[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]]
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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: Final rule.
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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]
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