[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Proposed Rules]
[Pages 47527-47530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20358]


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POSTAL SERVICE

39 CFR Parts 224, 261 through 268


Release of Information and Records Management Changes

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes to revise organizational names and 
titles relating to the policies for the release of information and 
records management, and revises the fee structure relating to the 
furnishing of documents and records to members of the public under the 
Freedom of Information Act (FOIA). We are proposing these changes 
because organizational names and titles have changed as a result of 
agency restructuring. The revisions reflect to whom the public should 
address issues relating to the release of information and records 
management. In addition, we are proposing a change to fee structure to 
permit the recovery of current costs incurred in the furnishing of 
records to the public.

DATES: Any interested party may submit written comments on the proposed 
modification on or before September 22, 2003.

ADDRESSES: Mail or deliver written comments on this proposal to the 
Records Office, United States Postal Service, 475 L'Enfant Plaza, SW., 
Room 5846, Washington, DC 20260-5846. Copies of all written comments 
will be available at the address in this section for public inspection 
and photocopying between 8 a.m. and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Robert Faruq at 202-268-2608.

SUPPLEMENTARY INFORMATION:

Proposed Changes

    The Postal Service is proposing to modify parts 224 and 261-268 of 
Title 39, Code of Federal Regulations, to reflect current 
organizational names and titles, which have changed as a result of 
agency restructuring. The proposal additionally modifies part 265, 
revising the fee structure relating to the furnishing of documents and 
records to members of the public under the Freedom of Information Act 
(FOIA).
    As a result of agency restructuring, responsibility for Postal 
Service release of information and records management policy has 
shifted from Finance to Consumer Affairs. The Chief Privacy Officer 
(CPO), who reports to the Vice President and Consumer Advocate, has 
assumed the release of information/records management responsibilities 
formerly held by the Manager, Administration and FOIA, under the Chief 
Financial Officer and Executive Vice President.
    Under the new organizational structure, the title ``Freedom of 
Information/Privacy Acts Officer'' is changed to ``Manager, Records 
Office.'' The Manager, Records Office, reports to the CPO.
    The CPO is responsible for the issuance of policy on the protection 
of privacy and the release of Postal Service records, with the power to 
authorize the disclosure of such records, and to delegate or take 
appropriate action if that policy is not adhered to, or if questions of 
interpretation or procedure arise. The CPO directs the activities of 
the Privacy Office and the Records Office.
    The Manager, Records Office, is responsible for establishing 
procedures and guidelines to ensure that record management practices 
are in compliance with the Privacy Act and FOIA. The Manager, Records 
Office, may also delegate or take appropriate action if policies are 
not adhered to, or if questions of interpretation or procedures arise.
    This proposal further modifies part 265 to revise the fee structure 
for providing documents and records to the public under the FOIA. 
Postal Service FOIA fees have not been updated since 1987, and are 
substantially below allowable costs.
    The proposed FOIA fee structure changes in three ways. First, the 
fees will be assessed in half-hour increments, as opposed to quarter-
hour increments. Second, the fee will increase to $32 per hour, to 
reflect the current cost of providing FOIA services. The third change 
eliminates the ``clerical'' and ``professional/managerial'' 
designations of responders, merging the two groups into one.
    The use of half-hour increments is consistent with other agency 
practices and will allow for simpler administrative implementation. The 
proposed $32 per hour fee is based on the weighted average hourly 
salary with benefits under the Executive and Administrative Salary 
(EAS) Schedule, the class of personnel typically involved in providing 
FOIA services. The existing designations ``clerical'' and 
``professional/managerial'' are eliminated. Those terms are often not 
meaningful within this class of employees.
    Computer search fees, based on the Information Services Price List, 
have been updated with present costs related to current technology. The 
list has been replaced with rates to be assessed for computer 
processing time and personnel costs when information must be retrieved 
by computer, as follows:

------------------------------------------------------------------------
                                        Price             Unit
------------------------------------------------------------------------
                           Computer Processing
------------------------------------------------------------------------
Mainframe usage......................     $.39  per second
Midrange server usage................      .06  per second
PC usage.............................     7.00  per 15 minute
Printing computer output.............      .14  per page
Magnetic tape production.............    24.00  per volume
--------------------------------------
                                Personnel
------------------------------------------------------------------------
High technical.......................     $120  per hour
Medium technical.....................       70  per hour
Low technical........................       50  per hour
------------------------------------------------------------------------

    Lastly, the fee for business change-of-address information is 
eliminated.

List of Subjects

39 CFR Part 224

    Organization and functions (Government agencies).

39 CFR Parts 261, 262, and 263

    Archives and records.

39 CFR Part 264

    Archives and records, Security measures.

39 CFR Part 265

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

39 CFR Parts 266 and 268

    Privacy.

39 CFR Part 267

    Archives and records, Classified information, Privacy, Security 
measures.

    For the reasons stated in the preamble, the Postal Service proposes 
to amend 39 CFR parts 224, 261, and 262-268 as follows:

PART 224--[AMENDED]

    1. The authority citation for part 224 continues to read as 
follows:


[[Page 47528]]


    Authority: 5 U.S.C. App.3; 39 U.S.C. 203, 204, 401(2), 403, 404, 
409, 1001; Inspector General Act of 1978, as amended (Pub.L. 95-452, 
as amended).


Sec.  224.1  [Amended]

    2. In Sec.  224.1, paragraph (a), remove the words ``a Senior 
Assistant Postmaster General (SAPMG). The group consists of three 
departments, each headed by an Assistant Postmaster General and the 
Office of the Treasurer and the Records Office. The SAPMG, Finance, 
participates in the planning and budget process, and reviews and 
evaluates the budget requests of each region for the areas under 
control of the Finance Group.'' and add in their place the words 
``Chief Financial Officer and Executive Vice President. The group 
includes the following: Vice President, Chief Technology Officer; Vice 
President, Finance Controller; Vice President, Treasurer; Vice 
President, Supply Management; Manager, Corporate Financial Planning; 
Manager, Internal Control; and Manager, Finance Administration.''

PART 261--[AMENDED]

    3. The authority citation part 261 continues to read as follows:

    Authority: 39 U.S.C. 401.


Sec.  261.2  [Amended]

    4. In Sec.  261.2, paragraph (b), remove the word ``Finance'' and 
add in its place the words ``the Privacy Office'' .


Sec.  261.4  [Amended]

    5. Amend Sec.  261.4 as follows:
    a. In paragraph (a), remove the words ``manager, Administration and 
FOIA, under the Chief Financial Officer and Senior Vice President,'' 
and add in their place the words ``Manager, Records Office, under the 
Privacy Office''; and
    b. In paragraph (a) remove the word ``finance'' and add in its 
place the words ``Consumer Affairs''.
    c. Revise paragraph (b).
    d. Remove paragraph (c).
    The revision reads as follows:


Sec.  261.4  Responsibility.

* * * * *
    (b) The Chief Privacy Officer, under the Vice President and 
Consumer Advocate, is responsible for administering records and 
information management policies and for the compliance of all 
handbooks, directives, and instructions in support of this policy.

PART 262--[AMENDED]

    6. The authority citation for part 262 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552A; 39 U.S.C. 401.


Sec.  262.2  [Amended]

    7. Amend Sec.  262.2 as follows:
    a. Redesignate paragraphs (a), (c), and (d) as paragraphs (c), (d), 
and (e).
    b. Add new paragraph (a).
    c. Revise paragraph (b).
    d. In newly redesignated paragraph (e), remove the words ``Manager, 
Corporate Accounting'' and add in their place the words ``Records 
Office'' and remove the word ``official'' and add in its place the 
words ``Records Office is''.
    The addition and revision read as follows:


Sec.  262.2  Officials.

    (a) Chief Privacy Officer. The Chief Privacy Officer (CPO) is 
responsible for the issuance of policy on the protection of privacy and 
the release of Postal Service records with the power to authorize the 
disclosure of such records and to delegate or take appropriate action 
if that policy is not adhered to or if questions of interpretation or 
procedure arise. The CPO directs the activities of the Privacy Office 
and the Records Office.
    (b) Manager, Records Office. The Manager, Records Office, manages 
the Records Office, and is responsible for establishing procedures and 
guidelines to ensure that record management practices are in compliance 
with the Privacy Act and FOIA. The Manager, Records Office, may also 
delegate or take appropriate action if policies are not adhered to or 
if questions of interpretation or procedures arise.
* * * * *


Sec.  262.4  [Amended]

    8. Amend Sec.  262.4 as follows:
    a. In paragraph (a), remove the words ``office of Corporate 
Accounting or the National Archives and Records Administration'' and 
add in their place the words ``Records Office''.
    b. In paragraph (b), remove the words ``office of Corporate 
Accounting'' and add in their place the words ``Records Office''.


Sec.  262.5  [Amended]

    9. In Sec.  262.5, paragraph (d)(2), remove the words ``office of 
Administration and FOIA'' and add in their place the words ``Records 
Office'.

PART 263--[AMENDED]

    10. The authority citation for 39 CFR Part 263 continues to read as 
follows:

    Authority: 39 U.S.C. 401.


Sec.  263.3  [Amended]

    11. Amend Sec.  263.3 as follows: In paragraph (a), remove the 
words ``The Office of Corporate Accounting'' and add in their place the 
words ``Records Office''.


Sec.  263.4  [Amended]

    12. In Sec.  263.4, remove the words ``Corporate Accounting'' and 
add in their place the words ``the Records Office''.


Sec.  263.5  [Amended]

    13. Amend Sec.  263.5 as follows:
    a. Remove the words ``Corporate Accounting'' and add in their place 
the words ``Records Office''.
    b. Remove the digits ``5240''.
    c. Remove the words ``to the Records Specialist''.
    d. Remove the digits ``4869'' and add in their place the digits 
``2608''.

PART 264--[AMENDED]

    14. The authority citation for part 264 continues to read as 
follows:

    Authority: 39 U.S.C. 401.


Sec.  264.3  [Amended]

    15. In Sec.  264.3, paragraph (a), remove the words ``Corporate 
Accounting'' and add in their place the words ``Records Office''.

PART 265--[AMENDED]

    16. The authority citation for part 265 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403, 
410, 1001, 2601.


Sec.  265.3  [Amended]

    17. Amend Sec.  265.3 as follows:
    a. In paragraph (a), remove the words ``Sec.  262.2 (a)'' and add 
in their place the words ``Sec.  262.2 (c)''.
    b. In paragraph (b), remove the words ``Freedom of Information/
Privacy Acts Officer. The USPS Freedom of Information/Privacy Acts 
Officer, under the Manager, Administration and FOIA'' and add in their 
place the words ``Manager, Records Office. The Postal Service Manager, 
Records Office, under the Privacy Office''.


Sec.  265.4  [Amended]

    18. Amend Sec.  265.4 as follows:
    a. Remove the words ``USPS Freedom of Information/Privacy Acts 
Officer'' and add in their place the words ``Manager, Records Office''.
    b. Remove the digits ``5202''.


Sec.  265.5  [Amended]

    19. In Sec.  265.5, remove the designation ``.gov'' and add in its 
place the designation ``.com/foia''.


Sec.  265.6  [Amended]

    20. Amend Sec.  265.6 as follows:
    a. In paragraph (b), introductory text, remove the words ``Office 
of

[[Page 47529]]

Administration and FOIA'' and add in their place the words ``Records 
Office''.
    b. In paragraph (d)(1), remove the words ``upon payment of the fee 
prescribed in Sec.  265.9 (e)(3) and (g)(5),''.


Sec.  265.7  [Amended]

    21. Amend Sec.  265.7 as follows:
    a. In paragraph (a)(2), remove the words ``USPS Freedom of 
Information/Privacy Acts Officer'' and add in their place the words 
``Manager, Records Office''.
    b. In paragraph (a)(2), remove the digits ``5202''.
    c. In paragraph (a)(2), remove the words ``office of Administration 
and FOIA'' and add in their place the words ``Records Office''.


Sec.  265.9  [Amended]

    22. Amend Sec.  265.9 as follows:
    a. In paragraph (b)(1)(i), remove the words ``each quarter hour 
spent by clerical personnel in searching for records is $4.40. When a 
search cannot be performed by clerical personnel and must be performed 
by professional or managerial personnel, the fee for each quarter hour 
in searching for records is $5.35.'' and add in their place the words 
``a manual search is $32 per hour (fractions of an hour are rounded to 
the nearest half hour)''.
    b. In paragraph (b)(1)(ii), remove the words ``runs and operator 
salary, as calculated in accordance with the Information Services Price 
List'' and add in their place the words ``and personnel cost''.
    c. In paragraph (b)(1)(ii), remove the words ``list is'' and add in 
their place the words ``fees are''.
    d. In paragraph (b)(2)(ii), remove the words ``office of 
Administration and FOIA'' and add in their place the words ``Records 
Office''.
    e. In paragraph (b)(2)(iii), remove the phrase ``the per-page fee 
shall be charged'' and add the phrase ``the $.15 per-page fee shall be 
charged''; and
    f. In paragraph (b)(2)(iii), add to the third sentence the words 
``or her'' following the word ``his''.
    g. In paragraph (b)(3), revise the first two sentences.
    h. Remove paragraph (e)(3).
    i. In paragraph (g)(1), remove the words ``Fees shall not be'' and 
add in their place the words ``No fees shall be''.
    j. In paragraph (g)(1), remove the last sentence.
    k. In paragraph (g)(2)(i), remove the words ``the standard rates 
set out in the Information Services Price List'' and add in their place 
the words ``fee for computer searches''.
    l. In paragraph (g)(2), remove the words ``(including the cost of 
equipment use and operator's time) reaches the equivalent dollar amount 
of the operator's basic rate for two hours plus a factor to cover 
benefits.'' and add in their place the words ``(including the cost of 
personnel and computer processing time) reaches the equivalent dollar 
amount of personnel fees for two hours.''
    m. In paragraph (g)(4), remove the words ``office of Administration 
and FOIA'' and add in their place the words ``Manager, Records 
Office''.
    n. Revise paragraph (g)(5).
    The revisions read as follows:


Sec.  265.9  Schedule of fees.

* * * * *
    (b) * * *
    (3) * * * The fee for reviewing records located in response to a 
commercial use request is $32 per hour (fractions of an hour are 
rounded to the nearest half hour).
* * * * *
    (g) * * *
    (5) Fee for other services. Waivers do not apply for fees for 
address correction services performed in accordance with section R900 
of the Domestic Mail Manual.
* * * * *


Sec.  265.10  [Amended]

    23. In Sec.  265.10, remove the word ``.gov'' and add in its place 
the words ``.com/foia''.


Sec.  265.12  [Amended]

    24. Amend Sec.  265.12 as follows:
    a. In paragraph (b)(7), remove the words ``Freedom of Information/
Privacy Acts Officer'' and add in their place the words ``Manager, 
Records Office''.
    b. In paragraph (b)(7), remove the digits ``5202''.
    25. Revise Appendix A to read as follows:

Appendix A to Part 265--Fees for Computer Searches

    When requested information must be retrieved by computer, rates 
for personnel and computer time apply. Estimates are provided to the 
requester in advance and are based on the following rates:

------------------------------------------------------------------------
                                        Price             Unit
------------------------------------------------------------------------
                                Personnel
------------------------------------------------------------------------
High technical.......................     $120  per hour
Medium technical.....................       70  per hour
Low technical........................       50  per hour
--------------------------------------
                           Computer Processing
------------------------------------------------------------------------
Mainframe usage......................     $.39  per second
Midrange server usage................      .06  per second
PC usage.............................     7.00  per 15 minute
Printing computer output.............      .14  per page
Magnetic tape production.............    24.00  per volume
------------------------------------------------------------------------

PART 266--[AMENDED]

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

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


Sec.  266.3  [Amended]

    27. Amend Sec.  266.3 as follows:
    a. In paragraph (a), remove the words ``Freedom of Information/
Privacy Acts Officer. The USPS Freedom of Information/Privacy Acts 
Officer, under the Manager, Administration and FOIA'' and add in its 
place the words ``Records Office. The Records Office, within the 
Privacy Office''.
    b. In paragraph (c) remove the words ``office of Administration and 
FOIA'' and add in their place the words ``Records Office''.
    c. In paragraph (d)(2) remove the words ``Manager, Administration 
and FOIA'' and add in their place the words ``Chief Privacy Officer''.
    d. Revise paragraphs (d)(2)(i) through (vi) to read as follows:


Sec.  266.3  Responsibility.

* * * * *
    (d) * * *
    (2) * * *
    (i) Vice President and Consumer Advocate (Chairman).
    (ii) Chief Postal Inspector.
    (iii) Inspector General.
    (iv) Senior Vice President, Human Resources.
    (v) Vice President, General Counsel.
    (vi) Chief Privacy Officer.''


Sec.  266.4  [Amended]

    28. In Sec.  266.4, paragraph (b)(6)(i),(iii), and (iv), remove the 
words ``Freedom of Information/Privacy Acts Officer'' and add in their 
place the words ``Manager, Records Office''.


Sec.  266.5  [Amended]

    29. In Sec.  266.5, paragraph (d), remove the words ``office of 
Administration and FOIA'' and add in their place the words ``Records 
Office''.


Sec.  266.6  [Amended]

    30. Amend Sec.  266.6 as follows:
    a. In paragraph (a), remove the words ``Freedom of Information/
Privacy Acts Officer'' and add in their place the words ``Manager, 
Records Office''.
    b. In paragraph (a), remove the digits ``5202''.
    c. In paragraph (d), remove the words ``Freedom of Information/
Privacy Acts

[[Page 47530]]

Officer'' and add in their place the words ``Manager, Records Office''.


Sec.  266.7  [Amended]

    31. In Sec.  266.7, paragraph (a)(4), remove the words ``office of 
Administration and FOIA'' and add in their place the words ``General 
Counsel''.


Sec.  266.8  [Amended]

    32. In Sec.  266.8, paragraph (b)(3), remove the words ``the per 
page fee'' and add in their place the words ``$.15 per page fee''.


Sec.  266.10  [Amended]

    33. In Sec.  266.10, paragraphs (a), (b), and (d), remove the words 
``Freedom of Information/Privacy Acts Officer'' and add in their place 
the words ``Manager, Records Office''.

PART 267--[AMENDED]

    34. The authority citation for part 267 continues to read as 
follows:

    Authority: 39 U.S.C. 401; Pub. L. 93-579, 88 Stat. 1896.


Sec.  267.3  [Amended]

    35. In Sec.  267.3, paragraph (a), remove the words ``Freedom of 
Information/Privacy Acts Officer'' and add in their place the words 
``Chief Privacy Officer''.


Sec.  267.5  [Amended]

    36. Amend Sec.  267.5 as follows:
    a. In paragraph (e)(3)(i), remove the words ``Manager, 
Administration and FOIA'' and add, in their place, the words ``Manager, 
Records Office''.
    b. In paragraph (e)(3)(i), remove the digits ``5202''.

PART 268--[AMENDED]

    37. The authority citation for part 268 continues to read as 
follows:

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


Sec.  268.1  [Amended]

    38. In Sec.  268.1, paragraph (b), remove the words ``Freedom of 
Information/Privacy Acts Officer'' and add in their place the words 
``Manager, Records Office''.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 03-20358 Filed 8-8-03; 8:45 am]
BILLING CODE 7710-12-P