[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Proposed Rules]
[Pages 44565-44566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18326]


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POSTAL SERVICE

39 CFR Part 265


Procedures for Disclosure of Records Under the Freedom of 
Information Act

AGENCY: Postal ServiceTM.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes to amend its Freedom of 
Information Act (``FOIA'') regulations regarding fee waivers. These 
changes would improve clarity and more closely align the regulations 
with both the relevant guidance from the Department of Justice's Office 
of Information Policy and the relevant statute.

DATES: Comments must be received on or before September 25, 2019.

ADDRESSES: Mail or deliver written comments to: Associate General 
Counsel and Chief Ethics & Compliance Officer, 475 L'Enfant Plaza SW, 
Room 6000, Washington, DC 20260-1135. Email and faxed comments are not 
accepted. You may inspect and photocopy all written comments, by 
appointment only, at USPS[supreg] Headquarters Library, 475 L'Enfant 
Plaza SW, 11th Floor North, Washington, DC 20260. These records are 
available for review on Monday through Friday, 9 a.m.-4 p.m., by 
calling 202-268-2904. All submitted comments and attachments are part 
of the public record and subject to disclosure. Do not enclose any 
material in your comments that you consider to be confidential or 
inappropriate for public disclosure.

FOR FURTHER INFORMATION CONTACT: Ruth B. Stevenson, Attorney, Federal 
Compliance, [email protected], 202-268-6627.

SUPPLEMENTARY INFORMATION: The Postal Service proposes to amend 39 CFR 
part 265 to improve clarity and to more closely align the regulations 
with both the relevant guidance from the Department of Justice's Office 
of Information Policy and the relevant statute, 5 U.S.C. 
552(a)(4)(A)(iii). The portion of the regulations being amended 
concerns fee waivers. Generally speaking, fees for a FOIA request will 
be waived ``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.'' 5 U.S.C. 
552(a)(4)(A)(iii). The guidance from the Department of Justice 
elucidates a six-factor test from this rule--two of which of which 
relate to the commercial interest of the requester. The amendment to 39 
CFR 265.9(j)(3)(i) clarifies that the first commercial interest factor 
is to determine whether a commercial interest exists. The amendment to 
39 CFR 265.9(j)(3)(ii) incorporates the balancing test from the statute 
as the second part of the commercial interest factor, along with adding 
a presumption concerning news media requesters.

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 proposes 
to amend 39 CFR chapter I as follows:

PART 265--[AMENDED]

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; Pub. L. 114-185.

0
2. Amend Sec.  265.9 to revise paragraphs (j)(3)(i) and (ii) to read as 
follows:


Sec.  265.9   Fees.

* * * * *
    (j) * * *
    (3) * * *
    (i) Whether there is a commercial interest, as defined in paragraph 
(b)(1) of this section, that would be furthered by the requested 
disclosure. If so, then the requester will be given an opportunity to 
provide explanatory information regarding this consideration.
    (ii) Whether any identified commercial interest of the requester in 
disclosure outweighs the public interest, as defined in paragraph 
(j)(1)(i) of this section, in disclosure. If so, then the disclosure is 
``primarily in the commercial interest of the requester.'' The 
component ordinarily shall presume that if a news media requester has 
satisfied the public interest standard, the public interest is the 
primary interest served by the requested disclosure. Disclosure to data 
brokers or others who merely compile and market government information 
for direct

[[Page 44566]]

economic return shall not be presumed to primarily serve the public 
interest.
* * * * *

Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2019-18326 Filed 8-23-19; 8:45 am]
 BILLING CODE 7710-12-P