[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Rules and Regulations]
[Page 56385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22971]



[[Page 56385]]

-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 265


Procedures for Disclosure of Records Under the Freedom of 
Information Act

AGENCY: Postal ServiceTM.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In August 2019, the Postal Service proposed 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. The 
Postal Service did not receive any comments.

DATES: This rule is effective as of November 21, 2019.

FOR FURTHER INFORMATION CONTACT: Joshua J. Hofer, Attorney, Federal 
Compliance, [email protected], 202-268-6704.

SUPPLEMENTARY INFORMATION: In August 2019, the Postal Service proposed 
to amend 39 CFR part 265 (84 FR 44565). The purpose of the changes is 
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. No comments were 
received in response to the proposed changes.

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

Joshua Hofer,
Attorney, Federal Compliance.
[FR Doc. 2019-22971 Filed 10-21-19; 8:45 am]
BILLING CODE 7710-12-P