[Federal Register Volume 68, Number 190 (Wednesday, October 1, 2003)]
[Rules and Regulations]
[Pages 56557-56560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24914]


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POSTAL SERVICE

39 CFR Parts 224, 261 through 268


Release of Information and Records Management Changes

AGENCY: Postal Service .

ACTION: Final rule.

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SUMMARY: The Postal Service revises 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). These revisions (1) Update organizational names 
and titles that changed as a result of agency restructuring, (2) 
reflect to whom the public should address issues relating to the 
release of information and records management, and (3) change the fee 
structure to permit the recovery of current costs incurred in the 
furnishing of records to the public.

DATES: This rule is effective September 30, 2003.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 11, 2003, the Postal Service published a proposed rule in 
the Federal Register (68 FR 47527). In that notice, we proposed:
    [sbull] Revising the organizational names and titles in the 
policies relating to releasing information and managing records.
    [sbull] Revising the fee structure for furnishing documents and 
records to members of the public under the Freedom of Information Act 
(FOIA).

Discussion of Comments

    The Postal Service received comments from one party regarding the 
proposed rule changes.
    Comments: The party objected to fee increase amounts, the 
unification of the rate structure, and the change to half-hour 
assessments.
    Response: The FOIA requires fees to be based upon direct operating 
costs of providing FOIA services, which recoup full allowable direct 
costs incurred. The Postal Service has not updated its FOIA fees since 
1987, a period of 16 years. During that time, personnel costs have 
risen substantially.
    The fee increases, along with the unification of the rate 
structure, are based on the weighted average salaries of employees 
responsible for providing FOIA services. The class of Postal Service 
personnel providing FOIA services is Executive and Administrative 
Salary Schedule (EAS) employees, levels EAS 1 through EAS 26. The 
administrative/clerical and professional/executive categories did not 
work appropriately in an EAS environment. The levels and job duties 
performed can vary considerably, such as between Headquarters and field 
units, with some positions having both administrative and professional 
aspects. The rate structure for providing FOIA services was unified to 
appropriately align with Postal Service employee classifications. In 
addition, this will likely reduce the FOIA fees charged, because most 
personnel processing FOIAs are EAS positions that more typically would 
be classified as professional, and thus would assess fees at the higher 
category.
    The use of half-hour increments to assess fees will be easier to 
implement administratively, and is consistent with other agencies' fee 
regulations. In addition, on average, FOIA fees should not increase, 
because charges will be to the nearest half hour, as opposed to being 
rounded upward. Fees for computer searches were updated to reflect 
current costs and current technology. Certain computer fees remain 
charged at 15-minute increments because it is less administratively 
burdensome to track those time increments for computer searches than 
for manual searches. Computer personnel fees may involve programming 
necessary to retrieve data in response to specific requests. 
Programming varies in degrees of technical complexity, and is reflected 
in separate fee categories.

Changes to References

    After issuing the proposed rule, the Postal Service identified 
several incorrect references. We corrected those references in this 
final rule.

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.

[[Page 56558]]

39 CFR Parts 266 and 268

    Privacy.

39 CFR Part 267

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

0
For the reasons stated in the preamble, the Postal Service amends 39 
CFR parts 224, 261, and 262 through 268 as follows:

PART 224--[AMENDED]

0
1. The authority citation for part 224 continues to read as follows:

    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]

0
2. Amend Sec.  224.1, as follows:
0
a. In 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.''
0
b. Remove paragraph (f).

PART 261--[AMENDED]

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

    Authority: 39 U.S.C. 401.

Sec.  261.2  [Amended]

0
4. In Sec.  261.2, paragraph (b), revise the first sentence to read as 
follows:


Sec.  261.2  Authority.

    (a) * * *
    (b) 39 CFR 262.2 assigns to the Postal Service Records Office, 
located under the Privacy Office responsibility for the retention, 
security, and privacy of Postal Service records and the power to 
authorize the disclosure of such records and to order their disposal by 
destruction or transfer.* * *


Sec.  261.4  [Amended]

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5. Amend Sec.  261.4 as follows:
0
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,''.
0
b. In paragraph (a) remove the word ``finance'' and add in its place 
the words ``Consumer Affairs''.
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c. Revise paragraph (b) to read as follows:


Sec.  261.4  Responsibility.

    (a) * * *
    (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]

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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]

0
7. Amend Sec.  262.2 as follows:
0
a. Redesignate paragraphs (a), (c), and (d) as paragraphs (c), (d), and 
(e).
0
b. Add new paragraph (a).
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c. Revise paragraph (b).
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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]

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8. Amend Sec.  262.4 as follows:
0
a. In paragraph (a), remove the words ``office of Corporate 
Accounting'' and add in their place the words ``Records Office''.
0
b. In paragraph (b), first sentence, remove the words ``office of 
Corporate Accounting'' and add in their place the words ``Records 
Office''.


Sec.  262.5  [Amended]

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

PART 263--[AMENDED]

0
10. The authority citation for 39 CFR Part 263 continues to read as 
follows:

    Authority: 39 U.S.C. 401.

Sec.  263.3  [Amended]

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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]

0
12. In Sec.  263.4, remove the words ``Corporate Accounting'' and add 
in their place the words ``the Records Office''.


Sec.  263.5  [Amended]

0
13. Amend Sec.  263.5 as follows:
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a. Remove the words ``Corporate Accounting'' and add in their place the 
words ``Records Office''.
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b. Remove the digits ``5240''.
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c. Remove the words ``to the Records Specialist''.
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d. Remove the digits ``4869'' and add in their place the digits 
``2608''.

PART 264--[AMENDED]

0
14. The authority citation for part 264 continues to read as follows:

    Authority: 39 U.S.C. 401.


Sec.  264.3  [Amended]

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

PART 265--[AMENDED]

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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]

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17. Amend Sec.  265.3 as follows:
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a. In paragraph (a), remove the words ``Sec.  262.2 (a)'' and add in 
their place the words ``Sec.  262.2 (c)''.

[[Page 56559]]

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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]

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18. Amend Sec.  265.4 as follows:
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a. Remove the words ``USPS Freedom of Information/Privacy Acts 
Officer'' and add in their place the words ``Manager, Records Office''.
0
b. Remove the digits ``5202''.


Sec.  265.5  [Amended]

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


Sec.  265.6  [Amended]

0
20. Amend Sec.  265.6 as follows:
0
a. In paragraph (b), introductory text, remove the words ``office of 
Administration and FOIA'' and add in their place the words ``Records 
Office''.
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b. In paragraph (b)(3)(ii), remove the words ``940 of the Domestic Mail 
Manual (DMM)'' and add in their place the words ``R900 of the Domestic 
Mail Manual (DMM)''.
0
c. In paragraph (d)(1), first sentence, remove the words ``upon payment 
of the fee prescribed in Sec.  265.9 (e)(3) and (g)(5),''.
0
d. In paragraph (d)(1), first sentence, remove the reference ``(d)(4)'' 
and add in its place the reference ``(d)(5)''.
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e. In paragraph (d)(1), third sentence, remove the references 
``(d)(4)(i), (d)(4)(iii), or (d)(4)(iv)'' and add in their place the 
references ``(d)(5)(i), (d)(5)(iii), or (d)(5)(iv)''.
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f. In paragraph (d)(1), remove last sentence.
0
g. In paragraph (d)(4)(i), remove the references ``(d)(3)(iii)'', 
``(d)(4)(i)'', and ``(d)(4)(iii)'' and add in their place the 
references ``(d)(4)(iii)'', ``(d)(5)(i)'', and ``(d)(5)(iii)'', 
respectively.
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h. In paragraph (d)(4)(ii), remove the references ``(d)(3)(iii)'', 
``(d)(4)(i)'', and ``(d)(4)(iii)'' and add in their place the 
references ``(d)(4)(iii)'', ``(d)(5)(i)'', and ``(d)(5)(iii)'', 
respectively.
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i. In paragraph (d)(5)(ii)(F), remove the references ``(d)(4)(i), 
(d)(4)(iii), or (d)(4)(iv)'' and add in their place the references 
``(d)(5)(i), (d)(5)(iii), or (d)(5)(iv)''.
0
j. In paragraph (d)(5)(iv), remove the reference ``(d)(4)(i)'' and add 
in its place the reference ``(d)(5)(i)''.
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k. In paragraph (d)(9)(i), remove the references ``(d)(4)(i) and 
(d)(4)(iii)'' and add in their place the references ``(d)(5)(i) and 
(d)(5)(iii)''.


Sec.  265.7  [Amended]

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21. Amend Sec.  265.7 as follows:
0
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''.
0
b. In paragraph (a)(2), remove the digits ``5202''.
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c. In paragraph (a)(2), last sentence, remove the words ``office of 
Administration and FOIA'' and add in their place the words ``Records 
Office''.


Sec.  265.9  [Amended]

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22. Amend Sec.  265.9 as follows:
0
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)''.
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b. In paragraph (b)(1)(ii), first sentence, 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''.
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c. In paragraph (b)(1)(ii), second sentence and last sentence, remove 
the words ``list is'' and add in their place the words ``fees are''.
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d. In paragraph (b)(2)(ii), remove the words ``office of Administration 
and FOIA'' and add in their place the words ``Records Office''.
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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
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f. In paragraph (b)(2)(iii), add to the third sentence the words ``or 
her'' following the word ``his''.
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g. In paragraph (b)(3), remove the first two sentences and add one new 
sentence in its place.
0
h. Remove paragraph (e)(3).
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i. In paragraph (g)(1), remove the words ``Fees shall not be'' and add 
in their place the words ``No fees shall be''.
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j. In paragraph (g)(1), remove the last sentence.
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k. In paragraph (g)(2)(i), second sentence, 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''.
0
l. In paragraph (g)(2)(i), last sentence, 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 2 hours.''
0
m. In paragraph (g)(4), remove the words ``office of Administration and 
FOIA'' and add in their place the words ``Manager, Records Office''.
0
n. Revise paragraph (g)(5).
    The revision reads 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]

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


Sec.  265.12  [Amended]

0
24. Amend Sec.  265.12 as follows:
0
a. In paragraph (b)(7), remove the words ``Freedom of Information/
Privacy Acts Officer'' and add in their place the words ``Manager, 
Records Office''.
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b. In paragraph (b)(7), remove the digits ``5202''.

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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, fees 
charged to the requester are based on rates for personnel and 
computer time. 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 minutes.
  Printing computer output...........      .14  per page.
  Magnetic tape production...........    24.00  per volume.
------------------------------------------------------------------------


[[Page 56560]]

PART 266--[AMENDED]

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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]

0
27. Amend Sec.  266.3 as follows:
0
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''.
0
b. In paragraph (c) remove the words ``office of Administration and 
FOIA'' and add in their place the words ``Records Office''.
0
c. In paragraph (d)(2) remove the words ``Manager, Administration and 
FOIA'' and add in their place the words ``Chief Privacy Officer''.
0
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]

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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]

0
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]

0
30. Amend Sec.  266.6 as follows:
0
a. In paragraph (a), first sentence, remove the words ``Freedom of 
Information/Privacy Acts Officer'' and add in their place the words 
``Manager, Records Office''.
0
b. In paragraph (a), remove the digits ``5202''.
0
c. In paragraph (d), remove the words ``Freedom of Information/Privacy 
Acts Officer'' and add in their place the words ``Manager, Records 
Office''.


Sec.  266.7  [Amended]

0
31. In Sec.  266.7, paragraph (a)(4), last sentence, remove the words 
``office of Administration and FOIA'' and add in their place the words 
``General Counsel''.


Sec.  266.8  [Amended]

0
32. In Sec.  266.8, paragraph (b)(3), second sentence, remove the words 
``the per page fee'' and add in their place the words ``$.15 per page 
fee''.


Sec.  266.10  [Amended]

0
33. Amend Sec.  266.10 as follows:
0
a. In paragraph (a), first sentence, paragraph (b), second sentence, 
paragraph (c), and paragraph (d)(2), remove the words ``USPS Freedom of 
Information/Privacy Acts Officer'' and add in their place the words 
``Postal Service Manager Records Office''.
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b. In Sec.  266.10, paragraph (a), fourth sentence, paragraph (b), last 
sentence, and paragraph (d), second sentence, remove the words 
``Freedom of Information/Privacy Acts Officer'' and add in their place 
the words ``Manager, Records Office''.

PART 267--[AMENDED]

0
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]

0
35. In Sec.  267.3, paragraph (a) introductory text, remove the words 
``Freedom of Information/Privacy Acts Officer'' from both the heading 
and the first sentence, and add in their place the words ``Chief 
Privacy Officer''.


Sec.  267.5  [Amended]

0
36. Amend Sec.  267.5 as follows:
0
a. In paragraph (e)(3)(i), remove the words ``Manager, Administration 
and FOIA'' and add, in their place, the words ``Manager, Records 
Office''.
0
b. In paragraph (e)(3)(i), remove the digits ``5202''.

PART 268--[AMENDED]

0
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]

0
38. In Sec.  268.1, paragraph (b), second sentence, remove the words 
``Freedom of Information/Privacy Acts Officer'' and add in their place 
the words ``Manager, Records Office''.

Neva R. Watson,
Attorney, Legislative.
[FR Doc. 03-24914 Filed 9-30-03; 8:45 am]
BILLING CODE 7710-12-U