Production or Disclosure of Material or Information, 2896 [2017-00106]

Download as PDF 2896 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations review under paragraph 34(f) of Figure 2–1 of the Commandant Instruction M16475.1D. A final environmental analysis checklist and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: ■ Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.01. ■ 2. Revise § 110.111 to read as follows: § 110.111 Marina del Rey Harbor, Calif. pmangrum on DSK3GDR082PROD with RULES An area in the main channel encompassed within the following described boundaries: Beginning at the northeasterly corner in position latitude 33°58′41.6″ N., longitude 118°26′50.8″ W.; thence southerly to latitude 33°58′30.2″ N., longitude 118°26′50.8″ W.; thence westerly to latitude 33°58′30.2″ N., longitude 118°26′55.1″ W.; thence northerly to latitude 33°58′41.6″ N., longitude 118°26′55.1″ W.; thence easterly to the point of origin. All coordinates referenced North American Datum 1983. Note to 110.111: The Marina del Rey Harbor Master, Los Angeles County, prescribes local regulations for mooring and boating activities in this area. Dated: December 2, 2016 T.A. Sokalzuk Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. 2016–31996 Filed 1–9–17; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 14:51 Jan 09, 2017 Jkt 241001 POSTAL SERVICE 39 CFR Part 265 Production or Disclosure of Material or Information Postal Service. Final rule. AGENCY: ACTION: The United States Postal Service® (Postal Service) is responding to public comments regarding the amendment of its regulations concerning compliance with the Freedom of Information Act (FOIA) to implement the changes to the procedures for the disclosure of records and for engaging in dispute resolution required by the FOIA Improvement Act of 2016. Upon review and evaluation of such comments, the Postal Service has found that one change to the regulations is necessary. DATES: Effective date: January 10, 2017. FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, Federal Compliance, natalie.a.bonanno@usps.gov, (202) 268– 2944. SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the Postal Service published notice of amendments to 39 CFR part 265 to implement changes required by the FOIA Improvement Act of 2016 (FOIAIA), Public Law 114–185 (June 30, 2016). These changes were effective on December 27, 2016. In response to this notice, we received comments that generally supported the amendments to the regulations, but questioned the definition of a ‘‘representative of the news media’’ in the regulations. The Postal Service has reviewed these comments, and has concluded that one change should be made to the definition in question. Our responses to the comments received, as grouped and categorized for convenience, are as follows. Question 1: Why did the Postal Service fail to eliminate the ‘‘organized and operated’’ standard from the definition of a representative of the news media in 39 CFR part 265.9(b)(8) in accordance with 5 U.S.C. part 552(a)(4)(a), recent case law, and the Open Government Act of 2007? Answer: Thank you for bringing this our attention. We will eliminate the ‘‘organized and operated’’ standard from the definition of a representative of the news media in 39 CFR 265.9(b)(8). Question 2: Why did the Postal Service fail to eliminate the requirement that a news media requester use ‘‘editorial skills’’ to turn ‘‘raw materials’’ into a ‘‘distinct work’’ as a SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 ‘‘simple press release commenting on records’’ would satisfy this criterion? Answer: Such a change would be inconsistent with 5 U.S.C. 552(a)(4)(a), and the Department of Justice, Office of Information Policy’s template regulations for agencies. In addition, eliminating the ‘‘editorial skills’’ requirement would extend the definition from representatives of the news media with a minimal degree of professionalism to almost anyone. Question 3: Why did the Postal Service fail to indicate that its list of examples of news media entities is nonexhaustive in contemplation of alternative media and evolving news media formats that may include posting content to a Web site? Answer: Such a change would be inconsistent with the Department of Justice, Office of Information Policy’s template regulations for agencies. Please note that the Postal Service accounted for ‘‘news organizations that disseminate solely on the Internet’’ in contemplation of evolving news media formats in 39 CFR 265.9(b)(8). 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 part 265 as follows: PART 265—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION 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. 2. Revise the first sentence of § 265.9(b)(8) to read as follows: ■ § 265.9 Fees. * * * * * (b) * * * (8) Representative of the news media is any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. * * * * * * * * Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2017–00106 Filed 1–9–17; 8:45 am] BILLING CODE 7710–12–P E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Page 2896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00106]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 265


Production or Disclosure of Material or Information

AGENCY: Postal Service.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Postal Service[supreg] (Postal Service) is 
responding to public comments regarding the amendment of its 
regulations concerning compliance with the Freedom of Information Act 
(FOIA) to implement the changes to the procedures for the disclosure of 
records and for engaging in dispute resolution required by the FOIA 
Improvement Act of 2016. Upon review and evaluation of such comments, 
the Postal Service has found that one change to the regulations is 
necessary.

DATES: Effective date: January 10, 2017.

FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, 
Federal Compliance, natalie.a.bonanno@usps.gov, (202) 268-2944.

SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the 
Postal Service published notice of amendments to 39 CFR part 265 to 
implement changes required by the FOIA Improvement Act of 2016 
(FOIAIA), Public Law 114-185 (June 30, 2016). These changes were 
effective on December 27, 2016.
    In response to this notice, we received comments that generally 
supported the amendments to the regulations, but questioned the 
definition of a ``representative of the news media'' in the 
regulations. The Postal Service has reviewed these comments, and has 
concluded that one change should be made to the definition in question.
    Our responses to the comments received, as grouped and categorized 
for convenience, are as follows.
    Question 1: Why did the Postal Service fail to eliminate the 
``organized and operated'' standard from the definition of a 
representative of the news media in 39 CFR part 265.9(b)(8) in 
accordance with 5 U.S.C. part 552(a)(4)(a), recent case law, and the 
Open Government Act of 2007?
    Answer: Thank you for bringing this our attention. We will 
eliminate the ``organized and operated'' standard from the definition 
of a representative of the news media in 39 CFR 265.9(b)(8).
    Question 2: Why did the Postal Service fail to eliminate the 
requirement that a news media requester use ``editorial skills'' to 
turn ``raw materials'' into a ``distinct work'' as a ``simple press 
release commenting on records'' would satisfy this criterion?
    Answer: Such a change would be inconsistent with 5 U.S.C. 
552(a)(4)(a), and the Department of Justice, Office of Information 
Policy's template regulations for agencies. In addition, eliminating 
the ``editorial skills'' requirement would extend the definition from 
representatives of the news media with a minimal degree of 
professionalism to almost anyone.
    Question 3: Why did the Postal Service fail to indicate that its 
list of examples of news media entities is non-exhaustive in 
contemplation of alternative media and evolving news media formats that 
may include posting content to a Web site?
    Answer: Such a change would be inconsistent with the Department of 
Justice, Office of Information Policy's template regulations for 
agencies. Please note that the Postal Service accounted for ``news 
organizations that disseminate solely on the Internet'' in 
contemplation of evolving news media formats in 39 CFR 265.9(b)(8).

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 part 265 as follows:

PART 265--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
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.


0
2. Revise the first sentence of Sec.  265.9(b)(8) to read as follows:


Sec.  265.9  Fees.

* * * * *
    (b) * * *
    (8) Representative of the news media is any person or entity that 
gathers information of potential interest to a segment of the public, 
uses its editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. * * *
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-00106 Filed 1-9-17; 8:45 am]
BILLING CODE 7710-12-P