[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32766-32767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14934]
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POSTAL SERVICE
39 CFR Part 265
Production or Disclosure of Material or Information; Adding the
Definition of a Record and Clarifying Language Concerning the Timing of
Responses to Requests and Specific Categories of Records
AGENCY: Postal ServiceTM.
ACTION: Final rule.
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SUMMARY: The Postal Service is adding the definition of a record to its
regulations concerning the Freedom of Information Act. The Postal
Service is deleting language in order to clarify the timing of
responses to requests. The Postal Service is also adding two words to
two provisions in its Freedom of Information Act regulations concerning
special categories of records, for clarification purposes.
DATES: Effective date: July 18, 2017.
FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel,
Federal Compliance, [email protected], 202-268-2944.
SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the
Postal Service published its revised Freedom of Information Act (FOIA)
regulations to comply with the FOIA Improvement Act of 2016 (FOIAIA),
effective December 27, 2016. In response to public comments, the Postal
Service published an additional change to these regulations on January
10, 2017 (82 FR 2896). After further review, the Postal Service
published miscellaneous technical corrections to its regulations on
March 8, 2017 (82 FR 12921). The Postal Service is now adding a record
definition, deleting language from the timing of responses to requests,
and adding two words to two provisions in its Freedom of Information
Act regulations concerning records relating to specifically identified
customers, for clarification purposes.
List of Subjects in 39 CFR Part 265
Administrative practice and procedure, Courts, Freedom of
information, Government employees.
For the reasons stated in the preamble, the Postal Service amends
39 CFR chapter I as follows:
PART 265--[AMENDED]
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1. The authority citation for 39 CFR part 265 continues to read as
follows:
Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403,
410, 1001, 2601; Pub. L. 114-185.
[[Page 32767]]
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2. Revise Sec. 265.1 to read as follows:
Sec. 265.1 General provisions.
(a) Policy. (1) This subpart contains the regulations that
implement the Freedom of Information Act (FOIA), 5 U.S.C. 552, insofar
as the Act applies to the Postal Service. These rules should be read in
conjunction with the text of the FOIA and the Uniform Freedom of
Information Fee Schedule and Guidelines published by the Office of
Management and Budget (OMB Guidelines). The Postal Service FOIA
Requester's Guide, an easy-to-read guide for making Postal Service FOIA
requests, is available at http://about.usps.com/who-we-are/foia/welcome.htm.
(2) Requests made by individuals for records about themselves under
the Privacy Act of 1974, 5 U.S.C. 552a, are processed under part 266 of
this chapter as well as under this subpart.
(3) It is the policy of the Postal Service to make its official
records available to the public to the maximum extent consistent with
the public interest. This policy requires a practice of full disclosure
of those records that are covered by the requirements of the FOIA,
subject only to the specific exemptions required or authorized by law.
The exemptions from mandatory disclosure for various types of records
provided by 5 U.S.C. 552(b) and 39 U.S.C. 410(c) reflect the fact that
under some circumstances, the public interest may be better served by
leaving the disclosure of particular records to the discretion of the
Postal Service rather than by requiring their disclosure. This Postal
Service policy does not create any right enforceable in court.
(4) Nothing in this subpart shall be construed to entitle any
person, as of right, to any service or to the disclosure of any record
to which such person is not entitled under the FOIA.
(b) Definitions--(1) Record. (i) For purposes of this part, a
record is a discrete, distinct, or segregable grouping of information
that pertains to a specific topic that is:
(A) Recorded, regardless of media, format, or physical
characteristics, including electronic data; and
(B) In the custody or control of the Postal Service.
(ii) The definition of a record does not include any discrete,
distinct, or segregable grouping of information created at the
discretion of an employee primarily for the employee's convenience and
not disclosed to other employees. The definition of a record is not the
same as a ``document;'' a single ``document'' may be a single record or
it may include multiple records and groupings of information that do
not constitute records as defined in this section.
(2) Component. For purposes of this subpart, component means any
department or facility within the Postal Service that maintains
records; the Office of Inspector General; and the Postal Inspection
Service. Postal Service refers to all such components collectively.
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3. Revise Sec. 265.5(a) to read as follows:
Sec. 265.5 Timing of responses to requests.
(a) In general. Requests will ordinarily be responded to according
to their order of receipt. A request that is not initially submitted to
the appropriate FOIA RSC will be deemed to have been received by the
Postal Service at the time that it is actually received by the
appropriate FOIA RSC, but in any case a request will be deemed to have
been received no later than 10 business days after the request is first
received by a FOIA RSC.
* * * * *
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4. In Sec. 265.14, revise paragraphs (d) introductory text and (d)(5)
introductory text to read as follows:
Sec. 265.14 Rules concerning specific categories of records.
* * * * *
(d) Disclosure of names and addresses of specifically identified
Postal Service customers. Upon request, the names and addresses of
specifically identified Postal Service customers will be made available
only as follows:
* * * * *
(5) Exceptions. Except as otherwise provided in these regulations,
names or addresses of specifically identified Postal Service customers
will be furnished only as follows:
* * * * *
Ruth B. Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2017-14934 Filed 7-17-17; 8:45 am]
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