[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 53056-53057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21431]
[[Page 53056]]
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POSTAL REGULATORY COMMISSION
39 CFR Parts 3002 and 3004
[Docket No. RM2019-15; Order No. 5257]
Freedom of Information Act
AGENCY: Postal Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Commission seeks to adopt direct final rules making minor
changes related to its Freedom of Information Act (FOIA) regulations
indicating that FOIA requests will be processed by the Office of the
General Counsel.
DATES: This rule is effective November 18, 2019 without further action,
unless adverse comment is received by November 4, 2019. If adverse
comment is received, the Commission will publish a timely withdrawal of
the rule in the Federal Register.
ADDRESSES: For additional information, Order No. 5257 can be accessed
electronically through the Commission's website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis and Purpose of Rule Change
III. Final Rule
I. Background
In the past, the Commission processed FOIA requests through its
Office of Secretary & Administration. As the nature of the Commission's
FOIA requests has evolved, however, the Commission has determined that
it is most efficient to process these requests within its Office of the
General Counsel.
II. Basis and Purpose of Rule Change
Section 552(a)(1)(B) of title 5 of the United States Code requires
federal agencies to separately state and currently publish ``statements
of the general course and method by which [their] functions are
channeled and determined'' in the Federal Register for the guidance of
the public. Section 552(a)(1)(E) requires agencies to publish ``each
amendment, revision, or repeal'' of these statements.
This direct final rule is intended to amend the Commission's FOIA
regulations to more accurately reflect the Commission's current
organization and practice. The revised rule complies with section
552(a)(1)(E)'s requirement that the Commission inform the public that
it has made internal organizational changes that affect how it executes
its FOIA-related functions.
III. Final Rule
List of Subjects
39 CFR Part 3002
Organization and functions (Government Agencies), Seals and
insignia.
39 CFR Part 3004
Administrative practice and procedure, Freedom of information,
Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the Commission amends
chapter III of title 39 of the Code of Federal Regulations as follows:
PART 3002--ORGANIZATION
0
1. The authority citation for part 3002 continues to read as follows:
Authority: 39 U.S.C. 503; 5 U.S.C. 552.
0
2. Amend Sec. 3002.11 by revising paragraph (d) to read as follows:
Sec. 3002.11 Office of Secretary and Administration.
* * * * *
(d) The Office of Secretary and Administration manages the
Commission's records, including the Commission's seal, administrative
policies, orders, reports, and official correspondence. In this role,
the Office of Secretary and Administration manages the Commission's
dockets and docket room, website, reference materials, and inter-agency
reporting. All orders and other actions of the Commission shall be
authenticated or signed by the Secretary or any such other person as
may be authorized by the Commission.
* * * * *
0
3. Amend Sec. 3002.13 by revising paragraph (b) to read as follows:
Sec. 3002.13 Office of the General Counsel.
* * * * *
(b) The Office of the General Counsel provides legal assistance on
matters involving the Commission's responsibilities; defends Commission
decisions before the courts; and advises the Commission on the legal
aspects of proposed legislation, rulemaking, requests made under the
Freedom of Information Act, and policies on procurement, contracting,
personnel matters, ethics, and other internal legal matters.
PART 3004--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT
0
4. The authority citation for part 3004 continues to read as follows:
Authority: 5 U.S.C. 552; 39 U.S.C 503.
0
5. Amend Sec. 3004.3 by revising paragraph (a) to read as follows:
Sec. 3004.3 How to make a request.
(a) To request Commission records, please contact the Commission
via letter or use the online request form provided on the Commission's
website at http://www.prc.gov/foia/onlinerequest.
* * * * *
0
6. Amend Sec. 3004.40 by revising paragraph (a)(7) to read as follows:
Sec. 3004.40 Hard copy requests for records and for expedited
processing.
(a) * * *
(7) Be submitted to the Commission at the offices of the Commission
(901 New York Avenue NW, Suite 200, Washington, DC 20268-0001).
* * * * *
0
7. Amend Sec. 3004.43 by revising paragraphs (a) through (c), (d)
introductory text, and (e) introductory text to read as follows:
Sec. 3004.43 Response to requests.
(a) Determination. Within 20 days (excluding Saturdays, Sundays,
and legal holidays) after receipt of a request for a Commission record,
the Chief FOIA Officer or his/her designee will notify the requester of
its determination to grant or deny the request and the right to seek
assistance from the Commission's FOIA Public Liaison. In the case of an
adverse determination, the Commission will notify the requester of his/
her right to appeal and right to seek dispute resolution services from
the Commission's FOIA Public Liaison or the Office of Government
Information Services.
(b) Granting request. If granting the request, the Chief FOIA
Officer or his/her designee will notify the requester of any fees that
must be paid.
(c) Partial granting of request. If the Commission is unable to
grant the request in its entirety, any reasonably segregable portion of
the request shall be provided, with deleted portions treated as
specified in paragraph (d) of this section, and the Chief FOIA Officer
or his/her designee will notify the requester of any fees that must be
paid.
(d) Denying request. If denying the request, in whole or in part,
the Chief FOIA Officer or his/her designee will inform the requester in
writing of:
* * * * *
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(e) Expedited processing. Within 10 days (excluding Saturdays,
Sundays and legal holidays) after receipt of a request for expedited
processing, the Chief FOIA Officer or his/her designee will:
* * * * *
0
8. Amend Sec. 3004.44 by revising paragraph (a) to read as follows:
Sec. 3004.44 Appeals.
(a) The Commission may review any decision of the Chief FOIA
Officer or his/her designee on its own initiative.
* * * * *
0
9. Revise Sec. 3004.60 to read as follows:
Sec. 3004.60 Chief Freedom of Information Act Officer.
The Commission designates the General Counsel of the Commission as
the Chief FOIA Officer. The Chief FOIA Officer shall be responsible for
the administration of and reporting on the Commission's Freedom of
Information Act program.
By the Commission.
Darcie S. Tokioka,
Acting Secretary.
[FR Doc. 2019-21431 Filed 10-3-19; 8:45 am]
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