeffery W. Lewis (202) 268-4757.

SUPPLEMENTARY INFORMATION:

I. Background

    U.S. Postal Service Standard 4B (USPS STD 4B), Receptacles, 
Apartment House, Mail, governs the design of apartment house mailboxes. 
The current standard, adopted in 1975, prescribes design limitations in 
terms that are no longer consistent with the operational requirements 
of the Postal Service. Primary issues to be addressed by the committee 
will include increasing design flexibility within the Postal Service's 
operational requirements; improving safety and mail security; and 
replacing existing mailboxes that do not satisfy the requirements of 
the new standard. The committee may also consider other issues at its 
discretion and within the scope set forth in paragraph II.

II. Scope of the Rule

    The contents of the new standard will consist of regulations on 
apartment house and office building mailbox design characteristics and 
the replacement of existing mailboxes that do not satisfy the 
requirements of the new standard.

III. New and Pending Applications

    Beginning on February 5, 2003, the Postal Service will take no 
further action on new or pending applications for approval of apartment 
house type mailbox designs, or on applications for modifications to 
approved apartment house type mailbox designs, until the revision of 
the standard is complete. This action is consistent with past practice, 
and is necessary to avoid approving designs under the current standard 
that may not be permissible under the new standard, or disapproving 
applications under the current standard that would be approved under 
the new standard.

IV. Consensus Process

    In a consensus process, representatives of interests that would be 
substantially affected by the new rule meet as an advisory committee to 
negotiate among themselves and with the agency to reach a consensus on 
a proposed rule. As part of the consensus process, the agency agrees to 
use the committee's recommendation as the basis of the proposed rule, 
and each private interest agrees to support the committee's 
recommendation and the proposed rule to the extent that it reflects the 
recommendation.
    A feasibility study, performed by a neutral convenor, and using the 
Negotiated Rulemaking Act, 5 U.S.C. 561 et seq. as a guide, recommended 
that the Postal Service initiate a consensus process. In reaching this

[[Page 531]]

recommendation, the convenor determined that: (1) There is a need for 
the rule; (2) there are a limited number of identifiable interests 
significantly impacted by the rule; (3) a committee can be created with 
balanced representation which can represent the identified interests 
and can negotiate in good faith; (4) consensus on the issues appears 
likely; (5) the consensus process will not unduly delay the issuance of 
the rule; (6) the agency has resources and is willing to assist the 
consensus process; and (7) the agency, within the constraints of the 
law, will use the advisory committee's consensus as the basis of the 
rule for notice and comment.

V. Participants

    The committee will include a representative from the Postal Service 
and representatives, to be selected by the Postal Service, from persons 
and/or organizations that will be significantly affected by this rule. 
Each representative may also name an alternate who may attend all 
committee meetings and will serve in place of the primary 
representative if necessary. The designated Postal Service 
representative will be authorized to represent the agency in the 
committee, and will participate in its activities, discussions, and 
deliberations.
    The convenor has recommended that the Postal Service invite certain 
organizations to participate in the consensus process. The convenor has 
contacted these organizations, which have indicated their willingness 
to serve on the committee. Therefore, the Postal Service proposes to 
invite the following organizations to participate in the consensus 
process:

Representing approved apartment house-type mailbox manufacturers:
    1. American Eagle Manufacturing Co.
    2. American Locker Security Systems
    3. Auth-Florence Manufacturing Co.
    4. Bommer Industries, Inc.
    5. Jensen Industries, Inc.
    6. Mail Security
    7. Salsbury Industries

Representing apartment house-type mailbox distributors, installers, and 
servicers:
    8. Postal Products, Inc.

Representing management, construction, and consumer interests:
    9. Associated Builders & Contractors
    10. Association of General Contractors
    11. Building Owners & Managers Association International
    12. Direct Marketing Association
    13. Magazine Publishers of America
    14. National Association of Homebuilders
    15. National Association of Housing & Redevelopment Officials
    16. National Association of Realtors
    17. National Multi-Housing Council
    18. Parcel Shippers Association

VI. Tentative Schedule

    The first committee meeting is tentatively scheduled for some time 
during the first 2 weeks of February 2003, at U.S. Postal Service 
Headquarters, 475 L'Enfant Plaza, SW., Washington, DC. Subsequent 
meetings will be scheduled by the committee, at the same location, and 
are expected to occur approximately 4 to 6 weeks apart.

VII. Nominations and Applications

    Persons and organizations that will be significantly affected by 
this rule may apply for membership on the committee or nominate another 
person or organization for membership. Each nomination or application 
must include: (1) The name of the applicant or nominee and a 
description of the interests that person or organization represents; 
(2) evidence that the applicant or nominee is authorized to represent 
the interests the person proposes to represent; (3) the reasons the 
applicant or nominator believes its interests or those of its nominee 
are sufficiently different from the those of organizations listed above 
that those interests would not be adequately represented by the members 
of the committee as proposed. All nominations and applications must be 
received by the Postal Service at the address above no later than 
February 5, 2003. The Postal Service reserves the right to refuse 
nominations and applications that do not fulfill these requirements. 
The Postal Service, with the advice of the convenor, will select 
committee members that provide adequate representation of each 
significantly affected interest rather than every individual and 
organization affected by the rule.

VIII. Procedures and Guidelines

(A) Facilitator

    The Postal Service has selected a neutral, impartial facilitator to 
serve as chairman of the committee meetings. The facilitator will 
assist committee members conduct discussions; help committee members 
define issues and reach consensus; and manage the minutes, agendas, and 
other records of the committee.

(B) Good Faith

    Committee members must be committed to negotiate in good faith and 
be authorized by the individuals and/or organization(s) they represent 
to do so. Therefore, senior individuals within each interest group 
should be designated to serve on the committee. Also, committee members 
must commit to support the final consensus recommendation of the 
committee.

(C) Administrative Support

    Administrative support will be provided by the Postal Service at 
its headquarters offices.

(D) Consensus

    ``Consensus'' is defined for the purposes of this rulemaking as the 
unanimous concurrence among the committee members unless the committee 
explicitly adopts a different definition.

(E) Committee Procedures

    Under the general guidance of the facilitator, and subject to legal 
requirements, the committee will establish procedures and ground rules.

(F) Records

    The facilitator will prepare minutes of all committee meetings. 
These minutes will be available for public inspection and copying as 
stated above.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 03-139 Filed 1-3-03; 8:45 am]
BILLING CODE 7710-12-P