80 FR 45065 - Records and Information

POSTAL SERVICE

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range		45065-45067
FR Document		2015-18557
The Postal Service is amending its regulations concerning records and information management for administrative purposes, to clarify existing text, and to update and add definitions.
Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45065-45067]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18557]


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POSTAL SERVICE

39 CFR Parts 261, 262, and 265


Records and Information

AGENCY: Postal Service^TM.

ACTION: Final rule.

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

SUMMARY: The Postal Service is amending its regulations concerning 
records and information management for administrative purposes, to 
clarify existing text, and to update and add definitions.

DATES: These regulations will be effective July 29, 2015.

FOR FURTHER INFORMATION CONTACT: Matthew J. Connolly, Chief Privacy 
Officer, 202-268-2608.

SUPPLEMENTARY INFORMATION:

Overview

    The Postal Service is amending 39 CFR parts 261, 262, and 265 to 
delineate more clearly the responsibility for managing postal records 
and ensuring compliance with the Freedom of Information Act (FOIA). See 
5 U.S.C. 552; 39 U.S.C. 410(c). In general, these modifications should 
promote the coordination of activities among the Officers, Public 
Liaisons, Coordinators, and Records Custodians tasked with FOIA 
compliance, and facilitate the response to information requests by FOIA 
Requester Service Centers (RSCs).

Records and Information Management (Part 261)

    As required by 5 U.S.C. 552(a)(1), the amendments to part 261 
provide descriptions of the Postal Service's central and field 
organization for FOIA processing. Specifically, the amendments clarify 
the position of the Postal Service's Privacy and Records Office within 
the General Counsel's Office. As further required by 5 U.S.C. 
552(a)(6)(B)(ii), the amendments also describe the Postal Service's 
FOIA Public Liaisons and their responsibilities to requesters through 
the Postal Service's FOIA Requester Service Centers.

Records and Information Management Definitions (Part 262)

    As required by 5 U.S.C. 552(a)(6)(B), the amendments to part 262 
provide further descriptions of the Postal Service's central and field 
organization for FOIA processing. Specifically, the amendments describe 
various officials involved in FOIA processing and their 
responsibilities.

Release of Information (Part 265)

    As required by 5 U.S.C. 552(a)(1), the amendments to part 265 
provide descriptions of the established places at which, the employees 
from whom, and the methods whereby the public may obtain information, 
make submittals or requests, and obtain decisions regarding FOIA 
requests. Specifically, the amendments describe how and to whom a FOIA 
request must be submitted, and clarify that the regulations must be 
read in conjunction with the text of the FOIA, the Fee Schedule and 
Guidelines published by the Office of Management and Budget, and Postal 
Service Handbook AS-353, Guide to Privacy, the Freedom of Information 
Act, and Records Management. FOIA requests must now be sent to the 
appropriate FOIA Requester Service Center (RSC), as detailed in the 
regulations. A request that is not initially submitted to the 
appropriate FOIA RSC will be deemed to have been received by the Postal 
Service for purposes of computing the time for response at the time 
that it is actually received by the appropriate FOIA RSC or at the time 
the request is referred to the appropriate records custodians by a FOIA 
RSC, but in any case a request will be deemed to have been received no 
later than 10 days after the request is first received by a FOIA RSC.

List of Subjects

39 CFR Part 261

    Archives and records.

39 CFR Part 262

    Archives and records.

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, subchapter D as follows:

PART 261--[AMENDED]

0
1. The authority citation for 39 CFR part 261 continues to read as 
follows:

    Authority: 39 U.S.C. 401.


0
2. Revise Sec.  261.1 to read as follows:


Sec.  261.1  Purpose and scope.

    Under 39 U.S.C. 410, as enacted by the Postal Reorganization Act, 
the U.S. Postal Service is not subject to the provisions of the Federal 
Records Act of 1950, or any of its supporting regulations which provide 
for the conduct of records management in Federal agencies. The 
objective of parts 261 through 268 of this chapter are to provide the 
basis for an organization-wide records and information management 
program affecting all Postal Service organizational components having 
the custody of any form of information and records.

0
3. Revise Sec.  261.2 to read as follows:


Sec.  261.2  Authority.

    (a) As provided in 39 U.S.C. 401(5), the Postal Service has the 
power to acquire property it deems necessary or convenient in the 
transaction of its business and to hold, maintain, sell, lease or 
otherwise dispose of such property.
    (b) Under Sec.  262.2 of this chapter, the Postal Service Privacy 
and Records Office, located under the Associate General Counsel and 
Chief Ethics and Compliance Officer, is responsible for the retention, 
security, and privacy of Postal Service records and is empowered to 
authorize the disclosure of such records and to order their disposal by 
destruction or transfer. Included is the authority to issue records 
management policy and to delegate or take appropriate action if that 
policy is not adhered to or if questions of interpretation of procedure 
arise.

0
4. Revise Sec.  261.4 to read as follows:


Sec.  261.4  Responsibility.

    (a) The Chief Freedom of Information Act (FOIA) Officer, whose 
duties are performed by the Associate General Counsel and Chief Ethics 
and Compliance Officer, is responsible for:
    (1) Overseeing Postal Service compliance with the FOIA.
    (2) Making recommendations to the Postmaster General regarding the 
Postal Service's FOIA program.
    (3) Monitoring and reporting on FOIA implementation and performance 
for the Postal Service.
    (b) The Chief Privacy Officer, under the Associate General Counsel 
and Chief Ethics and Compliance Officer, is responsible for 
administering records and information management policies, and the 
privacy of information programs, and for the compliance of all

[[Page 45066]]

handbooks, directives, and instructions in support of these policies 
and programs.
    (c) The Deputy Chief FOIA Officer, under the Privacy and Records 
Office, administers the Postal Service release of information program 
with the assistance of FOIA Coordinators in Headquarters departments 
and area and district offices.
    (d) Freedom of Information Act Public Liaisons are responsible for:
    (1) Managing FOIA Requester Service Centers (RSCs).
    (2) Receiving concerns of requesters about the service provided by 
the FOIA RSC following an initial response.
    (3) Ensuring a service-oriented response to requests and FOIA-
related inquiries.
    (4) Reporting to the Chief FOIA Officer on their activities.
    (e) Freedom of Information Act Requester Service Centers are 
responsible for:
    (1) Facilitating communication between the Postal Service and FOIA 
requesters.
    (2) Providing information to requesters concerning the status of 
FOIA requests and information about responses to such requests.
    (f) Freedom of Information Act Coordinators fill an ad hoc position 
located within each Headquarters department, and Area and District 
office, and are responsible for:
    (1) Coordinating and tracking FOIA requests referred to or received 
by their functional or geographical area.
    (2) Providing procedural guidance, upon request, to records 
custodians.
    (3) Assisting the Deputy Chief FOIA Officer with national reporting 
activities, such as annual reporting of local FOIA and Privacy Act 
activities.
    (g) Records Custodians are responsible for ensuring that records 
within their facilities or organizations are managed according to 
Postal Service policies. Vice presidents or their designees are the 
custodians of records maintained at Headquarters. In the field, the 
Records Custodian is the head of a Postal Service facility such as an 
area, district, Post Office, or other Postal Service installation or 
designee that maintains Postal Service records. Senior medical 
personnel are the custodians of restricted medical records maintained 
within Postal Service facilities. The Custodian of Employee Assistance 
Program (EAP) records is the Postal Service counselor, a supplier, or 
the public health service, whichever provided the services.
    (h) Postal Service managers are responsible for administering 
records and information management policies and for complying with all 
handbooks, directives, and instructions in support of this policy.

PART 262--[AMENDED]

0
5. The authority citation for 39 CFR part 262 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552a; 39 U.S.C. 401.


0
6. Revise Sec.  262.2 to read as follows:


Sec.  262.2  Officials.

    (a) Chief Privacy Officer. The Chief Privacy Officer (CPO) is 
responsible for the issuance of policy on the protection of privacy and 
the release of Postal Service records. The CPO has the power to 
authorize the disclosure of such records. Additionally, the CPO is 
responsible for establishing procedures and guidelines to ensure that 
record management practices are in compliance with the Privacy Act and 
FOIA. The CPO directs the activities of the Privacy and Records Office 
and may also delegate or take appropriate action if policies are not 
adhered to or if questions of interpretation or procedures arise.
    (b) Deputy Chief FOIA Officer. The Deputy Chief FOIA Officer, under 
the Privacy and Records Office, administers the Postal Service release 
of information program and has the power to authorize the disclosure of 
records. The Deputy Chief FOIA Officer oversees FOIA Requester Service 
Centers (RSCs).
    (c) Records Custodian. The Records Custodian is the postmaster or 
other head of a facility such as an area vice president, district 
manager, or head of a postal installation or department who maintains 
Postal Service records. Vice presidents are the custodians of records 
maintained at Headquarters. Senior medical personnel are the custodians 
of restricted medical records maintained within postal facilities.
    (d) Information System Executive. This is the Postal Service 
official, usually a vice president, who prescribes the existence of and 
the policies for an information system.
    (e) Records Office. The Records Office is responsible for the 
issuance of policy on the maintenance and disposition of Postal Service 
records and information, and to delegate or take appropriate action if 
such policy is not adhered to or if questions of interpretation or 
procedure arise.

PART 265--[AMENDED]

0
7. 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.


0
8. Revise Sec.  265.1 to read as follows:


Sec.  265.1  Purpose and scope.

    (a) This part contains the regulations of the Postal Service 
relating to the availability to the public of Postal Service records. 
Included in this part are the regulations which implement the Freedom 
of Information Act (FOIA), 5 U.S.C. 552, insofar as it applies to the 
Postal Service. These rules should be read in conjunction with the text 
of the FOIA and the Fee Schedule and Guidelines published by the Office 
of Management and Budget. Additionally, Postal Service Handbook AS-353, 
Guide to Privacy, the Freedom of Information, and Records Management, 
contains information for the public about submitting FOIA requests and 
the specific procedures used by the Postal Service when responding to 
FOIA requests. This resource is available at http://www.usps.com.
    (b) Official records of the Postal Service made available pursuant 
to the requirements of the Act shall be furnished to members of the 
public as prescribed by this part.

0
9. Revise Sec.  265.3 to read as follows:


Sec.  265.3  Responsibility.

    (a) Records custodian. Official records are in the custody of the 
Postmaster or other head of a facility or department at which they are 
maintained, as defined at Sec.  261.4(c) of this chapter. These 
custodians are responsible for responding in the first instance to 
requests from members of the public for Postal Service records.
    (b) Deputy Chief FOIA Officer. The Deputy Chief FOIA Officer, under 
the Privacy and Records Office is responsible for the overall 
administration of this part, including the issuance of detailed 
instructions to custodians.
    (c) General Counsel. The General Counsel decides timely appeals 
authorized by this part.

0
10. Revise Sec.  265.4 to read as follows:


Sec.  265.4  Inquiries.

    Inquiries regarding the availability of Postal Service records must 
be directed to the appropriate Freedom of Information Act (FOIA) 
Requester Service Center (RSC). A description of FOIA RSCs is available 
at http://www.usps.com. If the appropriate FOIA RSC is not known, 
inquiries should be directed to the FOIA Requester Service Center, 
Privacy and Records Office, U.S. Postal Service, 475 L'Enfant Plaza 
SW., Washington, DC 20260, telephone (202) 268-2608.

[[Page 45067]]


0
11. In Sec.  265.7, revise the section heading and paragraphs (a)(1) 
and (2) to read as follows:


Sec.  265.7  Procedure for submitting a FOIA request.

    (a) Submission of requests--(1) Form and content of request. To 
permit expeditious handling and timely response in accordance with the 
provisions of this part, a request to inspect or to obtain a copy of an 
identifiable Postal Service record must be in writing and bear the 
caption ``Freedom of Information Act Request'' or otherwise be clearly 
and prominently identified as a request for records pursuant to the 
Freedom of Information Act. A request must be clearly and prominently 
identified as such on the envelope or other cover. Requests for 
records, submitted by the public that are not labeled as Freedom of 
Information Act requests will be handled as FOIA requests when received 
by the appropriate Requester Service Center in accordance with 
paragraph (b) of this section, but they may be delayed in reaching the 
appropriate Requester Service Center. A Freedom of Information Act 
request must identify the record sought as completely as possible, by 
name, description, or subject matter, and be sufficient to permit the 
custodian to locate it with a reasonable amount of effort. The request 
may state the maximum amount of fees for which the requester is willing 
to accept liability without prior notice. See paragraph (f)(2) of Sec.  
265.8. If no amount is stated, the requester will be deemed willing to 
accept liability for fees not to exceed $25.
    (2) To whom submitted. A request must be submitted to the 
appropriate Freedom of Information Act (FOIA) Requester Service Center 
(RSC). If the FOIA RSC is not known, an inquiry should be directed to 
the FOIA Requester Service Center, Privacy and Records Office, U.S. 
Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260, telephone 
(202) 268-2608. The FOIA RSC will either process the request or refer 
the request to the appropriate component or records custodians. The 
FOIA RSC will advise the requester of any such referral. A request that 
is not initially submitted to the appropriate FOIA RSC will be deemed 
to have been received by the Postal Service for purposes of computing 
the time for response in accordance with paragraph (b) of this section 
at the time that it is actually received by the appropriate FOIA RSC or 
at the time the request is referred to the appropriate records 
custodians by a FOIA RSC, but in any case a request will be deemed to 
have been received no later than 10 days after the request is first 
received by a FOIA RSC. If a request seeks records maintained at two or 
more facilities, the custodian shall be deemed to be the next senior 
common supervisor of the heads of the facilities, e.g., district 
manager, area vice president. The Records Office is deemed to be the 
custodian, for purposes of this part, in all instances in which a 
request is for a listing of postal employees. See paragraph (a)(6) of 
Sec.  265.6.
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015-18557 Filed 7-28-15; 8:45 am]
 BILLING CODE 7710-12-P
Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations 45065

notice requirement set forth in the Postal Service’s FOIA Requester Authority: 39 U.S.C. 401.
paragraph (b)(2)(i)(A) of this section. Service Centers.
■ 2. Revise § 261.1 to read as follows:
(ii) Nothing in this paragraph (b) shall
Records and Information Management
require a covered financial institution to § 261.1 Purpose and scope.
Definitions (Part 262)
report any information not otherwise Under 39 U.S.C. 410, as enacted by
required to be reported by law or As required by 5 U.S.C. 552(a)(6)(B),
the Postal Reorganization Act, the U.S.
regulation. the amendments to part 262 provide
Postal Service is not subject to the
further descriptions of the Postal
Dated: July 23, 2015. provisions of the Federal Records Act of
Service’s central and field organization
Jennifer Shasky Calvery, 1950, or any of its supporting
for FOIA processing. Specifically, the
Director, Financial Crimes Enforcement regulations which provide for the
amendments describe various officials
Network. conduct of records management in
involved in FOIA processing and their
[FR Doc. 2015–18552 Filed 7–28–15; 8:45 am] Federal agencies. The objective of parts
responsibilities.
BILLING CODE 4810–2P–P 261 through 268 of this chapter are to
Release of Information (Part 265) provide the basis for an organization-
As required by 5 U.S.C. 552(a)(1), the wide records and information
POSTAL SERVICE amendments to part 265 provide management program affecting all Postal
descriptions of the established places at Service organizational components
39 CFR Parts 261, 262, and 265 which, the employees from whom, and having the custody of any form of
the methods whereby the public may information and records.
Records and Information obtain information, make submittals or ■ 3. Revise § 261.2 to read as follows:
AGENCY: Postal ServiceTM. requests, and obtain decisions regarding
§ 261.2 Authority.
ACTION: Final rule. FOIA requests. Specifically, the
amendments describe how and to whom (a) As provided in 39 U.S.C. 401(5),
SUMMARY: The Postal Service is a FOIA request must be submitted, and the Postal Service has the power to
amending its regulations concerning clarify that the regulations must be read acquire property it deems necessary or
records and information management in conjunction with the text of the convenient in the transaction of its
for administrative purposes, to clarify FOIA, the Fee Schedule and Guidelines business and to hold, maintain, sell,
existing text, and to update and add published by the Office of Management lease or otherwise dispose of such
definitions. and Budget, and Postal Service property.
Handbook AS–353, Guide to Privacy, (b) Under § 262.2 of this chapter, the
DATES: These regulations will be Postal Service Privacy and Records
the Freedom of Information Act, and
effective July 29, 2015. Office, located under the Associate
Records Management. FOIA requests
FOR FURTHER INFORMATION CONTACT: must now be sent to the appropriate General Counsel and Chief Ethics and
Matthew J. Connolly, Chief Privacy FOIA Requester Service Center (RSC), as Compliance Officer, is responsible for
Officer, 202–268–2608. detailed in the regulations. A request the retention, security, and privacy of
SUPPLEMENTARY INFORMATION: that is not initially submitted to the Postal Service records and is
appropriate FOIA RSC will be deemed empowered to authorize the disclosure
Overview of such records and to order their
to have been received by the Postal
The Postal Service is amending 39 Service for purposes of computing the disposal by destruction or transfer.
CFR parts 261, 262, and 265 to delineate time for response at the time that it is Included is the authority to issue
more clearly the responsibility for actually received by the appropriate records management policy and to
managing postal records and ensuring FOIA RSC or at the time the request is delegate or take appropriate action if
compliance with the Freedom of referred to the appropriate records that policy is not adhered to or if
Information Act (FOIA). See 5 U.S.C. custodians by a FOIA RSC, but in any questions of interpretation of procedure
552; 39 U.S.C. 410(c). In general, these case a request will be deemed to have arise.
modifications should promote the been received no later than 10 days after ■ 4. Revise § 261.4 to read as follows:
coordination of activities among the the request is first received by a FOIA
Officers, Public Liaisons, Coordinators, § 261.4 Responsibility.
RSC.
and Records Custodians tasked with (a) The Chief Freedom of Information
FOIA compliance, and facilitate the List of Subjects Act (FOIA) Officer, whose duties are
response to information requests by 39 CFR Part 261 performed by the Associate General
FOIA Requester Service Centers (RSCs). Counsel and Chief Ethics and
Archives and records. Compliance Officer, is responsible for:
Records and Information Management (1) Overseeing Postal Service
(Part 261) 39 CFR Part 262
compliance with the FOIA.
Archives and records.
As required by 5 U.S.C. 552(a)(1), the (2) Making recommendations to the
amendments to part 261 provide 39 CFR Part 265 Postmaster General regarding the Postal
descriptions of the Postal Service’s Administrative practice and Service’s FOIA program.
central and field organization for FOIA procedure, Courts, Freedom of (3) Monitoring and reporting on FOIA
processing. Specifically, the information, Government employees. implementation and performance for the
amendments clarify the position of the Postal Service.
For the reasons stated in the
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Postal Service’s Privacy and Records (b) The Chief Privacy Officer, under
preamble, the Postal Service amends 39
Office within the General Counsel’s the Associate General Counsel and Chief
CFR chapter I, subchapter D as follows:
Office. As further required by 5 U.S.C. Ethics and Compliance Officer, is
552(a)(6)(B)(ii), the amendments also PART 261—[AMENDED] responsible for administering records
describe the Postal Service’s FOIA and information management policies,
Public Liaisons and their ■ 1. The authority citation for 39 CFR and the privacy of information
responsibilities to requesters through part 261 continues to read as follows: programs, and for the compliance of all

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45066 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

handbooks, directives, and instructions and for complying with all handbooks, ■ 8. Revise § 265.1 to read as follows:
in support of these policies and directives, and instructions in support
programs. of this policy. § 265.1 Purpose and scope.
(c) The Deputy Chief FOIA Officer, (a) This part contains the regulations
under the Privacy and Records Office, PART 262—[AMENDED] of the Postal Service relating to the
administers the Postal Service release of availability to the public of Postal
■ 5. The authority citation for 39 CFR
information program with the assistance Service records. Included in this part
part 262 continues to read as follows:
of FOIA Coordinators in Headquarters are the regulations which implement the
departments and area and district Authority: 5 U.S.C. 552, 552a; 39 U.S.C. Freedom of Information Act (FOIA), 5
offices. 401. U.S.C. 552, insofar as it applies to the
(d) Freedom of Information Act Public ■ 6. Revise § 262.2 to read as follows: Postal Service. These rules should be
Liaisons are responsible for: read in conjunction with the text of the
(1) Managing FOIA Requester Service § 262.2 Officials. FOIA and the Fee Schedule and
Centers (RSCs). (a) Chief Privacy Officer. The Chief Guidelines published by the Office of
(2) Receiving concerns of requesters Privacy Officer (CPO) is responsible for Management and Budget. Additionally,
about the service provided by the FOIA the issuance of policy on the protection Postal Service Handbook AS–353, Guide
RSC following an initial response. of privacy and the release of Postal to Privacy, the Freedom of Information,
(3) Ensuring a service-oriented Service records. The CPO has the power and Records Management, contains
response to requests and FOIA-related to authorize the disclosure of such information for the public about
inquiries. records. Additionally, the CPO is submitting FOIA requests and the
(4) Reporting to the Chief FOIA responsible for establishing procedures specific procedures used by the Postal
Officer on their activities. and guidelines to ensure that record Service when responding to FOIA
(e) Freedom of Information Act management practices are in requests. This resource is available at
Requester Service Centers are compliance with the Privacy Act and http://www.usps.com.
responsible for: FOIA. The CPO directs the activities of
(1) Facilitating communication (b) Official records of the Postal
the Privacy and Records Office and may Service made available pursuant to the
between the Postal Service and FOIA also delegate or take appropriate action
requesters. requirements of the Act shall be
if policies are not adhered to or if furnished to members of the public as
(2) Providing information to questions of interpretation or
requesters concerning the status of FOIA prescribed by this part.
procedures arise.
requests and information about (b) Deputy Chief FOIA Officer. The ■ 9. Revise § 265.3 to read as follows:
responses to such requests. Deputy Chief FOIA Officer, under the
(f) Freedom of Information Act § 265.3 Responsibility.
Privacy and Records Office, administers
Coordinators fill an ad hoc position the Postal Service release of information (a) Records custodian. Official records
located within each Headquarters program and has the power to authorize are in the custody of the Postmaster or
department, and Area and District the disclosure of records. The Deputy other head of a facility or department at
office, and are responsible for: Chief FOIA Officer oversees FOIA which they are maintained, as defined
(1) Coordinating and tracking FOIA Requester Service Centers (RSCs). at § 261.4(c) of this chapter. These
requests referred to or received by their (c) Records Custodian. The Records custodians are responsible for
functional or geographical area. Custodian is the postmaster or other responding in the first instance to
(2) Providing procedural guidance, head of a facility such as an area vice requests from members of the public for
upon request, to records custodians. president, district manager, or head of a Postal Service records.
(3) Assisting the Deputy Chief FOIA postal installation or department who (b) Deputy Chief FOIA Officer. The
Officer with national reporting maintains Postal Service records. Vice Deputy Chief FOIA Officer, under the
activities, such as annual reporting of presidents are the custodians of records Privacy and Records Office is
local FOIA and Privacy Act activities. maintained at Headquarters. Senior responsible for the overall
(g) Records Custodians are medical personnel are the custodians of administration of this part, including
responsible for ensuring that records restricted medical records maintained the issuance of detailed instructions to
within their facilities or organizations within postal facilities. custodians.
are managed according to Postal Service (d) Information System Executive.
policies. Vice presidents or their (c) General Counsel. The General
This is the Postal Service official, Counsel decides timely appeals
designees are the custodians of records usually a vice president, who prescribes
maintained at Headquarters. In the field, authorized by this part.
the existence of and the policies for an
the Records Custodian is the head of a information system. ■ 10. Revise § 265.4 to read as follows:
Postal Service facility such as an area, (e) Records Office. The Records Office § 265.4 Inquiries.
district, Post Office, or other Postal is responsible for the issuance of policy
Service installation or designee that on the maintenance and disposition of Inquiries regarding the availability of
maintains Postal Service records. Senior Postal Service records and information, Postal Service records must be directed
medical personnel are the custodians of and to delegate or take appropriate to the appropriate Freedom of
restricted medical records maintained action if such policy is not adhered to Information Act (FOIA) Requester
within Postal Service facilities. The or if questions of interpretation or Service Center (RSC). A description of
Custodian of Employee Assistance procedure arise. FOIA RSCs is available at http://
mstockstill on DSK4VPTVN1PROD with RULES

Program (EAP) records is the Postal www.usps.com. If the appropriate FOIA
Service counselor, a supplier, or the PART 265—[AMENDED] RSC is not known, inquiries should be
public health service, whichever directed to the FOIA Requester Service
provided the services. ■ 7. The authority citation for 39 CFR Center, Privacy and Records Office, U.S.
(h) Postal Service managers are part 265 continues to read as follows: Postal Service, 475 L’Enfant Plaza SW.,
responsible for administering records Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; Washington, DC 20260, telephone (202)
and information management policies 39 U.S.C. 401, 403, 410, 1001, 2601. 268–2608.

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Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations 45067

■ 11. In § 265.7, revise the section be deemed to have been received no Standards, Air Quality Planning
heading and paragraphs (a)(1) and (2) to later than 10 days after the request is Division, C539–04, Research Triangle
read as follows: first received by a FOIA RSC. If a Park, NC 27711, telephone (919) 541–
request seeks records maintained at two 2416, email at chang.andy@epa.gov.
§ 265.7 Procedure for submitting a FOIA
or more facilities, the custodian shall be SUPPLEMENTARY INFORMATION:
request.
deemed to be the next senior common
(a) Submission of requests—(1) Form supervisor of the heads of the facilities, Table of Contents
and content of request. To permit e.g., district manager, area vice
expeditious handling and timely The following is an outline of the
president. The Records Office is deemed preamble.
response in accordance with the
to be the custodian, for purposes of this I. What is the good cause exemption, and
provisions of this part, a request to
part, in all instances in which a request why is the EPA using it?
inspect or to obtain a copy of an
is for a listing of postal employees. See II. What is the purpose of this action?
identifiable Postal Service record must
paragraph (a)(6) of § 265.6. III. What are the technical amendments to
be in writing and bear the caption
* * * * * inadvertent errors in prior designations?
‘‘Freedom of Information Act Request’’ A. Technical Amendments Concerning
or otherwise be clearly and prominently Stanley F. Mires, Designations for the 2006 24-hour PM2.5
identified as a request for records Attorney, Federal Compliance. NAAQS
pursuant to the Freedom of Information [FR Doc. 2015–18557 Filed 7–28–15; 8:45 am] B. Technical Amendments Concerning
Act. A request must be clearly and Designations for the 1997 Annual PM2.5
BILLING CODE 7710–12–P
prominently identified as such on the NAAQS
envelope or other cover. Requests for C. Technical Amendments Concerning
records, submitted by the public that are Designations for the 1987 Annual PM10
not labeled as Freedom of Information ENVIRONMENTAL PROTECTION NAAQS
AGENCY IV. Environmental Justice Considerations
Act requests will be handled as FOIA
V. Statutory and Executive Order Reviews
requests when received by the A. Executive Order 12866: Regulatory
40 CFR Part 81
appropriate Requester Service Center in Planning and Review and Executive
accordance with paragraph (b) of this [EPA–HQ–OAR–2015–0359; FRL–9929–97– Order 13563: Improving Regulation and
section, but they may be delayed in OAR] Regulatory Review
reaching the appropriate Requester RIN 2060–AR95 B. Paperwork Reduction Act
Service Center. A Freedom of C. Regulatory Flexibility Act
Information Act request must identify Air Quality Designations for the 2006 D. Unfunded Mandates Reform Act
the record sought as completely as 24-hour Fine Particle National Ambient (UMRA)
possible, by name, description, or E. Executive Order 13132: Federalism
Air Quality Standards (2006 24-hour F. Executive Order 13175: Consultation
subject matter, and be sufficient to PM2.5 NAAQS), 1997 Annual PM2.5 and Coordination with Indian Tribal
permit the custodian to locate it with a NAAQS, and 1987 Annual Coarse Governments
reasonable amount of effort. The request Particle (PM10) NAAQS; Technical G. Executive Order 13045: Protection of
may state the maximum amount of fees Amendments to Inadvertent Errors Children from Environmental Health and
for which the requester is willing to Safety Risks
accept liability without prior notice. See AGENCY: Environmental Protection H. Executive Order 13211: Actions That
paragraph (f)(2) of § 265.8. If no amount Agency. Significantly Affect Energy Supply,
is stated, the requester will be deemed ACTION: Final rule. Distribution, or Use
willing to accept liability for fees not to I. National Technology Transfer and
SUMMARY: Pursuant to its authority Advancement Act (NTTAA)
exceed $25.
(2) To whom submitted. A request under the Clean Air Act (CAA), the J. Executive Order 12898: Federal Actions
must be submitted to the appropriate Environmental Protection Agency (EPA) to Address Environmental Justice in
is promulgating this final action to make Minority Populations and Low-Income
Freedom of Information Act (FOIA) Populations
Requester Service Center (RSC). If the technical amendments to address
several minor, inadvertent and K. Congressional Review Act
FOIA RSC is not known, an inquiry L. Judicial Review
should be directed to the FOIA nonsubstantive errors in the regulatory
Requester Service Center, Privacy and text establishing the air quality I. What is the good cause exemption,
Records Office, U.S. Postal Service, 475 designations for the 2006 24-hour fine and why is the EPA using it?
L’Enfant Plaza SW., Washington, DC particle (PM2.5) National Ambient Air Section 553(b)(3)(B) of the
20260, telephone (202) 268–2608. The Quality Standards (NAAQS), 1997 Administrative Procedure Act, 5 U.S.C.
FOIA RSC will either process the annual PM2.5 NAAQS, and 1987 annual 553(b)(3)(B), provides that, when an
request or refer the request to the coarse particle (PM10) NAAQS. agency for good cause finds that public
appropriate component or records Consistent with the EPA’s interpretation notice and comment procedures are
custodians. The FOIA RSC will advise of the good cause exemption provisions impracticable, unnecessary, or contrary
the requester of any such referral. A outlined in the Administrative to the public interest, the agency may
request that is not initially submitted to Procedure Act, this action is being taken issue a rule without providing notice
the appropriate FOIA RSC will be without notice and comment. The states and an opportunity for public comment.
deemed to have been received by the to which these amendments apply are The EPA has determined that there is
Postal Service for purposes of New York and West Virginia. good cause for making this rule final
mstockstill on DSK4VPTVN1PROD with RULES

computing the time for response in DATES: The effective date of these without prior proposal and opportunity
accordance with paragraph (b) of this technical amendments is August 28, for comment because such notice and
section at the time that it is actually 2015. opportunity for comment is
received by the appropriate FOIA RSC FOR FURTHER INFORMATION CONTACT: For unnecessary. In this action, we are
or at the time the request is referred to general questions concerning this amending 40 CFR part 81, which
the appropriate records custodians by a action, please contact Andy Chang, U.S. contains the tables of area designations
FOIA RSC, but in any case a request will EPA, Office of Air Quality Planning and and boundaries for each NAAQS. Notice

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		These regulations will be effective July 29, 2015.
Contact		Matthew J. Connolly, Chief Privacy Officer, 202-268-2608.
FR Citation		80 FR 45065
CFR Citation		39 CFR 261 39 CFR 262 39 CFR 265
CFR Associated		Archives and Records; Administrative Practice and Procedure; Courts; Freedom of Information and Government Employees