Production or Disclosure of Material or Information, 48233-48237 [2018-20585]

Agencies

• Postal Service

[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48233-48237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20585]



[[Page 48233]]

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POSTAL SERVICE

39 CFR Parts 265 and 266


Production or Disclosure of Material or Information

AGENCY: Postal ServiceTM.

ACTION: Final rule.

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SUMMARY: In June 2018, the Postal Service proposed to amend its Freedom 
of Information Act and Privacy Act regulations. Most of these changes 
consisted of minor technical corrections. In addition to these 
technical changes, the Postal Service proposed changes to create a 
definition of ``information of a commercial nature'' as it pertains to 
the Postal Reorganization Act's provisions concerning disclosure of 
information under the Freedom of Information Act, add guidance for 
determining what information qualifies as commercial information under 
the Act, and provide specific examples. The Postal Service received 
three sets of comments and addresses them here.

DATES: This rule is effective as of October 24, 2018.

FOR FURTHER INFORMATION CONTACT: Ruth B. Stevenson, Attorney, Federal 
Compliance, [email protected], 202-268-6627.

SUPPLEMENTARY INFORMATION: 

Background

    In June 2018, the Postal Service proposed to amend its Freedom of 
Information Act (FOIA) and Privacy Act regulations. 83 FR 27933 (June 
15, 2018). Most of these changes were minor, intended to improve 
clarity and make technical corrections. In addition to these technical 
changes, the Postal Service proposed substantive changes intended to 
create a definition of ``information of a commercial nature'' as it 
pertains to the Postal Reorganization Act's provisions concerning 
disclosure of information under the FOIA, add guidance for determining 
what information qualifies as commercial information under the Act, and 
provide specific examples. The Postal Service received three sets of 
comments. The Postal Service has considered these comments and 
addresses them below.
    The Postal Reorganization Act of 1970 (PRA) subjected the newly 
formed United States Postal Service to certain federal statutes, 
including the FOIA. See 39 U.S.C. 410(b). The PRA was the result of 
over two years of congressional deliberation and debate seeking to 
reestablish the Postal Service as an independent executive organization 
that would ``be run more like a business than had its predecessor, the 
Post Office Department.'' Franchise Tax Bd. of Cal. v. U.S. Postal 
Serv., 467 U.S. 512, 520 (1984); see also Nat'l Ass'n of Greeting Card 
Publishers v. U.S. Postal Serv., 462 U.S. 810, 822 (1983) (noting that 
under the Act ``Congress sought to ensure that the Postal Service would 
be managed in a businesslike way''). In recognition of these new 
mandates and expectations, Congress specifically exempted the Postal 
Service from disclosing six types of operational information under the 
FOIA. See 39 U.S.C. 410(c). In particular, Congress exempted 
``information of a commercial nature, including trade secrets, whether 
or not obtained from a person outside the Postal Service, which under 
good business practice would not be publicly disclosed.'' 39 U.S.C. 
410(c)(2). The original form of the PRA's final iteration, H.R. 17070, 
would not have subjected the Postal Service to the FOIA at all. Id. 
However, the Senate conditioned its approval of H.R 17070 on the 
inclusion of several significant amendments embodied in S. 3842, 
including Section 410. S. 3842, 91st Cong. (1970); see also e.g., S. 
Rep. No. 91-912 (1970); H.R. Rep. No. 91-1363 (1970). This section both 
subjects the Postal Service to the FOIA and contains certain specific 
exemptions from disclosure. The House accepted the amendments in S. 
3842 with few changes and minimal discussion. See H.R. Rep. No. 91-1363 
(1970) and Public Law 91-375 (August 12, 1970). In addition, despite 
the fact that the inclusion of Section 410 was demanded by the Senate, 
the Senate record is devoid of specific discussion of this provision 
and its relationship to the FOIA. These omissions from the 
congressional record make it difficult to discern, beyond the plain 
language, how Congress intended the Postal Service to interpret section 
410--specifically, what constitutes ``information of a commercial 
nature'' under section 410(c)(2).
    The Postal Service's FOIA regulations were originally promulgated 
in 1975. See U.S. Postal Service, Freedom of Information Act 
Regulations, 40 FR 7330 (Feb. 19, 1975). Just as Congress did not 
define commercial information in Section 410, the original Federal 
Register notice concerning 39 CFR 265.14(b)(3) did not define, nor even 
discuss, commercial information or the proposed exemption of certain 
categories of records. Id. Despite some minor clarifying edits, the 
regulatory language of Sec.  265.14(b)(3) has remained substantially 
unchanged since 1975. See 51 FR 26385 (July 23, 1986) (adding two 
categories of records without discussion). Several courts have observed 
the absence of such definition, from either Congress or Postal Service 
regulations, as they endeavored to define the term themselves. See 
e.g., Carlson v. U.S. Postal Serv., 504 F.3d 1123, 1128 (9th Cir. 2007) 
(noting that neither Congress nor Postal Service regulations have 
defined ``information of a commercial nature''); Nat'l W. Life Ins. Co. 
v. U.S., 512 F. Supp. 454, 459-60 (N.D. Tex. 1980) (stating that there 
is ``no authority as to what constitutes commercial information''); 
Carlson v. U.S. Postal Serv., No. 13-CV-06017-JSC, 2015 WL 9258072, at 
*4 (N.D. Cal. Dec. 18, 2015) (stating that ``without a statutory or 
regulatory definition,'' the courts have been forced to turn to the 
dictionary for the common meaning). It was with these criticisms in 
mind that the Postal Service endeavored to make the proposed changes to 
its regulations at question here. See proposed Sec.  265.14(b)(3).

Summary of Commenter A's Comments and Postal Service Responses

    Commenter A made several thoughtful comments in response to the 
proposed rule changes. Chiefly, Commenter A questions the necessity of 
making any changes at all to Sec.  265.14 under the assumption that 
``there has been relatively little litigation over the scope of either 
39 U.S.C. 410(c)(2) or 39 CFR 265.14(b)(3).'' The Postal Service 
disagrees. The scope of Section 410(c)(2), and more precisely how to 
define commercial information, has been the subject of numerous court 
decisions. See e.g., Wickwire Gavin, P.C. v. U.S. Postal Serv., 356 
F.3d 588, 594-596 (4th Cir. 2004); Carlson, 504 F.3d at 1128; Nat'l W. 
Life Ins. Co., 512 F. Supp. at 459-60; Piper & Marbury v. U.S. Postal 
Serv., No. CIV. A. 99-2383JMFCKK, 2001 WL 214217, at *1 (D.D.C. Mar. 6, 
2001); Carlson, No. 13-CV-06017-JSC, 2015 WL 9258072, at *4. This topic 
has also been the subject of several other filed complaints that either 
never, or have not yet, reached judicial decision. Moreover, the scope 
of section 410(c)(2) is constantly a topic of controversy in the 
administrative appeal decisions the Postal Service issues under the 
FOIA. Therefore, the Postal Service believes that the level of 
controversy surrounding the scope of section 410(c)(2) merits 
regulatory clarification.
    Commenter A next posits that the Postal Service's proposed 
definition of ``information of a commercial nature'' would do more to 
confuse rather than clarify the scope of section 410(c)(2). The Postal 
Service proposes to amend

[[Page 48234]]

Sec.  265.14(b)(3) to state ``information is of a commercial nature if 
it relates to commerce, trade, profit, or the Postal Service's ability 
to conduct itself in a businesslike manner.'' 83 FR 27934, proposed 
Sec.  265.14(b)(3). The Postal Service's proposed amendments follow 
this subsection with six factors to evaluate in determining whether 
particular information meets this definition. Commenter A, while 
recognizing that this ``is generally consistent with case law,'' opines 
that the definition ``is so broad as to be meaningless.'' Again, the 
Postal Service disagrees. The proposed definition is clear, concise, 
and places new parameters on the scope of section 410(c)(2) where none 
previously existed. Furthermore, it is considerably narrower than both 
the current regulatory language of Sec.  265.14(b)(3) and the 
relatively boundless statutory text of section 410(c)(2). Moreover, the 
addition of six factors to apply in making a determination of 
information's commercial nature provide further clarity to the proposed 
definition while also providing guidance as to its application in real 
world circumstances.
    In addition to the proposed definition of ``information of a 
commercial nature'' and the six evaluation factors, the proposed 
amendment to Sec.  265.14 also includes a demonstrative, non-exclusive 
list of 21 examples of specific types of information the Postal Service 
has determined meets that definition. 83 FR 27934, proposed Sec.  
265.14(b)(3)(ii). The remainder of Commenter A's comments argue that 
certain of these listed examples would not qualify for withholding, 
including ``Facility-specific volume, revenue, and cost information,'' 
proposed Sec.  265.14(b)(3)(ii)(J), ``Country-specific international 
mail volume and revenue data,'' proposed Sec.  265.14(b)(3)(ii)(K), and 
``Parties to Negotiated Service Agreements,'' proposed Sec.  
265.14(b)(3)(ii)(O).
    Courts have identified several characteristics that tend to weigh 
either in favor of or against a determination that information is 
commercial in nature. Some of those characteristics include whether and 
to what extent the information: Is publicly available, is intrinsically 
economic or financial, is transactional, involves cost and pricing, 
would be useful to competitors, or could cause competitive harm if 
disclosed. See e.g., Carlson, 504 F.3d at 1130 (taking note that most 
of the requested information was already publicly available); Nat'l W. 
Life Ins. Co., 512 F. Supp. at 459-60 (noting that the information 
requested was not ``intrinsically economic or financial''); Carlson, 
No. 13-CV-06017-JSC, 2015 WL 9258072, at *7 (noting the transactional 
nature of the requested information, its potential utility to 
competitors, and recognizing that other courts have protected cost and 
pricing information); Wickwire Gavin, 356 F.3d at 595 (rejecting an 
``implied additional requirement'' of competitive harm, but noting that 
``competitive harm [is] one of many considerations'' in determining the 
commercial nature of information).
    Facility-specific and country-specific volume, revenue, and cost 
information share many of those characteristics. It is non-public, 
intrinsically economic and financial, and involves cost and pricing. 
Likewise, the Postal Service does not make the parties to its 
Negotiated Service Agreements public. The Postal Service uses these 
agreements to offer customized pricing and classifications to certain 
mailers to compete for those mailers' business. Neither of these items 
would typically be released ``under good business practice.'' Other 
businesses, including the Postal Service's competitors, do not release 
facility-specific or country-specific volume, revenue and cost 
information. Customers who hold Negotiated Service Agreements with the 
Postal Service do not publicly disclose such agreements.
    As such, the Postal Service declines making changes to its proposed 
amendments in response Commenter A's comments.

Summary of Commenter B's Comments and Postal Service Responses

    Likewise, Commenter B made several thoughtful comments in response 
to the proposed rule changes. All of Commenter B's comments relate to 
proposed Sec.  265.14(b)(3)(ii)(Q) which deems ``negotiated terms in 
leases'' commercial information under section 410(c)(2). Commenter B 
asks that the Postal Service delete this item from the list of examples 
included at proposed Sec.  265.14(b)(3)(ii). Commenter B's comments do 
not contest that negotiated terms in leases qualify as commercial 
information under section 410(c)(2), rather, it asserts that 
withholding this information is not ``consistent with good business 
practices for the commercial and business sector.''
    The PRA exempted from disclosure under the FOIA ``information of a 
commercial nature, including trade secrets, whether or not obtained 
from a person outside the Postal Service, which under good business 
practice would not be publicly disclosed.'' 39 U.S.C. 410(c)(2). 
Section 410(c)(2) creates a two-pronged inquiry; first, whether the 
information is commercial in nature, and second, whether it would be 
publicly disclosed under good business practice. See e.g., Wickwire 
Gavin, 356 F.3d at 594-95; Carlson No. 13-cv-06017-JSC, 2015 WL 
9258072, at *8. In order to determine whether commercial information 
would be disclosed under good business practice, courts look to the 
common practices of other businesses. See id. The Postal Service notes 
that its regulatory changes only encompass the definition of 
``commercial information.'' To the extent that Commenter B asserts that 
this information is not information that falls within the second prong 
of this inquiry, the Postal Service submits that such an assertion is 
outside the scope of this rulemaking. However, to the extent Commenter 
B's comments have any bearing on the instant rulemaking, the Postal 
Service declines to make changes to 39 CFR 265.14(b) that conform to 
Commenter B's comments for the reasons discussed below.
    First, Commenter B asserts that leasing information should not be 
exempt from public disclosure because this type of information is 
``routinely made publicly available in the commercial leasing 
industry,'' citing searchable databases provided by third-party 
companies. The Postal Service is not aware of any of its competitors 
publicly releasing the terms of their commercial leases. In fact, it is 
common practice for parties to a commercial lease to require non-
disclosure agreements as part of their lease terms for the very purpose 
of insuring that terms do not become public. As such, the Postal 
Service disagrees that this is a routine procedure in keeping with good 
business practice.
    Commenter B next points out that the United States General Services 
Administration (GSA) provides a searchable database containing 
information on the terms of its leases. While true, the Postal Service 
occupies a different position than GSA. GSA is not required to operate 
in a businesslike manner as its costs are paid through appropriated 
funds, whereas the Postal Service is self-funded by revenue it 
generates through operations. Congress enacted section 410(c)(2) in 
recognition of the Postal Service's dual role as both a government 
entity and a business competing in the market. This provision only 
applies to the Postal Service. Quite simply, GSA does not enjoy these 
same protections that Congress saw fit to provide the Postal Service. 
Moreover, section 410(c)(2) references withholding information ``under 
good business practice'' with courts looking to the practices of other 
businesses. GSA is not a business. Thus, GSA's practices regarding 
lease terms do not warrant

[[Page 48235]]

altering the proposed amendments to 39 CFR 265.14(b).
    Commenter B also asserts that the past practice of releasing Postal 
Service lease information ``has benefited both the Postal Service and 
the lessors of postal buildings.'' The Postal Service agrees that such 
practice has benefited lessors--but to the detriment of the Postal 
Service's bargaining position as lessee. It has been the Postal 
Service's experience that negotiations in which the lessor has access 
to extensive Postal Service lease information for other properties 
result in less-favorable economic terms for the Postal Service. In 
other words, the Postal Service is disadvantaged when lessors know 
exactly what rents, concessions, and other terms were accepted by the 
Postal Service for other properties in the Postal Service's lease 
portfolio. The circumstances surrounding the acceptance of less than 
optimal terms in one lease do not necessarily support the Postal 
Service's acceptance of similar terms in other leases. However, lessors 
can use the knowledge of the former to insist on the same non-
beneficial terms in their leases to the detriment of the Postal 
Service.
    Finally, Commenter B posits that without public access to the 
Postal Service's negotiated lease terms, insurance underwriters will 
have a more difficult time accurately estimating risk, causing premiums 
to increase. Commenter B asserts that this is especially so for ``loss 
of rent coverage.'' In theory, an increase in premiums will lead to an 
increase in rents. The Postal Service will not speculate on what 
factors impact pricing in insurance markets. However, it should be 
noted that insurance coverage is the responsibility of the lessor. 
Moreover, Postal Service leases do not require lessors to carry loss of 
rent coverage as this coverage solely benefits the lessor--protecting 
the lessor's income stream. The commercial real estate market dictates 
what rents are paid. While a hypothetical increase in insurance rates 
for lessors may somewhat increase the lessor's costs, the market will 
determine whether such an increase in cost can be passed on to tenants. 
In this case, the Postal Service does not believe that this will cause 
a significant increase in the rents it pays as determined by relevant 
commercial real estate market conditions. Regardless, even if such a 
hypothetical cost increase to the lessor were to trickle into the 
actual rents paid, the Postal Service estimates that any increase would 
be far offset by its improved bargaining position as a result of not 
publicly disclosing its lease information. As such, the Postal Service 
declines Commentator B's invitation to change the proposed amendments.

Summary of the Commenter C's Comments and Postal Service Responses

    Commenter C submitted comments supporting the Postal Service's 
proposed changes to 39 CFR 265.14(b). While Commenter C recognizes the 
importance of the FOIA's goal of promoting transparency in government, 
Commenter C also underlines the importance of ensuring that the Postal 
Service can adequately protect third party sensitive business 
information. Commenter C notes that the disclosure of such information 
may allow an unfair advantage to a business's competitors. Moreover, 
Commenter C notes that businesses in the private sector would be much 
more hesitant to conduct business with the Postal Service if they faced 
uncertainty as to whether the Postal Service could protect their 
confidential business information from public disclosure.
    The Postal Service appreciates and agrees with Commenter C. In 
order to effectively operate in a competitive commercial environment, 
the Postal Service must not only protect its own sensitive business 
information but must also have the ability to give its partners 
adequate assurances that the Postal Service can maintain the 
confidentiality of their information. The Postal Service believes that 
the edits to 39 CFR 265.14(b) achieve a balance between the goals of 
the FOIA and the Postal Service's ability to conduct itself in a 
business-like manner.

List of Subjects

39 CFR Part 265

    Administrative practice and procedure, Courts, Freedom of 
information, Government employees.

39 CFR Part 266

    Privacy.

    For the reasons stated in the preamble, the Postal Service amends 
39 CFR chapter I as follows:

PART 265--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. The authority citation for 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. Amend Sec.  265.1 by revising paragraph (a)(1) to read as follows:


Sec.  265.1  General provisions.

    (a) * * *
    (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 Act 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 https://about.usps.com/who-we-are/foia/welcome.htm.
* * * * *

0
3. Amend Sec.  265.3 by revising paragraphs (d) and (e) to read as 
follows:


Sec.  265.3   Procedure for submitting a FOIA request.

* * * * *
    (d) First-party requests. A requester who is making a request for 
records about himself must provide verification of identity sufficient 
to satisfy the component as to his identity prior to release of the 
record. For Privacy Act-protected records, the requester must further 
comply with the procedures set forth in 39 CFR 266.5.
    (e) Third-party requests. Where a FOIA request seeks disclosure of 
records that pertain to a third party, a requester may receive greater 
access by submitting a written authorization signed by that individual 
authorizing disclosure of the records to the requester, or by 
submitting proof that the individual is deceased (e.g., a copy of a 
death certificate or an obituary). As an exercise of administrative 
discretion, each component can require a requester to supply a 
notarized authorization, a declaration, a completed Privacy Waiver as 
set forth in 39 CFR 266.5(b)(2)(iii), or other additional information 
if necessary in order to verify that a particular individual has 
consented to disclosure.
* * * * *

0
4. Amend Sec.  265.6 by adding paragraph (e)(2) to read as follows:


Sec.  265.6  Responses to requests.

* * * * *
    (e) * * *
    (2) Any component invoking an exclusion must maintain an 
administrative record of the process of invocation and approval of 
exclusion by OIP.

0
5. Amend Sec.  265.9 by revising paragraph (c)(3) to read as follows:


Sec.  265.9  Fees.

* * * * *
    (c) * * *

[[Page 48236]]

    (3) Review. Commercial-use requesters shall be charged review fees 
at the rate of $21.00 for each half hour by personnel reviewing the 
records. Review fees shall be assessed in connection with the initial 
review of the record, i.e., the review conducted by a component to 
determine whether an exemption applies to a particular record or 
portion of a record. No charge will be made for review at the 
administrative appeal stage of exemptions applied at the initial review 
stage. However, if a particular exemption is deemed to no longer apply, 
any costs associated with a component's re-review of the records in 
order to consider the use of other exemptions may be assessed as review 
fees.
* * * * *

0
6. Amend Sec.  265.14 by revising paragraphs (b) and (d)(1) and (2) to 
read as follows:


Sec.  265.14  Rules concerning specific categories of records.

* * * * *
    (b) Information not subject to mandatory public disclosure. Certain 
types of information are exempt from mandatory disclosure under 
exemptions contained in the Freedom of Information Act and in 39 U.S.C. 
410(c). The Postal Service will exercise its discretion, in accordance 
with the policy stated in Sec.  265.1(c), as implemented by 
instructions issued by the Records Office with the approval of the 
General Counsel in determining whether the public interest is served by 
the inspection or copying of records that are:
    (1) Related solely to the internal personnel rules and practices of 
the Postal Service.
    (2) Trade secrets, or privileged or confidential commercial or 
financial information, obtained from any person.
    (3) Information of a commercial nature, including trade secrets, 
whether or not obtained from a person outside the Postal Service, which 
under good business practice would not be publicly disclosed. 
Information is of a commercial nature if it relates to commerce, trade, 
profit, or the Postal Service's ability to conduct itself in a 
businesslike manner.
    (i) When assessing whether information is commercial in nature, the 
Postal Service will consider whether the information:
    (A) Relates to products or services subject to economic 
competition, including, but not limited to, ``competitive'' products or 
services as defined in 39 U.S.C. 3631, an inbound international 
service, or an outbound international service for which rates or 
service features are treated as nonpublic;
    (B) Relates to the Postal Service's activities that are analogous 
to a private business in the marketplace;
    (C) Would be of potential benefit to individuals or entities in 
economic competition with the Postal Service, its customers, suppliers, 
affiliates, or business partners or could be used to cause harm to a 
commercial interest of the Postal Service, its customers, suppliers, 
affiliates, or business partners;
    (D) Is proprietary or includes conditions or protections on 
distribution and disclosure, is subject to a nondisclosure agreement, 
or a third party has otherwise expressed an interest in protecting such 
information from disclosure;
    (E) Is the result of negotiations, agreements, contracts or 
business deals between the Postal Service and a business entity; or
    (F) Relates primarily to the Postal Service's governmental 
functions or its activities as a provider of basic public services.
    (ii) No one factor is determinative. Rather, each factor should be 
considered in conjunction with the other factors and the overall 
character of the particular information. Some examples of commercial 
information include, but are not limited to:
    (A) Information related to methods of handling valuable registered 
mail.
    (B) Records of money orders except as provided in section 509.3 of 
the Domestic Mail Manual.
    (C) Technical information concerning postage meters and prototypes 
submitted for Postal Service approval prior to leasing to mailers.
    (D) Quantitative data, whether historical or current, reflecting 
the number of postage meters or PC postage accounts.
    (E) Reports of market surveys conducted by or under contract on 
behalf of the Postal Service.
    (F) Records indicating carrier or delivery lines of travel.
    (G) Information which, if publicly disclosed, could materially 
increase procurement costs.
    (H) Information which, if publicly disclosed, could compromise 
testing or examination materials.
    (I) Service performance data on competitive services.
    (J) Facility specific volume, revenue, and cost information.
    (K) Country-specific international mail volume and revenue data.
    (L) Non-public international volume, revenue and cost data.
    (M) Pricing and negotiated terms in bilateral arrangements with 
foreign postal operators.
    (N) Information identifying USPS business customers.
    (O) Financial information in or the identities of parties to 
Negotiated Service Agreements or Package Incentive Agreements.
    (P) Negotiated terms in contracts.
    (Q) Negotiated terms in leases.
    (R) Geolocation data.
    (S) Proprietary algorithms or software created by the Postal 
Service.
    (T) Sales performance goals, standards, or requirements.
    (U) Technical information or specifications concerning mail 
processing equipment.
* * * * *
    (d) * * *
    (1) Change of address. The new address of any specific business or 
organization that has filed a permanent change of address order (by 
submitting PS Form 3575, a hand written order, or an electronically 
communicated order) will be furnished to any person upon request. If a 
domestic violence shelter has filed a letter on official letterhead 
from a domestic violence coalition stating:
    (i) That such domestic violence coalition meets the requirements of 
42 U.S.C. 10410; and
    (ii) That the organization filing the change of address is a 
domestic violence shelter, the new address shall not be released except 
pursuant to applicable routine uses. The new address of any individual 
or family that has filed a permanent or temporary change of address 
order will be furnished only in those circumstances stated at paragraph 
(d)(5) of this section. Disclosure will be limited to the address of 
the specifically identified individual about whom the information is 
requested (not other family members or individuals whose names may also 
appear on the change of address order). The Postal Service reserves the 
right not to disclose the address of an individual for the protection 
of the individual's personal safety. Other information on PS Form 3575 
or copies of the form will not be furnished except in those 
circumstances stated at paragraph (d)(5)(i), (d)(5)(iii), or (d)(5)(iv) 
of this section.
    (2) Name and address of permit holder. The name and address of the 
holder of a particular bulk mail permit, permit imprint or similar 
permit (but not including postage meter licenses), and the name of any 
person applying for a permit on behalf of a holder will be furnished to 
any person upon request. For the name and address of a postage

[[Page 48237]]

meter license holder, see paragraph (d)(3) of this section. (Lists of 
permit holders may not be disclosed to members of the public. See 
paragraph (e)(1) of this section.)
* * * * *

PART 266--PRIVACY OF INFORMATION

0
7. The authority citation for part 266 continues to read as follows:

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


0
8. Amend Sec.  266.3 by revising paragraphs (a) introductory text, 
(a)(3), (b)(1) introductory text, (b)(1)(i), (b)(1)(iii), (b)(2) 
introductory text, (b)(2)(iii), and (b)(2)(xi), and the paragraph 
(b)(5) heading to read as follows:


Sec.  266.3   Collection and disclosure of information about 
individuals.

    (a) This section governs the collection of information about 
individuals, as defined in the Privacy Act of 1974, throughout the 
United States Postal Service and across its operations;
* * * * *
    (3) The Postal Service will maintain no record describing how an 
individual exercises rights guaranteed by the First Amendment unless 
expressly authorized by statute or by the individual about whom the 
record is maintained or unless pertinent to and within the scope of an 
authorized law enforcement activity.
* * * * *
    (b) * * *
    (1) Limitations. The Postal Service will not disclose information 
about an individual unless reasonable efforts have been made to assure 
that the information is accurate, complete, timely and relevant to the 
extent provided by the Privacy Act and unless:
    (i) The individual to whom the record pertains has requested in 
writing, or with the prior written consent of the individual to whom 
the record pertains, that the information be disclosed, unless the 
individual would not be entitled to access to the record under the 
Postal Reorganization Act, the Privacy Act, or other law;
* * * * *
    (iii) The disclosure is in accordance with paragraph (b)(2) of this 
section.
    (2) Conditions of Disclosure. Disclosure of personal information 
maintained in a system of records may be made:
* * * * *
    (iii) For a routine use as contained in the system of records 
notices published in the Federal Register;
* * * * *
    (xi) Pursuant to the order of a court of competent jurisdiction. A 
court of competent jurisdiction is defined in Article III of the United 
States Constitution including, but not limited to any United States 
District Court, any United States or Federal Court of Appeals, the 
United States Court of Federal Claims, and the United States Supreme 
Court. For purposes of this section, state courts are not courts of 
competent jurisdiction.
* * * * *
    (5) Employment status. * * *
* * * * *

Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2018-20585 Filed 9-21-18; 8:45 am]
 BILLING CODE 7710-12-P