[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Proposed Rules]
[Pages 50031-50035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23135]


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POSTAL RATE COMMISSION

39 CFR Part 3001, 3002, and 3004

[Docket No. RM99-2; Order No. 1253]


Freedom of Information Act Administrative Rulemaking

AGENCY: Postal Rate Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes changes to its rules of practice to 
implement the Electronic Freedom of Information Act and to reflect 
improved methods of information management. The proposed changes will 
establish consistency with current law. They also will improve the 
Commission's administration of related responsibilities and the 
public's ability to exercise rights to obtain or review certain 
information.

DATES: Comments will be accepted until September 30, 1999.

ADDRESSES: Send comments regarding this document to the attention of 
Margaret P. Crenshaw, Secretary, Postal Rate Commission, 1333 H Street 
NW., Washington, DC 20268-0001.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
Postal Rate Commission, 1333 H Street NW, Washington, DC 20268-0001, 
202-789-6824.

SUPPLEMENTARY INFORMATION: The Commission's rules implementing the 
requirements of the Freedom of Information Act (FOIA), 5 U.S.C. 552, 
have not been amended since 1993. Consequently, they do not incorporate 
changes in applicable law since that time, most notably the 
requirements added by the Electronic FOIA, Pub. L. 104-231. 
Additionally, the current rules do not reflect recent changes in the 
Commission's methods of information management, which have become 
increasingly computer-based, as well as other administrative changes 
affecting access to information at the Commission. The proposed rules 
are intended to address and accommodate these interim changes. They 
also incorporate a major structural change--transfer of all provisions 
describing FOIA access and processes at the Commission to a new part 
3004--for the convenience of persons interested in obtaining 
information by various means.

A. Compliance With Public Inspection and Copying Requirements as 
Modified by the Electronic FOIA Amendments

    Subsection (a)(2) of the FOIA [5 U.S.C. 552(a)(2)] requires an 
agency to make available for public inspection and copying its final 
opinions in adjudicated cases, policy statements and interpretations 
not published in the Federal Register, and administrative staff manuals 
and instructions to staff that affect members of the public. The 1996 
Electronic FOIA amendments extended this requirement by directing 
agencies to make such records created on or after November 1, 1996 
available by computer telecommunications or other electronic means.
    The proposed rules reflect the actions the Commission has taken to 
achieve compliance with the amended public inspection and copying 
requirements. Beginning in 1996, the Commission has operated a website 
linked to the Internet for the purpose of telecommunication and 
publication of official information. Recently, the Commission has 
expanded the material available on its website to include all its 
decisions issued on or after January 1, 1996; orders, notices and other 
documents issued in proceedings pending before the Commission; the 
domestic mail classification schedule, which is a compilation of all 
provisions that define the categories of mail and postal services 
available in the national postal system; and the rules of practices 
which govern the conduct of proceedings before the Commission. All 
these materials are now available for viewing and downloading from the 
Commission's website at www.prc.gov. Accordingly, proposed 3004.2(c) 
identifies that domain as the location of the Commission's electronic 
reading room, and describes generally the categories of information 
available from the website.

B. Transfer of FOIA Procedural Rules to New Part 3004

    Currently, the rules describing public information available at the 
Commission and procedures for obtaining access are contained in 39 CFR 
3001.42 and 3001.42a, within the rules of general applicability 
included in part 3001, which is a compilation of all the Commission's 
rules of practice and procedure. For the convenience of persons 
interested primarily in obtaining access to public information, the 
Commission proposes rules which incorporate a major structural change.

[[Page 50032]]

Rules describing the procedures for obtaining access to public 
information at the Commission, fees associated with some retrieval and 
copying services, and procedures relating to the submission and 
disclosure of sensitive business information would be transferred to a 
new part 3004, to be entitled ``Freedom of Information Rules.'' Rules 
describing the Commission's public information resources generally 
would be retained in Sec. 3001.42, with additional detailed information 
in part 3002, the organizational description of the Commission.
    In addition, the rules proposed for inclusion in the new part 3004 
would revise and update the provisions transferred from 3001.42 and 42a 
to conform to current FOIA legal requirements and practices. Proposed 
3004.1 and 3004.2 describe the purpose of the rules and the sources of 
the Commission's public information, including the physical and 
electronic reading rooms. Proposed 3004.3 provides both for regular 
FOIA requests and requests for expedited processing based on a 
demonstration of compelling need. The time limit specified in proposed 
3004.4 for responding to requests would be changed from 10 days to 20 
days, in accordance with the 1996 amendments. The period for filing an 
appeal of a denial of a request with the Commission, currently 20 days, 
would be extended to one year under proposed 3004.4(a)(2).

C. Provisions Relating to Submission of Sensitive Business 
Information

    Proposed 3004.8 would adopt procedures for the Commission's 
treatment of materials containing sensitive business information that 
are considerably more detailed than those incorporated in current 
3001.42a. Proposed 3004.8(a) would direct any person who submits 
information believed to be exempt from disclosure under 5 U.S.C. 
552(b)(4) to designate the exempt information by appropriate markings, 
and provide a brief written statement explaining why the information is 
exempt. Any such designation would expire 10 years after the date of 
submission, unless the submitter requests and justifies a longer 
duration.
    Should the Commission receive an FOIA request seeking business 
information that has been properly designated under 3004.9(a), or that 
the Commission believes may be exempt from disclosure under 552(b)(4), 
under proposed 3004.8(b) the Commission would notify the submitter that 
such a request has been made, and provide a copy of the notice to the 
requester. Under proposed 3004.8(c), the submitter would have 7 days to 
submit written objections to the information's disclosure, specifying 
the grounds for withholding it under the FOIA. The submitter would be 
considered to have no objection to disclosure if it submits no response 
by the end of the 7-day period.
    If the submitter has objected to disclosure, the Commission would 
then decide whether to disclose the information. If the Commission 
decides to disclose, under 3004.8(d) it would provide the submitter 
written notice of that decision and a brief explanation for not 
sustaining its objections. Actual disclosure would not be made until 5 
days after the submitter's receipt of the notice. Proposed 3004.8(e) 
provides that the Commission may not notify the submitter if it 
determines not to disclose the information; if the information has been 
lawfully published or officially made publicly available; or if 
disclosure is required by a regulation or statute other than the FOIA.
    Finally, proposed 3004.8(f) would specify that protection of 
business information made available in formal Commission proceedings, 
and under the periodic reporting requirements in subpart G of 39 CFR 
part 3001, is provided under the terms of 3001.31a. Thus, the 
procedures to be adopted in proposed 3004.8 would not apply to the 
potential disclosure of commercially sensitive materials in the course 
of the Commission's performance of its primary jurisdictional 
responsibilities.

D. Updated Information Responsive to Publication Requirements

    Subsection (a)(1) of the FOIA specifies five categories of 
information that agencies are required to ``currently publish in the 
Federal Register for the guidance of the public.'' The proposed rules 
are designed to comply fully with these publication requirements, and 
also to carry out the intent of the Electronic FOIA Amendments of 1996 
to increase the public availability of information through computer 
telecommunications.
    The proposed rules address the Act's publication requirements by 
incorporating several amendments to existing rules that would enhance 
the information provided regarding the Commission's docket room, 
physical reading room, and electronic reading room on its website, as 
directed in 5 U.S.C. 552(a)(1)(A). Proposed Sec. 3002.4(e) would 
provide additional detail concerning the information available on the 
Commission's website, as well as clarifying the responsibility of the 
Commission's administrative office to maintain it and the other public 
information resources of the agency. Proposed Sec. 3002.2 would add a 
description of the Commission's statutory functions, including its 
jurisdictional responsibilities and the means by which the public may 
participate in Commission proceedings, in response to 5 U.S.C. 
552(a)(1)(B).
    Ordering paragraphs. Ordering paragraph No. 1 directed interested 
persons to submit comments on the proposed revisions, which were set 
out in Appendix A to this order, no later than July 26, 1999. [Changes 
set out in the referenced appendix appear in this Federal Register 
notice in a style that conforms to Office of the Federal Register 
publication requirements.] Ordering paragraph No. 2 directed the 
Secretary of the Commission to arrange for publication of the notice 
and order in the Federal Register in a manner consistent with 
applicable requirements. [The order was distributed to the Docket No. 
R97-1 service list upon issuance (June 15, 1999).

List of Subjects in 39 CFR Parts 3001, 3002 and 3004

    Administrative practice and procedure, Archives and records, 
Freedom of information, Organization, Privacy, Reporting and 
recordkeeping requirements.

    For the reasons discussed in the preamble, 39 CFR chapter III is 
proposed to be amended as follows:

PART 3001--RULES OF PRACTICE AND PROCEDURE

    1. The authority citation for part 3001 continues to read as 
follows:

    Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662.

    2. In Sec. 3001.42, remove paragraph (c) in its entirety, and 
redesignate paragraph (d) as (c).
    3. Remove Sec. 3001.42a in its entirety.

PART 3002--ORGANIZATION

    4. The authority citation for part 3002 continues to read as 
follows:

    Authority: 39 U.S.C. 3603; 5 U.S.C. 552.

    5. Redesignate Secs. 3002.2, 3002.3 and 3002.4 as Secs. 3002.3, 
3002.4 and 3002.5, respectively.
    6. In redesignated Sec. 3002.3, add a new paragraph (c) to read as 
follows:


Sec. 3002.3  The Commission and its offices.

* * * * *
    (c) The Commission's offices are located at 1333 H Street, NW., 
Suite 300, Washington, DC 20268. On these premises, the Commission 
maintains offices for Commissioners and the staff

[[Page 50033]]

components described in 3002.4, 3002.5, 3002.6 and 3002.7; a docket 
room where documents may be filed with the Commission pursuant to 
3001.9 and examined by interested persons; a public reading room where 
the Commission's public records are available for inspection and 
copying; a library containing legal and technical reference materials; 
and a hearing room where formal evidentiary proceedings are held on 
matters before the Commission. The Commission also maintains an 
electronic reading room accessible through the Internet, on its website 
at www.prc.gov.
    7. In redesignated Sec. 3002.4, add new paragraph (e) to read as 
follows:


Sec. 3002.4  Administrative Office.

* * * * *
    (e) The Administrative Office is also responsible for the 
maintenance of the Commission's public information resources, including 
the docket room, the physical reading room, and the library on the 
premises of the Commission's offices, as well as the electronic reading 
room accessible on the Commission's website at www.prc.gov. The 
information available on the Commission's website is, in general, 
coextensive with that available from the Commission's docket room and 
physical reading room, and includes: Commission decisions, rules, 
orders and notices; testimony, pleadings and reference materials filed 
in Commission proceedings; and current information concerning 
Commission activities, employment opportunities, and a calendar of 
upcoming events.
    8. Add new Sec. 3002.2 to read as follows:


Sec. 3002.2  Statutory functions.

    (a) Areas of jurisdiction. The Commission has jurisdiction over 
changes in postal rates and fees under 39 U.S.C. 3622, and over mail 
classifications under 39 U.S.C. 3623. It issues recommended decisions 
to the Governors of the Postal Service on these matters. It also acts 
on postal patrons' appeals from Postal Service decisions to close or 
consolidate post offices under 39 U.S.C. 404(b). Further, the 
Commission investigates complaints of substantial national scope 
concerning postal rates, fees, mail classifications or services under 
39 U.S.C. 3662. It also responds to requests of the Postal Service for 
advisory opinions on changes in the nature of postal services under 39 
U.S.C. 3661. Because of the Commission's expertise, Congress 
occasionally asks it to undertake special studies on postal issues.
    (b) Public participation. Interested persons may elect to 
participate in Commission rate and mail classification proceedings as 
formal intervenors (Sec. 3001.20), limited participators 
(Sec. 3001.20a), or commenters (Sec. 3001.20b). Interested parties who 
believe the Postal Service is charging rates which do not conform with 
the policies of the Postal Reorganization Act, or who believe that they 
are not receiving postal service in accordance with the policies of 
title 39, may lodge a complaint with the Commission under Sec. 3001.82. 
Persons served by post offices that the Postal Service decides to close 
or consolidate with other post offices may appeal such determinations 
under Sec. 3001.111.
    9. Part 3004 is added to read as follows:

PART 3004--FREEDOM OF INFORMATION RULES

Sec.
3004.1  Purpose.
3004.2  Reading room.
3004.3  Requests for records and for expedited processing.
3004.4  Response to requests.
3004.5  Appeals.
3004.6  Fees.
3004.7  Aggregation of requests.
3004.8  Submission of business information.

    Authority: 39 U.S.C. 3603; 5 U.S.C. 552, 552a.


Sec. 3004.1  Purpose.

    (a) This part is published pursuant to the Freedom of Information 
Act (FOIA), 5 U.S.C. 552, to describe the procedures by which a person 
can request copies of Commission records. It also describes how a 
submitter of trade secrets or confidential business information can 
identify information that the submitter believes to be exempt from 
disclosure under 5 U.S.C. 552(b)(4).
    (b) An individual seeking access to a record about himself or 
herself that is subject to the Privacy Act of 1974 should also consult 
the Commission's Privacy Act rules in part 3003 for the procedures that 
apply to requests for records under that Act. Requests for first-party 
access can be made under both the FOIA and the Privacy Act of 1974.
    (c) Information required to be published or made available pursuant 
to 5 U.S.C. 552(a)(1) and (a)(2) may be found in part 3002, elsewhere 
in this chapter, in the Federal Register, or on the Commission's 
website at www.prc.gov. The Commission's guide to the FOIA, all 
required FOIA indexes, and any available annual FOIA reports, are also 
available at the website in the electronic reading room or elsewhere on 
the site.
    (d) Section 3001.42(b) of this chapter identifies records that the 
Commission has determined to be public.


Sec. 3004.2  Reading room.

    (a) The Commission maintains a public reading room at its offices 
at 1333 H Street NW., Washington, DC 20268. The reading room is open 
from 8 a.m. until 4:30 p.m. during business days.
    (b) The records available for public inspection and copying in the 
reading room include: final opinions, statements of policy, 
administrative staff manuals and instructions that affect a member of 
the public, copies of selected records released under the FOIA, and 
indexes required to be maintained under the FOIA, and records described 
in 39 CFR 3001.42(b) relating to any matter or proceeding before the 
Commission.
    (c) The Commission's electronic reading room is maintained at its 
website at www.prc.gov. Commission decisions, orders, rules of 
practice, and other directives affecting the public are available from 
the electronic reading room. To the extent practicable, other documents 
available in the reading room are also posted and available on the 
website.


Sec. 3004.3  Requests for records and for expedited processing.

    (a) A request for records must be in writing and must reasonably 
describe the records sought. A request should be addressed or delivered 
to the Secretary of the Commission at the offices of the Commission at 
1333 H Street NW., Washington, DC 20268. A request should be clearly 
identified as ``Freedom of Information Act Request'' both in the text 
of the request and on the envelope. A requester should include a 
daytime telephone number.
    (b) A request for expedited processing may be made in cases in 
which the requester demonstrates a compelling need as defined in 5 
U.S.C. 552(a)(6)(E)(v). The Commission may otherwise grant requests for 
expedited processing at its discretion. A request for expedited 
processing should be clearly identified as ``Expedited Freedom of 
Information Act Request'' both in the text of the request and on the 
envelope.
    (c) A demonstration of compelling need by a requester seeking 
expedited processing must be made by a statement certified by the 
requester to be true and correct to the best of the requester's 
knowledge and belief. At its discretion, the Commission may waive the 
requirement for certification.

[[Page 50034]]

    (d) A request for expedited processing may be made at the time of 
an initial request (or appeal) or at a later time.


Sec. 3004.4  Response to requests.

    (a) Within 20 days (excluding Saturdays, Sundays, and legal public 
holidays) after receipt of a request for a Commission record, the 
Secretary of the Commission will:
    (1) Determine to comply with the request and immediately notify the 
requester of the determination and of any fees that must be paid; or
    (2) Deny the request in writing. The denial letter will explain the 
reason for the denial, including each exemption used as a basis for 
withholding of the records sought. The denial letter will include an 
estimate of the volume of requested matter that was denied. If 
disclosure of a record has been partially denied, the amount of 
information deleted will be indicated on the released portion if 
technically feasible. If revealing the amount or location of a denied 
record will harm an interest protected by an exemption, then the 
description of the amount or location of deleted information may be 
withheld. The denial letter will inform the requestor that he/she may, 
within one year, appeal the denial to the Commission.
    (b) A denial is any form of adverse determination, including: A 
determination to withhold any requested record in whole or in part; a 
determination that a requested record does not exist or cannot be 
located; a determination that a record is not readily reproducible in 
the form or format sought by the requester; a determination that what 
has been requested is not a record subject to the FOIA; an adverse 
decision on any disputed fee matter, including a denial of a requested 
fee waiver; and a denial of a request for expedited treatment.
    (c) Within ten days after the receipt of a request for expedited 
processing, the Secretary will:
    (1) Grant the request for expedited processing and process the 
request for records as soon as practicable; or
    (2) Deny a request for expedited processing in writing. 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. 
The denial letter will inform the requestor that he/she may, within 
five days, appeal the denial to the Commission.
    (d) If warranted by the unusual circumstances specified in 5 U.S.C. 
552(a)(6)(B)(iii), the Secretary may extend the time for a response for 
up to ten working days. The Secretary will notify the requester of any 
extension, and the reason for the extension, in writing. The Secretary 
will also provide the requester with an opportunity to limit the scope 
of the request or to arrange an alternative time frame for processing 
the request or a modified request.


Sec. 3004.5  Appeals.

    (a) A requester who seeks to appeal any denial must file an appeal 
in writing with the Commission. The Commission may review any decision 
of the Secretary on its own initiative. The Commission will grant or 
deny the appeal in writing, within 20 days (excluding Saturdays, 
Sundays and legal public holidays) of the date the appeal is received. 
If on appeal the denial of the request for records is upheld, the 
Commission will notify the person making such request of the provisions 
for judicial review of that determination pursuant to 5 U.S.C. 552(c). 
The Commission will expeditiously consider an appeal of a denial of 
expedited processing.
    (b) If warranted by the unusual circumstances specified in 5 U.S.C. 
552(a)(6)(B)(iii), the Commission may extend the time for a response to 
an appeal for up to ten working days. The Commission will notify the 
requester of any extension, and the reason for the extension, in 
writing. The Commission will also provide the requester with an 
opportunity to limit the scope of the request or to arrange an 
alternative time frame for processing the request or a modified 
request.


Sec. 3004.6  Fees.

    (a) Definitions pertaining to fees:
    (1) Direct costs means expenditures the Commission actually incurs 
in searching for, duplicating, and, where applicable, reviewing 
documents to respond to a request. They include (without limitation) 
the salary of the employee performing work (the basic pay rate of such 
employee plus 16 percent to cover benefits) and the cost of operating 
required machinery.
    (2) 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.
    (3) Duplication means making copies of documents necessary to 
respond to a request. Such copies may be paper, microform, audiovisual, 
or machine-readable.
    (4) Review means examining documents located in response to a 
commercial-use request to determine whether any portion is exempt from 
mandatory disclosure, and processing or preparing documents for 
release, but not determination of general legal or policy issues 
regarding application of exemptions.
    (5) Commercial use request means a request from or on behalf of one 
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.
    (6) 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, which operates a 
program or programs of scholarly research.
    (7) Noncommercial scientific institution means an institution, not 
operated on a ``commercial'' basis (as referenced in paragraph (a)(5) 
of this section), which is operated solely for the purpose of 
conducting scientific research whose results are not intended to 
promote any particular product or industry.
    (8) Representative of the news media means any person actively 
gathering news for an entity organized and operated to publish or 
broadcast news to the public. News means information about current 
events or that would be of current interest to the public. Freelance 
journalists will be regarded as working for a news medium if they 
demonstrate (for example, by a publication contract or a past record of 
publication) a solid basis for expecting publication through such 
organization even though not actually employed by it.
    (b) Except in the case of commercial-use requesters, the first 100 
pages of duplication and the first two hours of search time are 
provided without charge. 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. Search time for these purposes refers to manual 
searching; if the search is performed by computer, the amount not 
charged for will be the search cost equivalent to two hours' salary of 
the person performing the search. 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

[[Page 50035]]

allowance for two hours' search or 100 pages of duplication will be 
made before comparing the remaining fee and the cost of collection.
    (c) Fees will be charged in accordance with the following 
provisions:
    (1) The level of fee charged depends on the category of requester:
    (i) A request appearing to be for commercial use will be charged 
the full direct costs of searching for, reviewing, and duplicating the 
records sought.
    (ii) 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.
    (iii) A request from a representative of the news media will be 
charged the cost of duplication only (excluding charges for the first 
100 pages).
    (iv) A request from any other requester will be charged the full 
direct cost of searching for and duplicating records responsive to the 
request, except that the first 100 pages of duplication and the first 
two hours of search will be furnished without charge.
    (v) A request from a record subject for records about himself or 
herself filed in a Commission Privacy Act system of records will be 
charged fees as provided under the Commission's Privacy Act regulations 
in part 3003 of this chapter.
    (2) Fees will be calculated as follows:
    (i) 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.
    (ii) Computer search: At the actual direct cost of providing the 
search, including computer search time directly attributable to 
searching for records responsive to the request, runs, and operator 
salary apportionable to the search.
    (iii) Review (commercial-use requests): 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.
    (iv) Duplication: At 15 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 (such as tapes or printouts), 
the actual cost of production, including operator time, will be 
charged.
    (v) Additional services: Postage, insurance, and other additional 
services that may be arranged for by the requester will be charged at 
actual cost.
    (d) Interest at the rate 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.
    (e) Advance payment may be required only when the allowable fees 
are likely to exceed $250, in which case advance payment in part or in 
full may be required of requesters with no history of prompt payment, 
and satisfactory assurance of payment from requesters with such 
history; or when the requester has previously failed to pay a fee 
timely (within 30 days of the billing date), in which case the 
Commission may require full payment of the amount owed, plus applicable 
interest, or a demonstration that the fee has in fact been paid, 
together with full advance payment of the estimated fee. When advance 
payment is required, the administrative time limits prescribed in 
subsection (a)(6) of the Freedom of Information Act begin only after 
such payment has been received.
    (f) 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.


Sec. 3004.7  Aggregation of requests.

    Should the Secretary or the Commission reasonably believe that a 
requester or a group of requesters acting in concert, have attempted to 
evade fees or to seek a procedural advantage over other requesters by 
breaking down a request into a series of requests, the Commission may 
aggregate the separate requests and treat them as a single request. 
Multiple requests involving unrelated subjects will not be aggregated.


Sec. 3004.8  Submission of business information.

    (a) Any person who submits to the Commission a trade secret or 
commercial or financial information that the submitter reasonably 
believes to be exempt from disclosure under 5 U.S.C. 552(b)(4) must 
designate the exempt information by appropriate markings at the time of 
submission or at a reasonable time after submission. The submission 
should be accompanied by a brief written statement explaining why the 
information is exempt. Any designation will expire ten years after the 
date of the submission unless the submitter requests, and provides 
justification for, a longer period.
    (b) Before disclosing, in response to a FOIA request, any 
information properly designated under this part, the Commission will 
provide the submitter with written notice that a request seeks 
disclosure of the information. The Commission may also provide notice 
when it has reason to believe that business information possibly exempt 
from disclosure may fall within the scope of any FOIA request. The 
requester will be provided a copy of any notice sent to the submitter.
    (c) A submitter has seven days to submit written objections to the 
disclosure specifying all grounds for withholding the information under 
the FOIA. If the submitter fails to respond to the notice, the 
submitter will be considered to have no objection to the disclosure of 
the information.
    (d) 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 five days after the submitter has 
received the notice.
    (e) A submitter may not receive notice if the Commission determines 
that the information should not be disclosed; if the information has 
been lawfully published or officially made available to the public; or 
if a statute (other than the FOIA) or a regulation requires disclosure.
    (f) Protection of information made available pursuant to 
proceedings subject to the rules in 39 CFR part 3001, including 
information provided pursuant to that subpart requiring the filing of 
periodic reports, is provided upon request to the Commission as 
described in 39 CFR 3001.31a.

    Dated: August 31, 1999.
Margaret P. Crenshaw,
Secretary.
[FR Doc. 99-23135 Filed 9-14-99; 8:45 am]
BILLING CODE 7710-FW-P