[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22512-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8446]



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Part III





Postal Service





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39 CFR Parts 265 and 266



Release of Information, Privacy of Information; Final Rule, Privacy Act 
of 1974, System of Records; Notice

  Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules 
and Regulations  

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POSTAL SERVICE

39 CFR Parts 265 and 266


Release of Information, Privacy of Information

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This rule amends the Postal Service regulations on the release 
of information and privacy of information.

DATES: This rule is effective April 29, 2005.

FOR FURTHER INFORMATION CONTACT: Jane Eyre at (202) 268-2608.

SUPPLEMENTARY INFORMATION: The Postal ServiceTM has revised 
and republished all of its Privacy Act systems of records, which 
changes the titles and numbers of the systems of records and modifies 
the routine uses related to the release of information. This notice 
publishes corresponding changes to agency rules related to release of 
information and exemptions.

List of Subjects

39 CFR Part 265

    Release of information.

39 CFR Part 266

    Privacy of information.


0
For the reasons set forth in the preamble, the Postal Service is 
amending parts 265 and 266 as follows:

PART 265--RELEASE OF INFORMATION

0
1. 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.

0
2. Revise paragraphs (d)(3), (d)(4), (d)(5), and (d)(9) of Sec.  265.6 
to read as follows:


Sec.  265.6  Availability of records.

* * * * *
    (d) * * *
    (3) Name and address of postage evidencing user. The name and 
address of an authorized user of a postage meter or PC Postage product 
(postage evidencing systems) printing a specified indicium will be 
furnished to any person upon the payment of any fees authorized by 
paragraph (b) of Sec.  265.9, provided the user is using the postage 
meter or PC Postage product for business purposes. The request for this 
information must be sent to the manager of Postage Technology 
Management, Postal Service Headquarters. The request must include the 
original or a photocopy of the envelope or wrapper on which the postage 
meter or PC postage indicium in question is printed, and a copy or 
description of the contents to support that the sender is a business or 
firm and not an individual. (Lists of authorized users of postage 
meters or PC Postage products may not be disclosed to members of the 
public.)
    (4) Post Office boxholder information. Information from PS Form 
1093, Application for Post Office Box or Caller Service, will be 
provided as follows:
    (i) Except as provided in paragraph (d)(4)(iii) of this section, 
the boxholder applicant name and address from PS Form 1093 will be 
provided only in those circumstances stated in paragraphs (d)(5)(i) 
through (d)(5)(iii) of this section.
    (ii) Except as provided in paragraph (d)(4)(iii) of this section, 
the names of persons listed as receiving mail, other than the boxholder 
applicant, will be furnished from PS Form 1093 only in those 
circumstances stated in paragraphs (d)(5)(i) and (d)(5)(iii) of this 
section.
    (iii) When a copy of a protective order has been filed with the 
postmaster, information from PS Form 1093 will not be disclosed except 
pursuant to the order of a court of competent jurisdiction.
    (5) Exceptions. Except as otherwise provided in these regulations, 
names or addresses of Postal Service customers will be furnished only 
as follows:
    (i) To a federal, state or local government agency upon prior 
written certification that the information is required for the 
performance of its duties. The Postal Service requires government 
agencies to use the format appearing at the end of this section when 
requesting the verification of a customer's current address or a 
customer's new mailing address. If the request lacks any of the 
required information or a proper signature, the postmaster will return 
the request to the agency, specifying the deficiency in the space 
marked `OTHER'. A copy of PS Form 1093 may be provided.
    (ii) To a person empowered by law to serve legal process, or the 
attorney for a party in whose behalf service will be made, or a party 
who is acting pro se, upon receipt of written information that 
specifically includes all of the following: (A) A certification that 
the name or address is needed and will be used solely for service of 
legal process in connection with actual or prospective litigation; (B) 
a citation to the statute or regulation that empowers the requester to 
serve process, if the requester is other than the attorney for a party 
in whose behalf service will be made, or a party who is acting pro se; 
(C) the names of all known parties to the litigation; (D) the court in 
which the case has been or will be commenced; (E) the docket or other 
identifying number, if one has been issued; and (F) the capacity in 
which the boxholder is to be served, e.g., defendant or witness. By 
submitting such information, the requester certifies that it is true. 
The address of an individual who files with the postmaster a copy of a 
protective court order will not be disclosed except as provided under 
paragraphs (d)(5)(i), (d)(5)(iii), or (d)(5)(iv) of this section. A 
copy of Form 1093 will not be provided.
    The Postal Service suggests use of the standard format appearing at 
the end of this section when requesting information under this 
paragraph. When using the standard format on the submitter's own 
letterhead, the standard format must be used in its entirety. The 
warning statement and certification specifically must be included 
immediately before the signature block. If the request lacks any of the 
required information or a proper signature, the postmaster will return 
it to the requester specifying the deficiency.


    Note: The term pro se means that a party is not represented by 
an attorney but by himself or herself.


    (iii) In compliance with a subpoena or court order, except that 
change of address or boxholder information which is not otherwise 
subject to disclosure under these regulations may be disclosed only 
pursuant to a court order.
    (iv) To a law enforcement agency, for oral requests made through 
the Inspection Service, but only after the Inspection Service has 
confirmed that the information is needed in the course of a criminal 
investigation. (All other requests from law enforcement agencies should 
be submitted in writing to the postmaster as in paragraph (d)(5)(i) of 
this section.)
* * * * *
    (9) Private mailbox information. Information from PS Form 1583, 
Application for Delivery of Mail Through Agent, will be provided as 
follows:
    (i) Except as provided in paragraph (d)(9)(iii) of this section, 
information from PS Form 1583 will be provided only in the circumstance 
stated in paragraph (d)(5)(iii) of this section.
    (ii) To the public only for the purpose of identifying a particular 
address as an address of an agent to whom mail is delivered on behalf 
of other persons. No other information, including, but not limited to, 
the identities of persons on whose behalf agents receive mail, may be 
disclosed to the public from PS Form 1583.

[[Page 22513]]

    (iii) Information concerning an individual who has filed a 
protective court order with the postmaster will not be disclosed except 
pursuant to the order of a court of competent jurisdiction.
* * * * *

PART 266--PRIVACY OF INFORMATION

0
3. The authority citation for part 266 continues to read as follows:

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


0
4. Section 266.9 is revised to read as follows:


Sec.  266.9  Exemptions.

    (a) Subsections 552a(j) and (k) of 5 U.S.C. 552a empower the 
Postmaster General to exempt systems of records meeting certain 
criteria from various other subsections of 5 U.S.C. 552a. With respect 
to systems of records so exempted, nothing in this part shall require 
compliance with provisions hereof implementing any subsections of 5 
U.S.C. 552a from which those systems have been exempted.
    (b) Paragraph (b)(1) of this section contains a summary of 
provisions of 5 U.S.C. 552a for which exemption is claimed for some 
systems of records pursuant to, and to the extent permitted by, 
subsections 552a(j) and (k) of 5 U.S.C. 552a. Paragraphs (b)(2) through 
(5) of this section identify the exempted systems of records, the 
exemptions applied to each, and the reasons for the exemptions:
    (1) Explanation of provisions under 5 U.S.C. 552a for which an 
exemption is claimed in the systems discussed below.
    (i) Subsection (c)(3) requires an agency to make available to the 
individual named in the records an accounting of each disclosure of 
records.
    (ii) Subsection (c)(4) requires an agency to inform any person or 
other agency to which a record has been disclosed of any correction or 
notation of dispute the agency has made to the record in accordance 
with 5 U.S.C. 552a(d).
    (iii) Subsections (d)(1) through (4) require an agency to permit an 
individual to gain access to records about the individual, to request 
amendment of such records, to request a review of an agency decision 
not to amend such records, and to provide a statement of disagreement 
about a disputed record to be filed and disclosed with the disputed 
record.
    (iv) Subsection (e)(1) requires an agency to maintain in its 
records only such information about an individual that is relevant and 
necessary to accomplish a purpose required by statute or executive 
order of the President.
    (v) Subsection (e)(2) requires an agency to collect information to 
the greatest extent practicable directly from the subject individual 
when the information may result in adverse determinations about an 
individual's rights, benefits, and privileges under federal programs.
    (vi) Subsection (e)(3) requires an agency to inform each person 
whom it asks to supply information of the authority under which the 
information is sought, the purposes for which the information will be 
used, the routine uses that may be made of the information, whether 
disclosure is mandatory or voluntary, and the effects of not providing 
the information.
    (vii) Subsection (e)(4)(G) and (H) requires an agency to publish a 
Federal Register notice of its procedures whereby an individual can be 
notified upon request whether the system of records contains 
information about the individual, how to gain access to any record 
about the individual contained in the system, and how to contest its 
content.
    (viii) Subsection (e)(5) requires an agency to maintain its records 
with such accuracy, relevance, timeliness, and completeness as is 
reasonably necessary to ensure fairness to the individual in making any 
determination about the individual.
    (ix) Subsection (e)(8) requires an agency to make reasonable 
efforts to serve notice on an individual when any record on such 
individual is made available to any person under compulsory legal 
process when such process becomes a matter of public record.
    (x) Subsection (f) requires an agency to establish procedures 
whereby an individual can be notified upon request if any system of 
records named by the individual contains a record pertaining to the 
individual, obtain access to the record, and request amendment.
    (xi) Subsection (g) provides for civil remedies if an agency fails 
to comply with the access and amendment provisions of subsections 
(d)(1) and (d)(3), and with other provisions of 5 U.S.C. 552a, or any 
rule promulgated thereunder, in such a way as to have an adverse effect 
on an individual.
    (xii) Subsection (m) requires an agency to cause the requirements 
of 5 U.S.C. 552a to be applied to a contractor operating a system of 
records to accomplish an agency function.
    (2) Pursuant to subsection 552a(j)(2), Emergency Management 
Records, USPS 500.300; Inspection Service Investigative File System, 
USPS 700.000; Mail Cover Program Records, USPS 700.100; and Inspector 
General Investigative Records, USPS 700.300, are exempt from 
subsections 552a (c)(3), (c)(4), (d)(1)-(4), (e)(1)-(3), (e)(4) (G) and 
(H), (e)(5), (e)(8), (f), (g), and (m) because the systems contain 
information pertaining to the enforcement of criminal laws. The reasons 
for exemption follow:
    (i) Disclosure to the record subject pursuant to subsections 
(c)(3), (c)(4), or (d)(1)-(4) could:
    (A) Alert subjects that they are targets of an investigation or 
mail cover by the Postal Inspection Service or an investigation by the 
Office of Inspector General;
    (B) Alert subjects of the nature and scope of the investigation and 
of evidence obtained;
    (C) Enable the subject of an investigation to avoid detection or 
apprehension;
    (D) Subject confidential sources, witnesses, and law enforcement 
personnel to harassment or intimidation if their identities were 
released to the target of an investigation;
    (E) Constitute unwarranted invasions of the personal privacy of 
third parties who are involved in a certain investigation;
    (F) Intimidate potential witnesses and cause them to be reluctant 
to offer information;
    (G) Lead to the improper influencing of witnesses, the destruction 
or alteration of evidence yet to be discovered, the fabrication of 
testimony, or the compromising of classified material; and
    (H) Seriously impede or compromise law enforcement, mail cover, or 
background investigations that might involve law enforcement aspects as 
a result of the above.
    (ii) Application of subsections (e)(1) and (e)(5) is impractical 
because the relevance, necessity, or correctness of specific 
information might be established only after considerable analysis and 
as the investigation progresses. As to relevance (subsection (e)(1)), 
effective law enforcement requires the keeping of information not 
relevant to a specific Postal Inspection Service investigation or 
Office of Inspector General investigation. Such information may be kept 
to provide leads for appropriate law enforcement and to establish 
patterns of activity that might relate to the jurisdiction of the 
Office of Inspector General, Postal Inspection Service, and/or other 
agencies. As to accuracy (subsection (e)(5)), the correctness of 
records

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sometimes can be established only in a court of law.
    (iii) Application of subsections (e)(2) and (e)(3) would require 
collection of information directly from the subject of a potential or 
ongoing investigation. The subject would be put on alert that he or she 
is a target of an investigation by the Office of Inspector General, or 
an investigation or mail cover by the Postal Inspection Service, 
enabling avoidance of detection or apprehension, thereby seriously 
compromising law enforcement, mail cover, or background investigations 
involving law enforcement aspects. Moreover, in certain circumstances 
the subject of an investigation is not required to provide information 
to investigators, and information must be collected from other sources.
    (iv) The requirements of subsections (e)(4)(G) and (H), and (f) do 
not apply because this system is exempt from the provisions of 
subsection (d). Nevertheless, the Postal Service has published notice 
of its notification, access, and contest procedures because access is 
appropriate in some cases.
    (v) Application of subsection (e)(8) could prematurely reveal an 
ongoing criminal investigation to the subject of the investigation.
    (vi) The provisions of subsection (g) do not apply because 
exemption from the provisions of subsection (d) renders the provisions 
on suits to enforce subsection (d) inapplicable.
    (vii) If one of these systems of records is operated in whole or in 
part by a contractor, the exemptions claimed herein shall remain 
applicable to it (subsection (m)).
    (3) Pursuant to subsection 552a(k)(2), Labor Relations Records, 
USPS 200.000; Emergency Management Records, USPS 500.300; Inspection 
Service Investigative File System, USPS 700.000; Mail Cover Program 
Records, USPS 700.100; Inspector General Investigative Records, USPS 
700.300; and Financial Transactions, USPS 860.000, are exempt from 
certain subsections of 5 U.S.C. 552a because the systems contain 
investigatory material compiled for law enforcement purposes other than 
material within the scope of subsection 552a(j)(2).
    (i) Emergency Management Records, USPS 500.300; Inspection Service 
Investigative File System, USPS 700.000; Mail Cover Program Records, 
USPS 700.100; and Inspector General Investigative Records, USPS 
700.300, are exempt from subsections 552a(c)(3), (d)(1)-(4), (e)(1), 
(e)(4) (G) and (H), and (f) for the same reasons as stated in paragraph 
(b)(2) of this section.
    (ii) Labor Relations Records, USPS 200.000, is exempt from 
subsections 552a(d)(1)-(4), (e)(4)(G) and (H), and (f) for the 
following reasons:
    (A) Application of the requirements at subsections (d)(1)-(4) would 
cause disruption of enforcement of the laws relating to equal 
employment opportunity (EEO). It is essential to the integrity of the 
EEO complaint system that information collected in the investigative 
process not be prematurely disclosed and that witnesses be free from 
restraint, interference, coercion, or reprisal.
    (B) The requirements of subsections (e)(4)(G) and (H), and (f) do 
not apply for the same reasons described in paragraph (b)(2)(iv) of 
this section.
    (iii) Financial Transactions, USPS 860.000, is exempt from 
subsections 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4)(G) and (H), and (f) 
for the following reasons:
    (A) Disclosure to the record subject pursuant to subsections (c)(3) 
and (d)(1)-(4) would violate the non-notification provision of the Bank 
Secrecy Act, 31 U.S.C. 5318(g)(2), under which the Postal Service is 
prohibited from notifying a transaction participant that a suspicious 
transaction report has been made. In addition, the access provisions of 
subsections (c)(3) and (d)(1)-(4) would alert individuals that they 
have been identified as suspects or possible subjects of investigation 
and thus seriously hinder the law enforcement purposes underlying the 
suspicious transaction reports.
    (B) This system is in compliance with subsection (e)(1) because 
maintenance of the records is required by law. Strict application of 
the relevance and necessity requirements of subsection (e)(1) to 
suspicious transactions would be impractical, however, because the 
relevance or necessity of specific information can often be established 
only after considerable analysis and as an investigation progresses.
    (C) The requirements of subsections (e)(4)(G) and (H), and (f) do 
not apply because this system is exempt from the provisions of 
subsection (d). Nevertheless, the Postal Service has published notice 
of its notification, access, and contest procedures because access is 
appropriate in some cases.
    (4) Pursuant to subsection 552a(k)(5), Recruiting, Examining, and 
Placement Records, USPS 100.100; Labor Relations Records, USPS 200.000; 
Inspection Service Investigative File System, USPS 700.000; and 
Inspector General Investigative Records, USPS 700.300 are exempt from 
certain subsections of 5 U.S.C. 552a because the systems contain 
investigatory material compiled for the purpose of determining 
suitability, eligibility, or qualifications for employment, contracts, 
or access to classified information.
    (i) Recruiting, Examining, and Placement Records, USPS 100.100, is 
exempt from subsections 552a(d)(1)-(4) and (e)(1) for the following 
reasons:
    (A) During its investigation and evaluation of an applicant for a 
position, the Postal Service contacts individuals who, without an 
assurance of anonymity, would refuse to provide information concerning 
the subject of the investigation. If a record subject were given access 
pursuant to subsection (d)(1)-(4), the promised confidentiality would 
be breached and the confidential source would be identified. The result 
would be restriction of the free flow of information vital to a 
determination of an individual's qualifications and suitability for 
appointment to or continued occupancy of his or her position.
    (B) In collecting information for investigative and evaluative 
purposes, it is impossible to determine in advance what information 
might be of assistance in determining the qualifications and 
suitability of an individual for appointment. Information that seems 
irrelevant, when linked with other information, can sometimes provide a 
composite picture of an individual that assists in determining whether 
that individual should be appointed to or retained in a position. For 
this reason, exemption from subsection (e)(1) is claimed.
    (C) The requirements of subsections (e)(4)(G) and (H), and (f) do 
not apply because this system is exempt from the provisions of 
subsection (d). Nevertheless, the Postal Service has published notice 
of its notification, access, and contest procedures because access is 
appropriate in some cases.
    (ii) Labor Relations Records, USPS 200.000, is exempt from 
subsections 552a(d)(1)-(4), (e)(4)(G) and (H), and (f) for the 
following reasons:
    (A) Application of the provisions at subsection (d)(1)-(4) would 
reveal to the EEO complainant the identity of individuals who supplied 
information under a promise of anonymity. It is essential to the 
integrity of the EEO complaint system that information collected in the 
investigative process not be prematurely disclosed and that witnesses 
be free from restraint, interference, coercion, or reprisal.
    (B) The requirements of subsections (e)(4)(G) and (H), and (f) do 
not apply because this system is exempt from the provisions of 
subsection (d). Nevertheless, the Postal Service has published notice 
of its notification,

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access, and contest procedures because access is appropriate in some 
cases.
    (iii) Inspection Service Investigative File System, USPS 700.000; 
and Inspector General Investigative Records, USPS 700.300, are exempt 
from subsections 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4) (G) and (H), 
and (f) for the same reasons as stated in paragraph (b)(2) of this 
section.
    (5) Pursuant to subsection 552a(k)(6), Employee Development and 
Training Records, USPS 100.300; Personnel Research Records, 100.600; 
and Emergency Management Records, USPS 500.300 are exempt from 
subsections 552a(d)(1)-(4), (e)(4)(G) and (H), and (f) because the 
systems contain testing or examination material the disclosure of which 
would compromise the objectivity or fairness of the material. The 
reasons for exemption follow:
    (i) These systems contain questions and answers to standard testing 
materials, the disclosure of which would compromise the fairness of the 
future use of these materials. It is not feasible to develop entirely 
new examinations after each administration as would be necessary if 
questions or answers were available for inspection and copying. 
Consequently, exemption from subsection (d) is claimed.
    (ii) The requirements of subsections (e)(4)(G) and (H), and (f) do 
not apply because this system is exempt from the provisions of 
subsection (d). Nevertheless, the Postal Service has published notice 
of its notification, access, and contest procedures because access is 
appropriate in some cases.

Neva Watson,
Attorney, Legislative.
[FR Doc. 05-8446 Filed 4-28-05; 8:45 am]
BILLING CODE 7710-12-P