Procedures for Disclosure of Records Under the Freedom of Information Act, 56385 [2019-22971]
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Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations
For the reasons stated in the
preamble, the Postal Service amends 39
CFR chapter I as follows:
POSTAL SERVICE
39 CFR Part 265
Procedures for Disclosure of Records
Under the Freedom of Information Act
PART 265—[AMENDED]
1. The authority citation for part 265
continues to read as follows:
■
AGENCY:
ACTION:
Postal ServiceTM.
Final rule.
In August 2019, the Postal
Service proposed to amend its Freedom
of Information Act (‘‘FOIA’’) regulations
regarding fee waivers. These changes
would improve clarity and more closely
align the regulations with both the
relevant guidance from the Department
of Justice’s Office of Information Policy
and the relevant statute. The Postal
Service did not receive any comments.
SUMMARY:
This rule is effective as of
November 21, 2019.
DATES:
FOR FURTHER INFORMATION CONTACT:
Joshua J. Hofer, Attorney, Federal
Compliance, joshua.hofer@usps.gov,
202–268–6704.
In August
2019, the Postal Service proposed to
amend 39 CFR part 265 (84 FR 44565).
The purpose of the changes is to
improve clarity and to more closely
align the regulations with both the
relevant guidance from the Department
of Justice’s Office of Information Policy
and the relevant statute, 5 U.S.C.
552(a)(4)(A)(iii). The portion of the
regulations being amended concerns fee
waivers. Generally speaking, fees for a
FOIA request will be waived ‘‘if
disclosure of the information is in the
public interest because it is likely to
contribute significantly to public
understanding of the operations or
activities of the government and is not
primarily in the commercial interest of
the requester.’’ 5 U.S.C. 552(a)(4)(A)(iii).
The guidance from the Department of
Justice elucidates a six-factor test from
this rule—two of which of which relate
to the commercial interest of the
requester. The amendment to 39 CFR
265.9(j)(3)(i) clarifies that the first
commercial interest factor is to
determine whether a commercial
interest exists. The amendment to 39
CFR 265.9(j)(3)(ii) incorporates the
balancing test from the statute as the
second part of the commercial interest
factor, along with adding a presumption
concerning news media requesters. No
comments were received in response to
the proposed changes.
SUPPLEMENTARY INFORMATION:
List of Subjects in 39 CFR Part 265
Administrative practice and
procedure, Courts, Freedom of
information, Government employees.
VerDate Sep<11>2014
15:56 Oct 21, 2019
Jkt 250001
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. Amend § 265.9 by revising
paragraphs (j)(3)(i) and (ii) to read as
follows:
■
§ 265.9
Fees.
*
*
*
*
*
(j) * * *
(3) * * *
(i) Whether there is a commercial
interest, as defined in paragraph (b)(1)
of this section, that would be furthered
by the requested disclosure. If so, then
the requester will be given an
opportunity to provide explanatory
information regarding this
consideration.
(ii) Whether any identified
commercial interest of the requester in
disclosure outweighs the public interest,
as defined in paragraph (j)(1)(i) of this
section, in disclosure. If so, then the
disclosure is primarily in the
commercial interest of the requester.
The component ordinarily shall
presume that if a news media requester
has satisfied the public interest
standard, the public interest is the
primary interest served by the requested
disclosure. Disclosure to data brokers or
others who merely compile and market
government information for direct
economic return shall not be presumed
to primarily serve the public interest.
*
*
*
*
*
Joshua Hofer,
Attorney, Federal Compliance.
[FR Doc. 2019–22971 Filed 10–21–19; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0044; EPA–R05–
OAR–2015–0699; FRL–10001–26–Region 5]
Approval of Air Quality Implementation
Plans; Ohio and West Virginia;
Attainment Plans for the Steubenville,
Ohio-West Virginia 2010 Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
56385
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), two State
Implementation Plan (SIP) revision
submittals, submitted by Ohio and West
Virginia, respectively. The Ohio and
West Virginia submittals include each
State’s attainment demonstration for the
Steubenville Ohio-West Virginia sulfur
dioxide (SO2) nonattainment area
(hereinafter ‘‘Steubenville Area’’ or
‘‘Area’’). Each SIP contains an
attainment demonstration, enforceable
emission limits, control measures and
other elements required under the CAA
to address the nonattainment area
requirements for the Steubenville Area.
EPA concludes that the Ohio and West
Virginia attainment plan submittals
demonstrate that the provisions in the
respective SIPs provide for attainment
of the 2010 primary SO2 national
ambient air quality standard (NAAQS)
in the entire Steubenville Area and meet
the requirements of the CAA. EPA is
also approving into the West Virginia
SIP new emissions limits, operational
restrictions, and associated compliance
requirements for Mountain State
Carbon, and approving into the Ohio
SIP the limits on emissions from Mingo
Junction Energy Center, JSW Steel, and
the Cardinal Power Plant.
DATES: This final rule is effective on
November 21, 2019.
ADDRESSES: EPA has established dockets
for this action under Docket ID Nos.
EPA–R03–OAR–2019–0044 and EPA–
R05–OAR–2015–0699. All documents in
the docket are listed on the
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through
www.regulations.gov, or please contact
the applicable Region III or Region V
person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers at EPA Region III,
Planning & Implementation Branch
(3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103, (215)
814–2308, powers.marilyn@epa.gov.
John Summerhays at EPA Region V,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Rules and Regulations]
[Page 56385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22971]
[[Page 56385]]
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 265
Procedures for Disclosure of Records Under the Freedom of
Information Act
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In August 2019, the Postal Service proposed to amend its
Freedom of Information Act (``FOIA'') regulations regarding fee
waivers. These changes would improve clarity and more closely align the
regulations with both the relevant guidance from the Department of
Justice's Office of Information Policy and the relevant statute. The
Postal Service did not receive any comments.
DATES: This rule is effective as of November 21, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua J. Hofer, Attorney, Federal
Compliance, [email protected], 202-268-6704.
SUPPLEMENTARY INFORMATION: In August 2019, the Postal Service proposed
to amend 39 CFR part 265 (84 FR 44565). The purpose of the changes is
to improve clarity and to more closely align the regulations with both
the relevant guidance from the Department of Justice's Office of
Information Policy and the relevant statute, 5 U.S.C.
552(a)(4)(A)(iii). The portion of the regulations being amended
concerns fee waivers. Generally speaking, fees for a FOIA request will
be waived ``if disclosure of the information is in the public interest
because it is likely to contribute significantly to public
understanding of the operations or activities of the government and is
not primarily in the commercial interest of the requester.'' 5 U.S.C.
552(a)(4)(A)(iii). The guidance from the Department of Justice
elucidates a six-factor test from this rule--two of which of which
relate to the commercial interest of the requester. The amendment to 39
CFR 265.9(j)(3)(i) clarifies that the first commercial interest factor
is to determine whether a commercial interest exists. The amendment to
39 CFR 265.9(j)(3)(ii) incorporates the balancing test from the statute
as the second part of the commercial interest factor, along with adding
a presumption concerning news media requesters. No comments were
received in response to the proposed changes.
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]
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. 265.9 by revising paragraphs (j)(3)(i) and (ii) to read
as follows:
Sec. 265.9 Fees.
* * * * *
(j) * * *
(3) * * *
(i) Whether there is a commercial interest, as defined in paragraph
(b)(1) of this section, that would be furthered by the requested
disclosure. If so, then the requester will be given an opportunity to
provide explanatory information regarding this consideration.
(ii) Whether any identified commercial interest of the requester in
disclosure outweighs the public interest, as defined in paragraph
(j)(1)(i) of this section, in disclosure. If so, then the disclosure is
primarily in the commercial interest of the requester. The component
ordinarily shall presume that if a news media requester has satisfied
the public interest standard, the public interest is the primary
interest served by the requested disclosure. Disclosure to data brokers
or others who merely compile and market government information for
direct economic return shall not be presumed to primarily serve the
public interest.
* * * * *
Joshua Hofer,
Attorney, Federal Compliance.
[FR Doc. 2019-22971 Filed 10-21-19; 8:45 am]
BILLING CODE 7710-12-P
