[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Rules and Regulations]
[Pages 58335-58340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28126]


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

POSTAL RATE COMMISSION

39 CFR Parts 3001, 3002 and 3004

[Docket No. RM99-2; Order No. 1267]


Freedom of Information Act Administrative Rulemaking

AGENCY: Postal Rate Commission.

ACTION: Final rule.

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

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

DATES: Effective November 29, 1999.

ADDRESSES: Send correspondence concerning this document to the 
attention of Margaret P. Crenshaw, Secretary, Postal Rate Commission, 
1333 H Street NW., Suite 300, Washington, DC 20268-0001.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
Postal Rate Commission, 1333 H Street NW., Washington, DC 20268-0001, 
202-789-6820.

SUPPLEMENTARY INFORMATION:
    Introduction. The Commission hereby adopts, as a final rule, the 
revisions to its rules implementing the Freedom of Information Act 
(FOIA) described and identified here. (Order No. 1267, issued October 
8, 1999.) The revisions, which were the subject of Commission Order No. 
1253, were previously published at 64 FR 50031. No comments on the 
proposal were received.
    The Commission has reviewed its initial proposal, and has 
determined that final adoption of the revisions is appropriate. The 
previous version is unchanged except for clarifying that claims that 
sensitive business information should be exempt from disclosure can be 
made under several subparts of 5 U.S.C. 552(b). Part I explains the 
changes. Part II summarizes the effect of the changes on organization 
of the rules. Part III sets out the final rules.

Part I--Background

    The Commission's rules implementing the requirements of the 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. Also, they 
do not reflect recent changes in the Commission's methods of 
information management, which have become increasingly computer-based, 
or other administrative changes affecting access to information at the 
Commission.
    The rules adopted here are intended to address and accommodate 
these changes. They also incorporate a major structural change for the 
convenience of persons interested in obtaining information by various 
means. This entails the transfer of all provisions describing FOIA 
access and processes at the Commission to a new Part 3004.

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

    Subsection (a)(2) of the FOIA 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.
    Description of changes. The final rules reflect the actions the 
Commission has taken to achieve compliance with the amended public 
inspection and copying requirements. Since 1996, the Commission has 
operated a website linked to the Internet for the purposes of 
telecommunication and publication of official information. Recently, 
the Commission has expanded the material available on its website to 
include all 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. These materials are now available for viewing and 
downloading from the Commission's website at www.prc.gov. Accordingly, 
39 CFR 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

[[Page 58336]]

contained in 39 CFR 3001.42 and 3001.42a, within the rules of general 
applicability in part 3001. (Part 3001 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 final rules incorporate a major structural change. 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 are transferred to a new part 3004, entitled 
``Freedom of Information Rules.'' Rules describing the Commission's 
public information resources generally are retained in section 3001.42, 
with additional detailed information in part 3002, the organizational 
description of the Commission.
    In addition, new part 3004 includes revisions of, and updates to, 
the provisions transferred from sections 3001.42 and 42a to conform to 
current FOIA legal requirements and practices. Sections 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. Section 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 section 3004.4 for 
responding to requests is 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, is 
extended to one year under section 3004.4(a)(2).

C. Provisions Relating to Submission of Sensitive Business Information

    Section 3004.8 adopts procedures for the Commission's treatment of 
materials containing sensitive business information that are 
considerably more detailed than those in current section 3001.42a. 
Section 3004.8(a) directs any person who submits information believed 
to be exempt from disclosure under 5 U.S.C. section 552(b) to designate 
the exempt information by appropriate markings, and provide a brief 
written statement explaining why the information is exempt. Any such 
designation expires 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 section 3004.8(a), 
or one that may be exempt from disclosure under 5 U.S.C. section 
552(b), section 3004.8(b) provides that the Commission is to notify the 
submitter that such a request has been made, and provide a copy of the 
notice to the requester. Under section 3004.8(c), the submitter has 7 
days to submit written objections to the information's disclosure, 
specifying all grounds for withholding it under the FOIA. The submitter 
will be considered to have no objection to disclosure if it submits no 
response by the end of the 7-day period.
    If the submitter objects to disclosure, the Commission then decides 
whether to disclose the information. If the decision is to disclose, 
section 3004.8(d) requires the Commission to provide the submitter with 
written notice of that decision and a brief explanation for not 
sustaining the submitter's objections. Actual disclosure is not to be 
made until 5 days after the submitter's receipt of the notice. Section 
3004.8(e) provides that the Commission need 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 a statute other than the 
FOIA.
    Finally, section 3004.8(f) specifies 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 section 3001.31a. Thus, the procedures 
in section 3004.8 do 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 final 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 final rules address publication requirements by incorporating 
several amendments to existing rules that enhance the information 
provided regarding the Commission's operations, facilities, and 
information resources available to the public. Section 3002.2 adds 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). Section 3002.3 describes the potential sources of public 
information in 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). Section 3002.4(e) provides additional detail concerning 
the information available on the Commission's website, and clarifies 
the responsibility of the Commission's administrative office to 
maintain it and the other public information resources of the agency.

Part II. Summary of Effect of Changes on the Rules

    In 39 CFR part 3001, paragraph (c) of existing 3001.42, captioned 
``Public information and requests,'' is deleted in its entirety. 
Existing 3001.42(d), captioned ``Procedure in event of subpoena,'' is 
redesignated as 3001.42(c). In addition, 3001.42a, captioned 
``Protection of trade secrets and commercial or financial information'' 
is deleted in its entirety.
    In 39 CFR part 3002, 3002.1 is retained without change. Provisions 
currently designated as 3002.2, 3002.3 and 3002.4 are redesignated as 
3002.3, 3002.4 and 3002.5, respectively. In the redesignated 
paragraphs, a new paragraph (c) is added in 3002.3 and a new paragraph 
(e) is added in 3002.4.
    The redesignation leaves 3001.2 available. The Commission uses this 
space for new text addressing its functions. Accordingly, this section, 
formerly captioned ``The Commission and its offices,'' is given the new 
caption of ``Statutory functions,'' and new language appears therein.
    A new part 3004, captioned ``Freedom of Information Rules'' is 
added. It contains eight paragraphs describing various responsibilities 
and requirements.

Part III. Final Rules

    The final rules appear below.

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 
amended as follows.

PART 3001--RULES OF PRACTICE AND PROCEDURE

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


[[Page 58337]]


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


Sec. 3001.42  [Amended]

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


Sec. 3001.42a  [Removed]

    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.


Secs. 3002.2, 3002.3, 3002.4  [Redesignated as Secs. 3002.3, 3002.4, 
and 3002.5]

    5. Redesignate Secs. 3002.2, 3002.3 and 3002.4 as Secs. 3002.3, 
3002.4, and 3002.5, respectively.
    6. In newly designated 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 components described 
in Secs. 3001.4, 3001.5, 3001.6 and 3001.7; a docket room where 
documents may be filed with the Commission pursuant to Sec. 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 newly designated 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 section 
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 or 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).
    (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 8:00 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

[[Page 58338]]

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.
    (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 above), 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

[[Page 58339]]

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 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 FOIA 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) 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

[[Page 58340]]

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 Sec. 3001.31a.

    Dated: October 22, 1999.
Margaret P. Crenshaw,
Secretary.
[FR Doc. 99-28126 Filed 10-28-99; 8:45 am]
BILLING CODE 7710-FW-P