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Final Rule: Disclosure of Change of Address and Post Office Boxholder Information

AT-86-07

Published: March 27, 1986
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Locate
Types:
Policy, Action Transmittals (AT), Regulations
Tags:
User Fees

ACTION TRANSMITTAL

OCSE-AT-86-07

March 27, 1986

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Disclosure of Change of Address and Post Office Boxholder Information; Conforming Regulations

REGULATION REFERENCE: 39 CFR Part 265

ATTACHMENT:Attached are final regulations issued by the Postal Service. The changes made in this document conform regulations on the disclosure of change of address and post office boxholder information to disclosure policy reflected by recently changed Postal Service records systems. In addition, this regulation eliminates reference to the $1.00 fee that was to be charged to Federal, State or local government agency requesters as of January 1, 1985. The effective date for payment of this fee is indefinitely postponed.

EFFECTIVE DATE: March 14, 1986

SUPERSEDED MATERIAL: OCSE-AT-84-4, dated June 20, 1984 and OCSE-AT-84-13, dated December 14, 1984

INQUIRIES TO: OCSE Regional Representatives

_______________________________________

Deputy Director

Office of Child Support Enforcement

POSTAL SERVICE

39 CFR Part 265

Disclosure of Change of Address and Post Office Boxholder Information; Conforming Regulations

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The purpose of this final rule is to confirm Postal Service regulations on the disclosure of change of address and post office boxholder information appearing in the Code of Federal Regulations with the disclosure policy reflected by recently changed Postal Service records systems containing change of address and boxholder information. This rule also modes these regulations to eliminate reference to the $1.00 fee that was to be charged to Federal, State or local government agency requesters as of January 1, 1985. The effective date for payment of this fee has been indefinitely postponed. The changes published here reflect no change in postal policy; they merely make one set of regulations consistent with changes previously made to another set.

EFFECTIVE DATE: March 14, 1986.

FOR FURTHER INFORMATION CONTACT: Betty Sheriff, (202) 268-5158.

SUPPLEMENTARY INFORMATION: On November 15, 1985, the Postal Service Published in the Federal Register (50 FR 47311) final notice of changes to record systems USPS 010.010-Collection and Delivery Records-Address Change and Mail Forwarding Records, and UPS 010.020-Collection and Delivery Records-Boxholder Records. The background and rationale for these changes was published in the Federal Register on July 16, 1985 (50 FR 28862), and comments were requested from the public. No comments were received. Accordingly the Postal Service published its final rule on November 15, 1985, as stated above. The changes being made here merely conform the following Postal Service regulations on the release of information published in the Code of Federal Regulations (in 39 CFR 265.6(d) and õõ 265.8 (d)(3) and (e)(8)) with the above described recently changed Postal Service record systems.

Further, on November 29, 1984, the Postal Service published in the Federal Register (49 FR 46895) notice of indefinite postponement of its intent to begin charging a $1.00 fee for providing information about a postal customer's address to Federal, State, or local Government agency requesters as of January 1, 1985. Sections 265.6(d)(8) and 265.8(e)(8) have been changed and õ 265.8(d)(4) deleted to eliminate reference to this fee.

Accordingly, Part 265 of 39 CFR is amended as follows:

List of Subjects in 39 CFR Part 265

Release of information. Postal Service.

PART 265-RELEASE OF INFORMATION

1. The authority citation for Part 265 is revised to read as follows:

Authority: 39 U.S.C. 401; 5 U.S.C. 552.

2. Section 265.6(d) is revised to read as follows:

õ 265.6 Availability of records

* * * * *

(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) Permanent change of address. The new address of any specific customer who has filed a permanent Change of Address Order (PS Form 3575) will be furnished to any person upon payment of the prescribed fee. See paragraphs (d)(3) and (e)(8) of õ 265.8. Disclosure will be limited to the address of the specifically identified individual about whom the information is requested (i.e., not other individual's or family members 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)(6)(i), (d)(6)(iii), or (d)(6)(iv) of this section. The fee is waived for providing information under these latter circumstances. See paragraph (e)(8) of õ 265.8.

(2) Temporary change of address. Information from temporary change of address orders will be furnished only in those circumstances stated at paragraphs (d)(6)(i) through (d)(6)(iv) of this section. Copies of the change of address order form will be furnished only in those circumstances stated at paragraphs (d)(6)(i), (d)(6)(iii), or (d)(6)(iv) of this section. The fee is waived for providing information under these latter circumstances. See paragraph (e)(8) of

õ 265.8.

(3) Name and address of permit holder. The name and address of the holder of a particular bulk mail permit, permit imprint or similar permit, or postage meter permit, and the name of any person applying for a permit in behalf of a holder, will be furnished to any person upon the payment of any fees authorized by paragraph (d)(2) of õ 265.8. (Lists of permit holders may not be disclosed to members of the public. See paragraph (e)(1) of this section.)

(4) Post office box address. The recorded post office box address of a customer whose mail is redirected to a post office box will be furnished in accordance with paragraph (d)(1) of this section upon payment of the prescribed fee.

(5) Fee office boxholder information. Information from Form1093, Application for Post Office Box or Caller Number, will be provided only as follows:

(i) Business use-The recorded name, address, and telephone number of the holder of a post office box being used for the purpose of doing or soliciting business with the public, and any person applying for a box in behalf of a holder, will be furnished to any person without charge. The postmaster may furnish this information from Form 1093 when he is satisfied from the entries appearing on it, or from evidence furnished by the requester (such as an advertising circular), that the box is being used for such a business purpose. When the postmaster is unable to determine whether a business use is involved, he shall refer the request to Regional Counsel for advice.

(ii) Non-business use- Information from Form 1093 about the holder of a post office box which is not being used for the purpose of doing or soliciting business with the public will not be furnished except in those circumstances stated at paragraphs (d)(6)(i) through (d)(6)(iv) of this section.

(iii) Copies of Form 1093- Copies of Form 1093 will not be furnished except in those circumstances stated at paragraphs (d)(6)(i), (d)(6)(iii), or (d)(6)(iv) of this section.

(6) Exceptions. Except as otherwise provided in these regulations, names or addresses of postal customers will be furnished only as follows;

(i) To a federal, state or local government agency upon prior written certification that the information is required for the performance of its duties.

(ii) 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 written information that specifically includes all of the following: (A) A certification that the name or address is needed and will be used solely for service of legal procedures in connection with actual or prospective litigation: (B) a citation to the statute or regulation which empowers the requester to serve process, if pertinent: (C) the names of all known parties to the litigation; (D) the court in which the case has been or will be commenced: (E) the docket or other identifying number, if one has been issued: (F) the capacity in which the boxholder is to be served, e.g. defendant or witness; and (G) a brief description of the nature of the litigation, e.g., domestic relations, personal injury, property damage, indebtedness. By submitting such information, the requester certifies that it is true.

Note. - The term pro se means that a party is not represented by an attorney, but is representing himself.

(iii) In compliance with a subpoena or other court order.

(iv) To a law enforcement agency, for oral requests made through the Inspection Service, but only after the Inspection Service has confirmed that the information is needed in the course of a criminal investigation. (All other requests from law enforcement agencies should be submitted in writing to the postmaster as in paragraph (d)(6)(i) of this section.)

(7) Jury service. The mailing address of any customer sought in connection with jury service, if known, will be furnished without charge upon prior written request to a court official, such as a judge, court clerk or jury commissioner.

(8) Address verification. The address of a postal customer will be verified at the request of a Federal, State, or local government agency upon written certification that the information is required for the performance of the agency's duties. "Verification" means advising such an agency whether or not its address for a postal customer is one at which mail for that customer is currently being delivered. "Verification" neither means nor implies knowledge on the part of the Postal Service as to the actual residence of the customer or as to the actual receipt by the customer of mail delivered to that address. The Postal Service requires government agencies to use the following format when requesting the verification of a customers current address or a customer's new mailing address. (SEE BELOW) If the request lacks any of the required information or a proper signature or if the request has been sent to the wrong post office, the postmaster will return the request to the agency specifying the deficiency in the space marked "OTHER".

(9) Business/Residence location. If the location of a residence or a place of business is known to a Postal Service employee, whether as a result of official duties or otherwise, the employee may, but need not, disclose the location or give directions to it. No fee is charged for such information.

(10) Form 1583. Application for Delivery of Mail Through Agent. Information contained in Form 1583 will not be made available to the public.

3. In õ265.8, paragraph (d)(4) is deleted and paragraphs (d)(3) and (e)(8) are revised to read as follows:

õ 265.8 Schedule of fees.

* * * * *

(d) Other costs * * *

(3) Change of address orders. Although change of address information is not required by the Freedom of Information Act to be made available to the public, the fee for obtaining this information in accordance with paragraph (d)(1) of õ 265.6 is included in this section as a matter of convenience. The fee for searching for a change of address order is $1.00. This fee is charged regardless of whether a permanent change of address is found on file. (See paragraph (e)(8) of this section.)

(e) Payment and waiver fees. * * *

(8) Waiver of fee for changes of address.

The fee prescribed by paragraph (d)(3) of this section is waived when change of address information is provided:

(i) To a Federal, state or local government agency upon prior written certification that the information is required for the performance of its duties.

(ii) To persons requesting the information for the purpose of serving legal process in accordance with paragraph (d)(6)(ii) ofõ 265.6.

(iii) In compliance with a subpoena or other court order.

(iv) To a law enforcement agency, for oral requests made through the Inspection Service in accordance with paragraph (d)(6)(iv) of õ 265.6.

(v) To postage meter manufacturers when they are attempting to locate a missing meter.

This waver does not apply to fees for services performed in accordance with section 122.5 of the Domestic Mail Manual.

* * * * *

W. Allen Sanders,

Associate General Counsel, Office of General Law and Administration.

[Fr Doc. 86-5642 Filed 3-13-86; 8:45 am]

BILLING CODE 7710-12-M

(SEE BELOW FOR ADDRESS INFORMATION REQUEST SHEET)

(AGENCY LETTERHEAD)

TO: Postmaster Agency Control No. __________________

________________________ Date: ______________________________

ADDRESS INFORMATION REQUEST

Please furnish this agency with the new address, if available, for the following individual or verify whether or not the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form.

Name:

Last Known

Address:

I certify that the address information for this individual is required for the performance of this agency's official duties.

______________________________

(Signature of Agency Official)

_____________________________

(Title)

_________________________________________________________________

FOR POST OFFICE USE ONLY

[ ] MAIL IS DELIVERED TO ADDRESS GIVEN NEW ADDRESS

[ ] NOT KNOWN AT ADDRESS GIVEN __________________________

[ ] MOVED, LEFT NO FORWARDING __________________________

ADDRESS

BOXHOLDER'S STREET ADDRESS

[ ] NO SUCH ADDRESS __________________________

[ ] OTHER (SPECIFY): __________________________

_____________________________

_____________________________

_____________________________

Agency return address Postmark/Date Stamp