Freedom of Information Act, 31670-31677 [2024-08715]

Agencies

• POSTAL REGULATORY COMMISSION

[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Proposed Rules]
[Pages 31670-31677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08715]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3006

[Docket No. RM2024-5; Order No. 7052]
RIN 3211-AA38


Freedom of Information Act

AGENCY: Postal Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Notice of Proposed Rulemaking seeks comment on a proposal 
to amend the Commission's Freedom of Information Act (FOIA) 
regulations. The proposal is designed to improve readability by 
reorganizing and rephrasing existing content in a more accessible 
manner. Additionally, the proposal would better align the Commission's 
existing FOIA regulations with the practices of other agencies subject 
to the FOIA, as necessarily adapted to the Commission's size and area 
of regulatory oversight. Finally, the proposal includes amendments to 
clarify and amplify the information given to the public and improve the 
efficiency of the Commission's FOIA administration. This document 
informs the public of the filing, invites public comment, and takes 
other administrative steps.

DATES: Comments are due: May 23, 2024.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives. The Rule Summary can be found on the Commission's Rule 
Summary Page at https://www.prc.gov/rule-summary-page.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

I. Background
II. Basis of Proposed Rules
III. Proposed Rules

I. Background

    The Commission is an independent Federal agency that regulates the 
United States Postal Service (``Postal Service''). The Commission's 
mission is to ensure transparency and accountability of the Postal 
Service and to foster a vital and efficient universal mail system. The 
Commission is subject to the FOIA. The Commission is also a micro 
agency with fewer than 100 employees. Year to year, the bulk of the 
FOIA requests received by the Commission are intended for the Postal 
Service and the requester is therefore directed to the Postal Service, 
as a best practice. The Commission's existing FOIA regulations appear 
in existing 39 CFR part 3006.

II. Basis of the Proposed Rules

    Based on experience with the existing FOIA regulations, the 
Commission proposes amendments that would improve readability, align 
the Commission's existing FOIA regulations with the practices of other 
agencies subject to the FOIA (with appropriate adaptions for the 
Commission's size and area of regulatory oversight), improve the 
efficiency of the Commission's FOIA administration, and clarify and 
amplify the information provided to the public.
    To improve readability, the Commission proposes to organize the 
material currently appearing in existing 39 CFR part 3006, by grouping 
related material (individual sections of the existing regulations) 
under three new subparts. The proposed order of the subparts seeks to 
provide the public with information in a more easily accessible manner. 
Sections and subparts are organized to provide the most general 
material first, which likely will be of interest to the widest 
audience.
    The Commission also proposes amendments that would better align 
content with the practices of other agencies subject to the FOIA (as 
necessarily adapted to the Commission's size and area of regulatory 
oversight), improve the efficiency of the Commission's FOIA 
administration, and amplify the usefulness of the information provided 
to the public.

[[Page 31671]]

Accordingly, much of the proposed content is modeled upon the sample 
language appearing in the U.S. Department of Justice, Office of 
Information Policy's Template for Agency FOIA Regulations.

III. Proposed Rules

List of Subjects in 39 CFR Part 3006

    Administrative practice and procedure, Freedom of information, 
Reporting and recordkeeping requirements, Sunshine Act.

    For the reasons stated in the preamble, the Commission proposes to 
amend 39 CFR part 3006 as follows:

PART 3006--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 3006 continues to read as follows:

    Authority:  5 U.S.C. 552; 39 U.S.C. 407, 503, 504.

0
2. Revise part 3006 to read as follows:

PART 3006--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT

Subpart A--General Provisions
Sec.
3006.100 Applicability and scope.
3006.101 Commission policy.
3006.102 Proactive disclosures.
3006.103 Reading room.
3006.104 Chief Freedom of Information Act Officer.
3006.105 Freedom of Information Act Public Liaison.
3006.106 Commission procedure when served a subpoena.
Subpart B--Procedures for Freedom of Information Act Requests
Sec.
3006.200 Procedures for submitting requests.
3006.201 Timing of responses to requests.
3006.202 Responses to requests.
3006.203 Appeals.
3006.204 Relationship among the Freedom of Information Act, the 
Privacy Act, and the Commission's procedures for according 
appropriate confidentiality.
3006.205 Consultations, referrals, and coordinations.
3006.206 Submission of non-public materials by a person other than 
the Postal Service.
Subpart C--Fees for Freedom of Information Act Requests
Sec.
3006.300 Definitions applicable to this subpart.
3006.301 Request category.
3006.302 General provisions.
3006.303 Fee schedule.
3006.304 Procedure for assessing and collecting fees.

Subpart A--General Provisions


Sec.  3006.100   Applicability and scope.

    (a) The rules in this part apply to requests for records under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552. 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).
    (b) Requests made by individuals for records about themselves under 
the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance 
with the Commission's Privacy Act regulations appearing in part 3005 of 
this chapter and Sec.  3006.204.


Sec.  3006.101   Commission policy.

    (a) The Commission shall be proactive and timely in identifying and 
posting public records and other frequently requested records to its 
website.
    (b) It is the stated policy of the Commission that FOIA requests 
shall be administered with a clear presumption of openness. The 
Commission will only withhold information if it reasonably foresees 
that disclosure would harm an interest protected by a FOIA exemption, 
such as information specifically exempted from disclosure by statute 
(for example 39 U.S.C. 410(c)), or disclosure is otherwise prohibited 
by law.
    (c) This Commission policy does not create any right enforceable in 
court.


Sec.  3006.102   Proactive disclosures.

    (a) Except as provided in Sec.  3006.101(b) and in part 3011 of 
this chapter, Commission records, required by the FOIA to be made 
available, will be made available on the Commission's website, https://www.prc.gov.
    (b) Descriptions of the Commission's organization, its methods of 
operation, statements of policy and interpretations, and procedural and 
substantive rules, are published in the Federal Register publication 
system, and are available on the Commission's website, https://www.prc.gov.


Sec.  3006.103  Reading room.

    (a) The Commission maintains an electronic reading room at https://www.prc.gov.
    (b) The records available for public inspection include, for 
example, decisions; reports; opinions; orders; notices; findings; 
determinations; statements of policy; copies of selected records 
released under FOIA; indexes required to be maintained under FOIA; and 
records relating to any matter or proceeding before the Commission.
    (c) The Commission shall make available, in an electronic form, 
records previously released under FOIA and which the Commission 
determines are or are likely to become of significant public interest.
    (d) Commission records that have been requested three or more times 
will be made available on the Commission's website, https://www.prc.gov.


Sec.  3006.104   Chief Freedom of Information Act Officer.

    The Commission designates the General Counsel of the Commission as 
the Chief FOIA Officer. The Chief FOIA Officer shall be responsible for 
the administration of and reporting on the Commission's Freedom of 
Information Act program. The Chief FOIA Officer (and any individual(s) 
designated by the Chief FOIA Officer to communicate with FOIA 
requesters) may be contacted via email at prc.gov">FOIA@prc.gov or telephone at 
202-789-6800.


Sec.  3006.105   Freedom of Information Act Public Liaison.

    The Commission designates the Director of the Office of Public 
Affairs and Government Relations or the individual's designee as the 
FOIA Public Liaison who shall assist in the resolution of any dispute 
between a requester and the Commission. The FOIA Public Liaison may be 
contacted via email at prc.gov">PRC-PAGR@prc.gov or telephone at 202-789-6800.


Sec.  3006.106   Commission procedure when served a subpoena.

    If an officer or employee of the Commission is served with a 
subpoena duces tecum, material that is not part of the public files and 
records of the Commission shall be produced only as authorized by the 
General Counsel. Service of such a subpoena shall immediately be 
reported to the General Counsel with a statement of all relevant facts. 
The General Counsel will thereupon enter such order or give such 
instructions as it deems advisable.

Subpart B--Procedures for Freedom of Information Act Requests


Sec.  3006.200   Procedures for submitting requests.

    (a) Electronic submission requirements. A request will receive the 
quickest possible response if it is submitted electronically. An 
electronic request may be submitted via the Commission's online FOIA 
request form that is accessible through the Commission's website 
(https://www.prc.gov), emailing prc.gov">FOIA@prc.gov, or the web portal at 
https://

[[Page 31672]]

www.foia.gov/. Each electronic request must:
    (1) Reasonably describe the records sought,
    (2) Identify the request category under Sec.  3006.301, and
    (3) Include the requester's name, daytime telephone number, and a 
valid email or mailing address to receive records and written 
communications from the Commission regarding the request.
    (b) Hard copy submission requirements. A requester may also submit 
a request for records via hard copy. Each hard copy request must:
    (1) Be in writing,
    (2) Be clearly identified as ``Freedom of Information Act Request'' 
both in the text of the request and on the envelope,
    (3) Be submitted to the Commission's office (901 New York Avenue 
NW, Suite 200, Washington, DC 20268-0001),
    (4) Reasonably describe the records sought, and
    (5) Include the requester's name, daytime telephone number, and a 
valid email or mailing address to receive records and written 
communications from the Commission regarding the request.
    (c) Content of request. Each request must describe the records 
sought in sufficient detail to enable Commission personnel to locate 
them with a reasonable amount of effort. Whenever possible, the request 
should include specific information about each record sought that might 
assist the Commission in responding to the request, such as the type of 
record (e.g., contract, report, memorandum, etc.); the title or docket 
number of a specific document or report; the topic or subject matter; 
the name of the office and/or employees most likely to possess the 
record; the date or general timeframe of the record's creation; and any 
details related to the purpose of the record. Requests for email 
records should specify the likely senders and recipients, keywords, and 
a range of dates. Before submitting requests, a requester may contact 
the Chief FOIA Officer (or the individual's designee) or the FOIA 
Public Liaison to discuss the records sought and to receive assistance 
in describing the records. The request may also specify the requester's 
preferred method of communication (telephone, email, or mailing 
address) and the preferred form or format (including electronic 
formats) of the requested records.
    (d) Improper requests. A request that does not reasonably describe 
the records sought or does not comply with the published rules 
regarding the procedures to be followed for submitting a request will 
be deemed to be an improper FOIA request. If the Commission does not 
receive the additional information needed that reasonably describes the 
records to enable their location by the Commission with a reasonable 
amount of effort, then the Commission will administratively close the 
file.
    (1) If after receiving a request, the Commission determines that it 
is improper, the Chief FOIA Officer or the individual's designee will 
provide one written notification to the requester using the contact 
information included in the request. The notification will inform the 
requester of all the following:
    (i) The reason(s) why the request is improper;
    (ii) The additional information needed from the requester that 
would reasonably describe the records to enable their location by the 
Commission with a reasonable amount of effort;
    (iii) The Commission will not be able to comply with the request 
unless the Commission receives such additional information in writing 
within the specified timeframe and if the Commission does not receive a 
written response containing the additional information needed within 
the specified timeframe, then it will presume that the requester is no 
longer interested in the records and will administratively close the 
file on the request;
    (iv) The preferred method for the requester to provide the 
additional information is by emailing prc.gov">FOIA@prc.gov;
    (v) The requester may also provide the additional information by 
mailing or by hand delivery during regular business hours (which are 
from 8 a.m. to 4:30 p.m. Eastern Time, except for Saturdays, Sundays, 
and Federal holidays) to the Office of Secretary and Administration, 
Postal Regulatory Commission, 901 New York Avenue NW, Suite 200, 
Washington, DC 20268-0001); and
    (vi) The contact information for the Chief FOIA Officer (or the 
individual's designee) and the FOIA Public Liaison, each of whom is 
available to assist the requester in reasonably describing the records 
sought.
    (2) If the requester provides the additional information needed 
that reasonably describes the records to enable their location by the 
Commission with a reasonable amount of effort by the timeframe 
specified in the notification, then the Commission will confirm receipt 
of the information and process the request.
    (3) After administrative closure, if the Commission receives the 
additional information needed that reasonably describes the records to 
enable their location by the Commission with a reasonable amount of 
effort, then the Commission will notify the requester that the request 
will be processed as a new request.
    (e) Expedited processing. At any time, a requester that has 
satisfied all applicable requirements of paragraphs (a) through (c) of 
this section may seek expedited processing of a request or an 
administrative appeal. To seek expedited processing, the requester 
must:
    (1) Include ``Expedited Freedom of Information Act Request'' or 
``Expedited Freedom of Information Act Appeal'' in the body of the 
submission;
    (2) For any hard copy submission, include ``Expedited Freedom of 
Information Act Request'' or ``Expedited Freedom of Information Act 
Appeal'' on the envelope;
    (3) Demonstrate a compelling need as defined in 5 U.S.C. 
552(a)(6)(E)(v); and
    (4) Certify the statement of compelling need to be true and correct 
to the best of the requester's knowledge and belief. The Commission has 
discretion to waive the certification requirement.


Sec.  3006.201   Timing of responses to requests.

    (a) In general. Requests will ordinarily be responded to according 
to their order of receipt.
    (b) Multitrack processing. (1) Unless expedited processing has been 
granted, the Commission places each request in simple or complex tracks 
based on the amount of work and time involved in processing the 
request. Factors considered in assigning a request into the complex 
track may include one or more of the following:
    (i) The request involves voluminous documents;
    (ii) The complexity of the material;
    (iii) The request involves record searches at multiple facilities 
or locations;
    (iv) The request requires consultation among the Commission or 
other agencies; or
    (v) The number of open requests submitted by the same requester.
    (2) Within each track, the Commission processes requests in the 
order in which they are received. When appropriate, the Chief FOIA 
Officer or the individual's designee will notify the requester of 
placing a request in the ``Complex'' track and provide the requester 
with an opportunity to limit the scope of the request. If the requester 
limits the scope of the request, it may result in faster processing.
    (c) Expedited processing. (1) Requests and appeals shall be 
processed on an expedited basis whenever it is determined that they 
involve the following:

[[Page 31673]]

    (i) Circumstances in which the lack of expedited processing could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (ii) An urgency to inform the public about an actual or alleged 
Federal Government activity, if made by a person who is primarily 
engaged in disseminating information.
    (2) Within 10 calendar days of the receipt of a request for 
expedited processing, the Chief FOIA Officer or the individual's 
designee will notify the requester of the decision whether to grant or 
deny expedited processing. If expedited processing is granted, the 
request shall be given priority, placed in the processing track for 
expedited requests, and shall be processed as soon as practicable. If a 
request for expedited processing is denied, the Chief FOIA Officer or 
the individual's designee will inform the requester of the denial in 
writing, the right to appeal the denial to the Commission in writing, 
and the procedures for appealing the denial. Any request for records 
that has been denied expedited processing will be processed in the same 
manner as a request that did not seek expedited processing.
    (3) Where a compelling need is not shown in an expedited request as 
specified in Sec.  3006.200(e), the Commission may grant the request 
for expedited processing at its discretion.
    (d) Unusual circumstances. Whenever the statutory time limit for 
processing a request cannot be met because of ``unusual 
circumstances'', as defined in 5 U.S.C. 552(a)(6)(B)(iii), and the 
Commission extends the time limit on that basis, the Commission shall, 
before the expiration of the 20 business day period to respond, notify 
the requester in writing of the unusual circumstances involved and of 
the date by which processing of the request can be expected to be 
completed. If an extension will exceed 10 business days, the Commission 
will:
    (1) Provide the requester with an opportunity to modify the request 
or arrange an alternative timeframe for processing; and
    (2) Make its FOIA Public Liaison available to the requester and 
apprise the requester of their right to seek dispute resolution 
services from the Office of Government Information Services.
    (e) Aggregating requests. For the purposes of satisfying unusual 
circumstances under the FOIA, the Commission may aggregate requests in 
cases where it reasonably appears that multiple requests, submitted 
either by a single requester or by a group of requesters acting in 
concert, constitute a single request that would otherwise involve 
unusual circumstances. Multiple requests that involve unrelated matters 
shall not be aggregated.


Sec.  3006.202   Responses to requests.

    (a) In general. To the extent practicable and unless the request 
indicates a different preferred method of communication, the Commission 
will communicate with the requester electronically (such as via email). 
In determining which records are responsive to a request, the 
Commission will include only records in its possession and control on 
the date that it begins its search. If any other date is used, the 
Commission shall inform the requester of that date. A record that is 
excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c) 
is not considered responsive to the request.
    (b) Acknowledgments of requests. The Commission shall acknowledge 
the request and assign it an individualized tracking number if it will 
take longer than 10 days (excluding Saturdays, Sundays, and legal 
holidays) to process. The acknowledgment must include a brief 
description of the records sought to allow requesters to keep track of 
their requests more easily.
    (c) Grants of requests. Once the Commission makes a determination 
to grant a request in full or in part, the Chief FOIA Officer or the 
individual's designee shall notify the requester in writing. The 
Commission also shall inform the requester of any fees charged and 
shall disclose the requested records to the requester promptly upon 
payment of any applicable fees. The Commission must inform the 
requester of the availability of the FOIA Public Liaison to offer 
assistance.
    (d) Adverse determinations of requests. If the Commission makes an 
adverse determination denying a request in any respect, then the Chief 
FOIA Officer or the individual's designee shall notify the requester of 
that determination in writing. Adverse determinations, or denials of 
requests, include decisions that: the requested record is exempt, in 
whole or in part; the request does not reasonably describe the records 
sought; the information requested is not a record subject to the FOIA; 
the requested record does not exist, cannot be located, or has been 
destroyed; or the requested record is not readily reproducible in the 
form or format sought by the requester. Adverse determinations also 
include denials involving fees or fee waiver matters or denials of 
requests for expedited processing.
    (e) Content of denials. The denial shall be signed by the Chief 
FOIA Officer or the individual's designee and shall include:
    (1) The name and title or position of the person responsible for 
the denial;
    (2) A brief statement of the reasons for the denial, including any 
FOIA exemption applied by the Commission in denying the request;
    (3) An estimate of the volume of any records or information 
withheld, such as the number of pages or some other reasonable form of 
estimation, although such an estimate is not required if the volume is 
otherwise indicated by deletions marked on records that are disclosed 
in part or if providing an estimate would harm an interest protected by 
an applicable exemption;
    (4) A statement that the denial may be appealed under Sec.  
3006.203, and a description of the requirements; and
    (5) A statement notifying the requester of the assistance available 
from the Commission's FOIA Public Liaison and the dispute resolution 
services offered by the Office of Government Information Services.
    (f) Markings on released documents. Markings on released documents 
must be clearly visible to the requester. Records disclosed in part 
shall be marked to show the amount of information deleted and the 
exemption under which the deletion was made unless doing so would harm 
an interest protected by an applicable exemption. The location of the 
information deleted shall also be indicated on the record, if 
technically feasible.
    (g) Use of record exclusions. (1) If the Commission identifies 
records that may be subject to exclusion from the requirements of the 
FOIA pursuant to 5 U.S.C. 552(c), the Commission must confer with the 
Department of Justice, Office of Information Policy (OIP), to obtain 
approval to apply the exclusion.
    (2) Upon invoking an exclusion, the Commission must maintain an 
administrative record of the process of invocation and approval of 
exclusion by OIP.


Sec.  3006.203   Appeals.

    (a) Discretionary review. The Commission (on its own initiative) 
may review any decision of the Chief FOIA Officer or the individual's 
designee within 90 calendar days.
    (b) Requirements for making an appeal. A requester may appeal an 
adverse decision on their FOIA request rendered by the Commission by 
submitting a hard copy to the Commission's office (901 New York Avenue 
NW, Suite 200, Washington, DC

[[Page 31674]]


20268-0001) or by emailing prc.gov">FOIA@prc.gov. The requester must make the 
appeal in writing and to be considered timely it must be postmarked, or 
in the case of electronic submissions, transmitted, within 90 calendar 
days after the date of the Commission's response. To facilitate 
handling, the requester must mark both the appeal letter and envelope 
or the subject line of the electronic transmission ``Freedom of 
Information Act Appeal.'' The appeal must include, as applicable:
    (1) A copy of the request, of any notification of denial or other 
action, and of any other related correspondence;
    (2) The FOIA tracking number assigned to the request;
    (3) A description of the action (or failure to act) which is being 
challenged;
    (4) If challenging specific redactions made to responsive records, 
a statement identifying the specific redactions being challenged;
    (5) A statement of the relief sought; and
    (6) A statement of the reasons why the requester believes the 
action or failure to act is erroneous.
    (c) Adjudication of appeals. (1) The decision of the Commission 
constitutes the final decision on the issue being appealed. The 
Commission will give prompt consideration to an appeal for expedited 
processing of a request. All other decisions normally will be made 
within 20 days (excluding Saturdays, Sundays, and legal holidays) from 
the time of the receipt by the Commission. The 20-business day response 
period may be extended by the Commission for a period not to exceed an 
additional 10 business days when reasonably necessary to permit the 
proper consideration of an appeal, under one or more of the ``unusual 
circumstances'', as defined in 5 U.S.C. 552(a)(6)(B)(iii). The 
aggregate number of additional business days used, however, may not 
exceed 10 business days.
    (2) An appeal ordinarily will not be adjudicated if the request 
becomes a matter of FOIA litigation.
    (3) On receipt of any appeal involving classified information, the 
Commission must take appropriate action to ensure compliance with 
applicable classification rules.
    (d) Decisions on appeals. A decision on an appeal must be made in 
writing. A decision that upholds the adverse determination in whole or 
in part will contain a statement that identifies the reasons for the 
affirmance, including any FOIA exemptions applied. The decision will 
provide the requester with notification of the statutory right to file 
a lawsuit and will inform the requester of the mediation services 
offered by the Office of Government Information Services of the 
National Archives and Records Administration as a non-exclusive 
alternative to litigation. If the adverse determination is remanded or 
modified on appeal, the requester will be notified in writing and the 
Chief FOIA Officer or the individual's designee will further process 
the request in accordance with that appellate decision and respond 
directly to the requester. If not prohibited by or under law, the 
Commission may direct the disclosure of a record even though its 
disclosure is not required by law or regulation.
    (e) Engaging in dispute resolution services provided by OGIS. 
Dispute resolution is a voluntary process. If the Commission agrees to 
participate in the dispute resolution services provided by OGIS, it 
will actively engage as a partner to the process in an attempt to 
resolve the dispute.
    (f) When an appeal is required. Before seeking judicial review of 
an adverse determination rendered by the Commission on a FOIA request, 
a requester generally must first submit a timely administrative appeal.


Sec.  3006.204   Relationship among the Freedom of Information Act, the 
Privacy Act, and the Commission's procedures for according appropriate 
confidentiality.

    (a) Coverage. FOIA applies to all Commission records and provides 
the public with access to government records.
    (b) Requesting records subject to the Privacy Act. A request by an 
individual for the individual's own records contained in a system of 
records is governed by the Privacy Act. Release will first be 
considered under the Privacy Act pursuant to part 3005 of this chapter. 
However, if there is any record that the Commission need not release 
under the Privacy Act, the Commission will also consider the request 
under FOIA, and will release the record if FOIA requires it.
    (c) Requesting another individual's record. Request for records of 
individuals which may not be granted under the Privacy Act shall be 
considered under FOIA.
    (1) If the Commission makes a disclosure in response to a request 
and the disclosure is permitted by the Privacy Act's disclosure 
provision, 5 U.S.C. 552a(b), the Commission will rely on the Privacy 
Act to govern the disclosure.
    (2) In some circumstances, the Privacy Act may prohibit the 
Commission's ability to release records which may be released under 
FOIA.
    (d) Requesting a Postal Service record. The Commission maintains 
custody of records that are both Commission and Postal Service records. 
Except when the Postal Service submits materials to the Commission in 
connection with activities under 39 U.S.C. 407(b)(2)(A), in all other 
instances that the Postal Service submits materials to the Commission 
that the Postal Service reasonably believes to be exempt from public 
disclosure, the Postal Service shall follow the procedures described in 
part 3011, subpart B of this chapter.
    (1) A request made pursuant to FOIA for Postal Service records 
shall be referred to the Postal Service; and
    (2) A request made pursuant to part 3011 of this chapter for 
records designated as non-public by the Postal Service shall be 
considered under the applicable standards set forth in that part.
    (e) Requesting a record submitted by a person other than the Postal 
Service. The Commission maintains records of a confidential nature 
submitted by persons other than the Postal Service as non-public 
materials.
    (1) A request made pursuant to FOIA for records submitted by a 
person other than the Postal Service shall adhere to the applicable 
procedures of Sec.  3006.205. If such a FOIA request is not referred to 
a different Federal agency pursuant to Sec.  3006.205(b), the 
Commission shall consider it in light of all applicable exemptions and 
in accordance with the following procedures:
    (i) If such materials are designated as non-public, the Commission 
shall follow the procedures appearing in Sec.  3006.206(b) through (d) 
in determining the FOIA request; or
    (ii) In all other instances, the Commission shall determine the 
FOIA request after notifying the person of the FOIA request and 
providing the person with an opportunity to respond within 7 days of 
the date of the notice under the following circumstances:
    (A) The records sought contain confidential commercial information 
that may be protected from disclosure under 5 U.S.C. 552(b)(4); and
    (B) The Commission determines that it may be required to disclose 
the records, provided that at least one of the following applies:
    (1) The requested information has been designated in good faith by 
the submitter as information considered protected from disclosure under 
5 U.S.C. 552(b)(4); or
    (2) The Commission has a reason to believe that the requested 
information may be protected from disclosure under

[[Page 31675]]

5 U.S.C. 552(b)(4), but has not yet determined whether the information 
is protected from disclosure.
    (2) A request made pursuant to part 3011 of this chapter for 
records designated as non-public by a person other than the Postal 
Service shall be considered under the applicable standards set forth in 
that part.


Sec.  3006.205   Consultations, referrals, and coordinations.

    (a) Consultations. If records originated with the Commission but 
contain within them information of significance to another Federal 
agency or office, the Commission will typically consult with that other 
entity prior to making a release determination.
    (b) Referrals. In addition to referring all requests made pursuant 
to FOIA for Postal Service records to the Postal Service as specified 
by Sec.  3006.204(d)(1), if the Commission believes that a different 
Federal agency is best able to determine whether to disclose the 
record, the Commission will typically refer responsibility for 
responding to the request regarding that record to that agency. 
Ordinarily, the agency that originated the record is presumed to be the 
best agency to make the disclosure determination. Whenever the 
Commission refers any part of the responsibility for responding to a 
request to another agency, the Commission will notify the requester of 
the referral, including the name of the agency and that agency's FOIA 
contact information.
    (c) Coordinations. The standard referral procedure is not 
appropriate where disclosure of the identity of the Federal agency to 
which the referral would be made could harm an interest protected by an 
applicable exemption, such as the exemptions that protect personal 
privacy or national security interests. For example, if a non-law 
enforcement agency responding to a request for records on a living 
third party locates within its files records originating with a law 
enforcement agency, and if the existence of that law enforcement 
interest in the third party was not publicly known, then to disclose 
that law enforcement interest could cause an unwarranted invasion of 
the personal privacy of the third party. Similarly, if the Commission 
locates within its files material originating with an Intelligence 
Community agency, and the involvement of that agency in the matter is 
classified and not publicly acknowledged, then to disclose or give 
attribution to the involvement of that Intelligence Community agency 
could cause national security harms. In such instances, in order to 
avoid harm to an interest protected by an applicable exemption, the 
Commission will coordinate with the originating agency to seek its 
views on disclosure of the record. The Commission then will notify the 
requester of the release determination for the record that is the 
subject of the coordination.
    (d) Classified information. On receipt of any request involving 
classified information, the Commission will determine whether the 
information is currently and properly classified in accordance with 
applicable classification rules. Whenever a request involves a record 
containing information that has been classified or may be appropriate 
for classification by another agency under any applicable executive 
order concerning the classification of records, the Commission must 
refer the responsibility for responding to the request regarding that 
information to the agency that classified the information, or that 
should consider the information for classification. Whenever an 
agency's record contains information that has been derivatively 
classified (for example, when it contains information classified by 
another agency), the Commission must refer the responsibility for 
responding to that portion of the request to the agency that classified 
the underlying information.
    (e) Timing of responses to consultations and referrals. All 
consultations and referrals received by the Commission will be handled 
according to the date that the first agency received the perfected FOIA 
request.
    (f) Agreements regarding consultations and referrals. The 
Commission may establish agreements with other agencies to eliminate 
the need for consultations or referrals with respect to particular 
types of records.


Sec.  3006.206  Submission of non-public materials by a person other 
than the Postal Service.

    (a) Overlap with treatment of non-public materials. Any person who 
submits materials to the Commission (submitter) that the submitter 
reasonably believes to be exempt from public disclosure shall follow 
the procedures described in part 3011, subpart B of this chapter, 
except when the submitter submits materials to the Commission in 
connection with activities under 39 U.S.C. 407(b)(2)(A).
    (b) Notice of request. Except as provided in Sec.  3006.204(d), if 
a FOIA request seeks materials designated as non-public materials, the 
Commission will provide the submitter with notice of the request. The 
Commission may also provide notice when it has reason to believe that 
materials submitted by a person other than the Postal Service are 
possibly exempt from disclosure and may fall within the scope of any 
FOIA request.
    (c) Objections to disclosure. A submitter may file written 
objections to the request specifying all grounds for withholding the 
information under FOIA within 7 days of the date of the notice. If the 
submitter fails to respond to the notice, the submitter will be 
considered to have no objection, beyond those objections articulated in 
its application for non-public treatment pursuant to Sec.  3011.201 of 
this chapter, to the disclosure of the information.
    (d) Notice of decision. If, after considering the submitter's 
objections to disclosure the Commission decides to disclose the 
information, it will give the submitter written notice of the decision 
and a brief explanation of the reasons for not sustaining the 
submitter's objections. The actual disclosure will not be made before 3 
days after publication of the Commission's decision.

Subpart C--Fees for Freedom of Information Act Requests


Sec.  3006.300   Definitions applicable to this subpart.

    Commercial use means a request from or on behalf of a person 
seeking information for a use or purpose that furthers the commercial, 
trade, or profit interests of the requester or person on whose behalf 
the request is made. In determining the applicability of this term, the 
use to which a requester will put the document is considered first; 
where reasonable doubt exists as to the use, the Commission may seek 
clarification before assigning the request to a category.
    Direct costs means the expenditures the Commission incurs in 
searching for, duplicating, and, where applicable, reviewing documents 
to respond to a request. They include (without limitation) the salary 
of the employee(s) performing work (the basic pay rate of such 
employee(s) plus 16 percent to cover benefits).
    Duplication means copying the documents necessary to respond to a 
request. Such copies may be paper, microform, audiovisual, or machine-
readable.
    Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of graduate or 
undergraduate higher education, an institution of professional 
education, and an institution of vocational education,

[[Page 31676]]

which operates a program or programs of scholarly research.
    Noncommercial scientific institution means an institution, not 
operated on a commercial basis (as referenced above), which is operated 
solely for the purpose of conducting scientific research whose results 
are not intended to promote any particular product or industry.
    Representative of the news media means 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. The term ``news'' means 
information that is about current events or that would be of current 
interest to the public. Examples of news media entities are television 
or radio stations broadcasting to the public at large and publishers of 
periodicals (but only if such entities qualify as disseminators of 
``news'') who make their products available for purchase or by 
subscription or by free distribution to the general public. These 
examples are not all inclusive and may include alternate media to 
disseminate news. A freelance journalist shall be regarded as working 
for a news media entity if the journalist can demonstrate a solid basis 
for expecting publication through that entity (e.g., by a publication 
contract or prior publication record), whether or not the journalist is 
actually employed by the entity.
    Review means examining documents located in response to a request 
to determine whether any portion is exempt from disclosure, and 
processing or preparing documents for release, but not determination of 
general legal or policy issues regarding application of exemptions.
    Search includes all time spent looking for material responsive to a 
request, including identification of pages or lines within documents. 
The term covers both manual and computerized searching.


Sec.  3006.301   Request category.

    (a) Fees. The level of fee charged depends on the request category.
    (1) Commercial use. A request appearing to be for commercial use 
will be charged the full direct costs of searching for, reviewing, and 
duplicating the records sought.
    (2) Educational and noncommercial scientific institutions. A 
request from an educational or noncommercial scientific institution 
will be charged for the cost of duplication only (excluding charges for 
the first 100 pages). To be eligible for this category, a requester 
must show that the request is made under the auspices of a qualifying 
institution and that the records are not sought for commercial use but 
are in furtherance of scholarly (in the case of educational 
institutions) or scientific (in the case of noncommercial scientific 
institutions) research.
    (3) News media. A request from a representative of the news media 
will be charged the cost of duplication only (excluding charges for the 
first 100 pages).
    (4) Other requesters. A request from any other person will be 
charged the full direct cost of searching for, reviewing, and 
duplicating records responsive to the request, except that the first 
100 pages of duplication and the first 2 hours of search/review will be 
furnished without charge.
    (b) Privacy Act. A request by an individual for the individual's 
own records in a system of records will be charged fees as provided 
under the Commission' s Privacy Act regulations in part 3005 of this 
chapter.


Sec.  3006.302   General provisions.

    (a) The Commission may charge search fees even if no records are 
found or if the records found are exempt from disclosure.
    (b) Except in the case of commercial use requesters, the first 100 
pages of duplication and the first 2 hours of search time are provided 
without charge.
    (1) A page for these purposes is a letter- or legal-size sheet, or 
the equivalent amount of information in a medium other than paper copy.
    (2) Search time for these purposes refers to manual searching; if 
the search is performed by computer, the 2 hours provided without 
charge will be equal to 2 hours' salary of the person performing the 
search.
    (c) No requester will be charged a fee when the Commission 
determines that the cost of collecting the fee would equal or exceed 
the fee itself. In determining whether cost of collection would equal 
or exceed the fee, the allowance for 2 hours' search or 100 pages of 
duplication will be made before comparing the remaining fee and the 
cost of collection.
    (d) Records will be provided without charge or at a reduced charge 
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.
    (e) No requester will be charged a fee after any search or response 
which occurs after the applicable time limits as described in 
Sec. Sec.  3006.202 and 3006.203, unless:
    (1) The Commission extends the time limit for its response due to 
unusual circumstances, pursuant to Sec.  3006.201(d), and the 
Commission completes its response within the extension of time provided 
under that section; or
    (2) The Commission extends the time limit for its response due to 
unusual circumstances and more than 5,000 pages are necessary to 
respond to the request and the Commission has discussed with the 
requester how they could effectively limit the scope of the request or 
made at least three good faith attempts to do so; or
    (3) A court has determined that exceptional circumstances exist and 
excused the Commission from responding by court order.
    (f) The Commission may, however, charge fees for review, and in 
some cases duplication, for a partial grant of a request while it 
reviews records that may be exempt and may be responsive to the 
request, so long as the partial grant is made within the applicable 
time limits.


Sec.  3006.303   Fee schedule.

    (a) Fees will be calculated as follows:
    (1) Manual search. At the salary rate (basic pay plus 16 percent) 
of the employee(s) making the search. Search time may be charged for 
even if the Commission fails to locate records or if records located 
are exempt from disclosure.
    (2) Computer search. At the direct cost of providing the search, 
including computer search time directly attributable to searching for 
records responsive to the request runs and employee salary 
apportionable to the search.
    (3) Review (commercial use). At the salary rate (basic pay plus 16 
percent) of the employee(s) conducting the review. Charges are imposed 
only for the review necessary at the initial administrative level to 
determine the applicability of any exemption, and not for review at the 
administrative appeal level of an exemption already applied.
    (4) Duplication. At 10 cents per page for paper copy, which the 
Commission has found to be the reasonable direct cost thereof. For 
copies of records prepared by computer the direct cost of production, 
including employee time, will be charged.
    (5) Additional services. Postage, insurance, and other additional 
services that may be arranged for by the requester will be charged at 
actually incurred cost.
    (b) In addition to the fee waiver provisions of Sec.  3006.302(d), 
fees may be

[[Page 31677]]

waived at the discretion of the Commission.


Sec.  3006.304   Procedure for assessing and collecting fees.

    (a) Advance payment may be required if the requester failed to pay 
previous bills in a timely fashion or when the fees are likely to 
exceed $250.
    (1) Where the requester has previously failed to pay within 30 days 
of the billing date, the Commission may require the requester to pay an 
advance payment of the estimated fee together with either the past due 
fees (plus applicable interest) or proof that the past fees were paid.
    (2) When advance payment is required, the administrative time 
limits prescribed in 5 U.S.C. 552(a)(6) (Sec.  3006.201) begin only 
after such payment has been received.
    (b) Interest at the rate published by the Secretary of the Treasury 
as prescribed in 31 U.S.C. 3717 will be charged on unpaid fee bills 
starting on the 31st day after the bill was sent. Receipt of a fee by 
the Commission, whether processed or not, will stay the accrual of 
interest.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2024-08715 Filed 4-24-24; 8:45 am]
BILLING CODE 7710-FW-P