[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Page 2896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00106]


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POSTAL SERVICE

39 CFR Part 265


Production or Disclosure of Material or Information

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The United States Postal Service[supreg] (Postal Service) is 
responding to public comments regarding the amendment of its 
regulations concerning compliance with the Freedom of Information Act 
(FOIA) to implement the changes to the procedures for the disclosure of 
records and for engaging in dispute resolution required by the FOIA 
Improvement Act of 2016. Upon review and evaluation of such comments, 
the Postal Service has found that one change to the regulations is 
necessary.

DATES: Effective date: January 10, 2017.

FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, 
Federal Compliance, [email protected], (202) 268-2944.

SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the 
Postal Service published notice of amendments to 39 CFR part 265 to 
implement changes required by the FOIA Improvement Act of 2016 
(FOIAIA), Public Law 114-185 (June 30, 2016). These changes were 
effective on December 27, 2016.
    In response to this notice, we received comments that generally 
supported the amendments to the regulations, but questioned the 
definition of a ``representative of the news media'' in the 
regulations. The Postal Service has reviewed these comments, and has 
concluded that one change should be made to the definition in question.
    Our responses to the comments received, as grouped and categorized 
for convenience, are as follows.
    Question 1: Why did the Postal Service fail to eliminate the 
``organized and operated'' standard from the definition of a 
representative of the news media in 39 CFR part 265.9(b)(8) in 
accordance with 5 U.S.C. part 552(a)(4)(a), recent case law, and the 
Open Government Act of 2007?
    Answer: Thank you for bringing this our attention. We will 
eliminate the ``organized and operated'' standard from the definition 
of a representative of the news media in 39 CFR 265.9(b)(8).
    Question 2: Why did the Postal Service fail to eliminate the 
requirement that a news media requester use ``editorial skills'' to 
turn ``raw materials'' into a ``distinct work'' as a ``simple press 
release commenting on records'' would satisfy this criterion?
    Answer: Such a change would be inconsistent with 5 U.S.C. 
552(a)(4)(a), and the Department of Justice, Office of Information 
Policy's template regulations for agencies. In addition, eliminating 
the ``editorial skills'' requirement would extend the definition from 
representatives of the news media with a minimal degree of 
professionalism to almost anyone.
    Question 3: Why did the Postal Service fail to indicate that its 
list of examples of news media entities is non-exhaustive in 
contemplation of alternative media and evolving news media formats that 
may include posting content to a Web site?
    Answer: Such a change would be inconsistent with the Department of 
Justice, Office of Information Policy's template regulations for 
agencies. Please note that the Postal Service accounted for ``news 
organizations that disseminate solely on the Internet'' in 
contemplation of evolving news media formats in 39 CFR 265.9(b)(8).

List of Subjects in 39 CFR Part 265

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

    For the reasons stated in the preamble, the Postal Service amends 
39 CFR part 265 as follows:

PART 265--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. The authority citation for 39 CFR 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; Pub. L. 114-185.


0
2. Revise the first sentence of Sec.  265.9(b)(8) to read as follows:


Sec.  265.9  Fees.

* * * * *
    (b) * * *
    (8) Representative of the news media is any person or entity that 
gathers information of potential interest to a segment of the public, 
uses its editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. * * *
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-00106 Filed 1-9-17; 8:45 am]
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