81 FR 95069 - Changes to Procedures for the Freedom of Information Act

POSTAL REGULATORY COMMISSION

Federal Register Volume 81, Issue 248 (December 27, 2016)

The Commission is initiating a proceeding to revise its rules governing requests for agency records made under the Freedom of Information Act (FOIA), in accordance in with the FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95069-95071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30905]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3004

[Docket No. RM2017-2; Order No. 3671]


Changes to Procedures for the Freedom of Information Act

AGENCY: Postal Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission is initiating a proceeding to revise its rules 
governing requests for agency records made under the Freedom of 
Information Act (FOIA), in accordance in with the FOIA Improvement Act 
of 2016, Public Law 114-185, 130 Stat. 538. This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due on or before January 26, 2017.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER

[[Page 95070]]

INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Background
III. Proposed Rules
IV. Comments Requested
V. Ordering Paragraphs

I. Introduction

    The Postal Regulatory Commission (the Commission) proposes to 
revise its rules governing requests for agency records made under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552, in accordance with the 
FOIA Improvement Act of 2016 (the Act), Public Law 114-185, 130 Stat. 
538. Pursuant to section 3(a) of the Act, the head of each agency 
``shall review the regulations of such agency and shall issue 
regulations on procedures for the disclosure of records under [FOIA]'' 
to implement the Act within 180 days of its enactment date. The 
Commission hereby provides this notice, in conformance with the Act's 
deadline, describing its proposed changes and eliciting public comment.

II. Background

    The Act was signed into law on June 30, 2016, and mandates that 
federal agencies review and revise their regulations by December 27, 
2016. Among other things, the Act expands the dispute resolution 
process available to requesters, limits the use of FOIA exemptions, and 
codifies the so-called ``Rule of 3'' for frequently requested records. 
In order to implement the Act, the Commission must modify its FOIA 
regulations, which are set out in 39 CFR part 3004. The proposed 
modifications are set forth below, along with a brief description of 
the included changes.

III. Proposed Rules

    The rules requiring changes in this notice of proposed rulemaking, 
pursuant to the Act, are Sec. Sec.  3004.2, 3004.9, 3004.11, 3004.13, 
3004.43, and 3004.52.
    Proposed Sec.  3004.2 adds the duty to identify and post frequently 
requested records. Additionally, the modified rule limits the 
Commission's use of FOIA exemptions. Under the revised section, the 
Commission will only withhold information if it ``reasonably foresees'' 
that disclosure will harm an interest protected by an exemption or 
disclosure is otherwise prohibited by law.
    Proposed Sec.  3004.9 describes how to file a FOIA request. This 
section is a summary of basic information, added for clarity purposes.
    Proposed Sec.  3004.11 applies a 25-year sunset provision to the 
deliberative process privilege, which exempts certain inter-agency and 
intra-agency memoranda and letters from FOIA. Under the new rule, the 
deliberative process privilege does not apply to records created 25 
years or more before a records request.
    Proposed Sec.  3004.13 specifies that frequently requested records 
will be posted on the Commission's Web site.
    Proposed Sec.  3004.43 states that the Commission will offer the 
services of its FOIA Public Liaison to assist the requester and to 
provide dispute resolution services if necessary.
    Proposed Sec.  3004.52 revises the Commission's rules for 
collecting fees when the Commission cannot issue its response during 
the initial 20-day response period.

IV. Comments Requested

    Interested persons are invited to provide written comments 
concerning the proposed rule. Comments are due no later than 30 days 
after the date of publication of this notice in the Federal Register. 
All comments and suggestions received will be available for review on 
the Commission's Web site, http://www.prc.gov.
    Pursuant to 39 U.S.C. 505, Laura Zuber is appointed to serve as an 
officer of the Commission (Public Representative) to represent the 
interests of the general public in the above-captioned docket.

V. Ordering Paragraphs

    It is ordered:
    1. Docket No. RM2017-2 is established for the purpose of amending 
the Commission's rules governing the Freedom of Information Act.
    2. Pursuant to 39 U.S.C. 505, Laura Zuber is appointed to serve as 
an officer of the Commission (Public Representative) to represent the 
interests of the general public in this proceeding.
    3. Interested persons may submit initial comments no later than 30 
days from the date of publication of this notice in the Federal 
Register.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.

List of Subjects in 39 CFR Part 3004

    Administrative practice and procedure, Freedom of information, 
Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Commission proposes to 
amend chapter III of title 39 of the Code of Federal Regulations as 
follows:

PART 3004--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 3004 continues to read as follows:

    Authority: 5 U.S.C. 552; 39 U.S.C. 503.

0
2. Revise Sec.  3004.2 to read as follows:


Sec.  3004.2  Presumption of openness.

    (a) The Commission shall be proactive and timely in identifying and 
posting public records and other frequently requested records to its 
Web site.
    (b) It is the stated policy of the Commission that FOIA requests 
shall be administered with a clear presumption of openness. The 
Commission will only withhold information only if it reasonably 
foresees that disclosure would harm an interest protected by a FOIA 
exemption, as enumerated in Sec.  3004.11, or disclosure is otherwise 
prohibited by law.
0
3. Add Sec.  3004.9 to read as follows:


Sec.  3004.9  How to make a request.

    (a) To request Commission records, please contact the Secretary of 
the Commission via letter, telephone, or use the online request form 
provided on the Commission's Web site at http://www.prc.gov/foia/.
    (b) Requests must describe the records sought in sufficient detail 
to enable the Commission to locate them with a reasonable amount of 
effort. To the extent possible, please provide any specific information 
that might assist the Commission in responding to the request.
    (c) Requesters must provide contact information to assist the 
Commission in communicating with them and providing Commission records.
0
4. Amend Sec.  3004.11 by revising paragraph (f) to read as follows:


Sec.  3004.11  Use of exemptions.

* * * * *
    (f) Inter-agency or intra-agency memoranda or letters that would 
not be available by law to a party other than an agency in litigation 
with the agency, provided that the deliberative process privilege shall 
not apply to records

[[Page 95071]]

created 25 years or more before the date on which the records were 
requested.
* * * * *
0
5. Amend Sec.  3004.13 by revising paragraph (a) to read as follows:


Sec.  3004.13  Notice and publication of public information.

    (a) Decisions, advisory opinions, orders, public reports, and 
frequently requested agency records will be made available to the 
public by posting on the Commission's Web site at http://www.prc.gov.
* * * * *
0
6. Amend Sec.  3004.43 by revising paragraph (a) and adding paragraph 
(d)(4) to read as follows:


Sec.  3004.43  Response to requests.

    (a) Within 20 days (excluding Saturdays, Sundays and legal 
holidays) after receipt of a request for a Commission record, the 
Secretary or Assistant Secretary 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.
* * * * *
    (d) * * *
    (4) The right to seek dispute resolution services from the 
Commission's FOIA Public Liaison or the Office of Government 
Information Services.
* * * * *
0
7. Revise Sec.  3004.45 to read as follows:


Sec.  3004.45  Extension of response time limit.

    (a) The Commission may extend the time limit for a response to a 
request or appeal for up to 10 business days due to unusual 
circumstances, as specified in 5 U.S.C. 552(a)(6)(B)(iii). In such a 
case, the Commission will notify the requester in writing of the 
unusual circumstance causing the extension and the date by which the 
Commission estimates that the request can be processed.
    (b) If an extension will exceed 10 business days, the Commission 
will:
    (1) Provide the requester with an opportunity to limit the scope of 
the request or to arrange an alternative timeframe for processing the 
request or a modified request. The applicable time limits are not 
tolled while the Commission waits for a response from the requester 
under this subsection; and
    (2) Make its FOIA Public Liaison available to the requester and 
apprise the requester of their right to seek dispute resolution 
services from the Office of Government Information Services.
0
8. Amend Sec.  3004.52 by revising paragraph (e) and adding paragraph 
(f) to read as follows:


Sec.  3004.52  Fees--general provisions.

* * * * *
    (e) No requester will be charged a fee after any search or response 
which occurs after the applicable time limits as described in 
Sec. Sec.  3004.43 and 3004.44, unless:
    (1) The Commission extends the time limit for its response due to 
unusual circumstances, pursuant to Sec.  3004.45(a), and the Commission 
completes its response within the extension of time provided under that 
section; or
    (2) The Commission extends the time limit for its response due to 
unusual circumstances, pursuant to Sec.  3004.45(a), and more than 
5,000 pages are necessary to respond to the request and the Commission 
has discussed with the requester how they could effectively limit the 
scope of the request or made at least three good faith attempts to do 
so; or
    (3) A court has determined that exceptional circumstances exist and 
excused the Commission from responding by court order.
    (f) The Commission may, however, charge fees for a partial grant of 
a request while it reviews records that may be exempt and may be 
responsive to the request, if it is made within the applicable time 
limits.

[FR Doc. 2016-30905 Filed 12-23-16; 8:45 am]
BILLING CODE 7710-FW-P