82 FR 2896 - Production or Disclosure of Material or Information

POSTAL SERVICE

Federal Register Volume 82, Issue 6 (January 10, 2017)

Page Range		2896-2896
FR Document		2017-00106

The United States Postal Service[supreg] (Postal Service) is responding to public comments regarding the amendment of its regulations concerning compliance with the Freedom of Information Act (FOIA) to implement the changes to the procedures for the disclosure of records and for engaging in dispute resolution required by the FOIA Improvement Act of 2016. Upon review and evaluation of such comments, the Postal Service has found that one change to the regulations is necessary.

Federal Register, Volume 82 Issue 6 (Tuesday, January 10, 2017)

[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Page 2896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00106]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 265


Production or Disclosure of Material or Information

AGENCY: Postal Service.

ACTION: Final rule.

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

SUMMARY: The United States Postal Service[supreg] (Postal Service) is 
responding to public comments regarding the amendment of its 
regulations concerning compliance with the Freedom of Information Act 
(FOIA) to implement the changes to the procedures for the disclosure of 
records and for engaging in dispute resolution required by the FOIA 
Improvement Act of 2016. Upon review and evaluation of such comments, 
the Postal Service has found that one change to the regulations is 
necessary.

DATES: Effective date: January 10, 2017.

FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, 
Federal Compliance, [email protected], (202) 268-2944.

SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the 
Postal Service published notice of amendments to 39 CFR part 265 to 
implement changes required by the FOIA Improvement Act of 2016 
(FOIAIA), Public Law 114-185 (June 30, 2016). These changes were 
effective on December 27, 2016.
    In response to this notice, we received comments that generally 
supported the amendments to the regulations, but questioned the 
definition of a ``representative of the news media'' in the 
regulations. The Postal Service has reviewed these comments, and has 
concluded that one change should be made to the definition in question.
    Our responses to the comments received, as grouped and categorized 
for convenience, are as follows.
    Question 1: Why did the Postal Service fail to eliminate the 
``organized and operated'' standard from the definition of a 
representative of the news media in 39 CFR part 265.9(b)(8) in 
accordance with 5 U.S.C. part 552(a)(4)(a), recent case law, and the 
Open Government Act of 2007?
    Answer: Thank you for bringing this our attention. We will 
eliminate the ``organized and operated'' standard from the definition 
of a representative of the news media in 39 CFR 265.9(b)(8).
    Question 2: Why did the Postal Service fail to eliminate the 
requirement that a news media requester use ``editorial skills'' to 
turn ``raw materials'' into a ``distinct work'' as a ``simple press 
release commenting on records'' would satisfy this criterion?
    Answer: Such a change would be inconsistent with 5 U.S.C. 
552(a)(4)(a), and the Department of Justice, Office of Information 
Policy's template regulations for agencies. In addition, eliminating 
the ``editorial skills'' requirement would extend the definition from 
representatives of the news media with a minimal degree of 
professionalism to almost anyone.
    Question 3: Why did the Postal Service fail to indicate that its 
list of examples of news media entities is non-exhaustive in 
contemplation of alternative media and evolving news media formats that 
may include posting content to a Web site?
    Answer: Such a change would be inconsistent with the Department of 
Justice, Office of Information Policy's template regulations for 
agencies. Please note that the Postal Service accounted for ``news 
organizations that disseminate solely on the Internet'' in 
contemplation of evolving news media formats in 39 CFR 265.9(b)(8).

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 part 265 as follows:

PART 265--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. 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; Pub. L. 114-185.


0
2. Revise the first sentence of Sec.  265.9(b)(8) to read as follows:


Sec.  265.9  Fees.

* * * * *
    (b) * * *
    (8) Representative of the news media is any person or entity that 
gathers information of potential interest to a segment of the public, 
uses its editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. * * *
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-00106 Filed 1-9-17; 8:45 am]
BILLING CODE 7710-12-P

2896 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations

review under paragraph 34(f) of Figure POSTAL SERVICE ‘‘simple press release commenting on
2–1 of the Commandant Instruction records’’ would satisfy this criterion?
M16475.1D. A final environmental 39 CFR Part 265 Answer: Such a change would be
analysis checklist and a Categorical inconsistent with 5 U.S.C. 552(a)(4)(a),
Production or Disclosure of Material or
Exclusion Determination are available and the Department of Justice, Office of
Information
in the docket where indicated under Information Policy’s template
ADDRESSES. We seek any comments or AGENCY: Postal Service. regulations for agencies. In addition,
information that may lead to the ACTION: Final rule. eliminating the ‘‘editorial skills’’
discovery of a significant environmental requirement would extend the
impact from this rule. SUMMARY: The United States Postal definition from representatives of the
Service® (Postal Service) is responding news media with a minimal degree of
G. Protest Activities to public comments regarding the professionalism to almost anyone.
amendment of its regulations
The Coast Guard respects the First concerning compliance with the Question 3: Why did the Postal
Amendment rights of protesters. Freedom of Information Act (FOIA) to Service fail to indicate that its list of
Protesters are asked to contact the implement the changes to the examples of news media entities is non-
person listed in the FOR FURTHER procedures for the disclosure of records exhaustive in contemplation of
INFORMATION CONTACT section to and for engaging in dispute resolution alternative media and evolving news
coordinate protest activities so that your required by the FOIA Improvement Act media formats that may include posting
message can be received without of 2016. Upon review and evaluation of content to a Web site?
jeopardizing the safety or security of such comments, the Postal Service has Answer: Such a change would be
people, places, or vessels. found that one change to the regulations inconsistent with the Department of
is necessary. Justice, Office of Information Policy’s
List of Subjects in 33 CFR Part 110 template regulations for agencies. Please
DATES: Effective date: January 10, 2017.
Anchorage grounds. FOR FURTHER INFORMATION CONTACT:
note that the Postal Service accounted
Natalie A. Bonanno, Chief Counsel, for ‘‘news organizations that
For the reasons discussed in the disseminate solely on the Internet’’ in
Federal Compliance,
preamble, the Coast Guard amends 33 contemplation of evolving news media
natalie.a.bonanno@usps.gov, (202) 268–
CFR part 110 as follows: formats in 39 CFR 265.9(b)(8).
2944.
PART 110—ANCHORAGE SUPPLEMENTARY INFORMATION: On List of Subjects in 39 CFR Part 265
REGULATIONS November 30, 2016 (81 FR 86270), the
Postal Service published notice of Administrative practice and
amendments to 39 CFR part 265 to procedure, Courts, Freedom of
■ 1. The authority citation for part 110 information, Government employees.
continues to read as follows: implement changes required by the
FOIA Improvement Act of 2016 For the reasons stated in the
Authority: 33 U.S.C. 471, 1221 through (FOIAIA), Public Law 114–185 (June 30, preamble, the Postal Service amends 39
1236, 2071; 33 CFR 1.05–1; Department of 2016). These changes were effective on CFR part 265 as follows:
Homeland Security Delegation No. 0170.01. December 27, 2016.
In response to this notice, we received PART 265—PRODUCTION OR
■ 2. Revise § 110.111 to read as follows:
comments that generally supported the DISCLOSURE OF MATERIAL OR
§ 110.111 Marina del Rey Harbor, Calif. amendments to the regulations, but INFORMATION
questioned the definition of a
An area in the main channel ‘‘representative of the news media’’ in ■ 1. The authority citation for 39 CFR
encompassed within the following the regulations. The Postal Service has part 265 continues to read as follows:
described boundaries: Beginning at the reviewed these comments, and has
northeasterly corner in position latitude concluded that one change should be Authority: 5 U.S.C. 552; 5 U.S.C. App. 3;
33°58′41.6″ N., longitude 118°26′50.8″ 39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L.
made to the definition in question.
114–185.
W.; thence southerly to latitude Our responses to the comments
33°58′30.2″ N., longitude 118°26′50.8″ received, as grouped and categorized for ■ 2. Revise the first sentence of
W.; thence westerly to latitude convenience, are as follows. § 265.9(b)(8) to read as follows:
33°58′30.2″ N., longitude 118°26′55.1″ Question 1: Why did the Postal
W.; thence northerly to latitude Service fail to eliminate the ‘‘organized § 265.9 Fees.
33°58′41.6″ N., longitude 118°26′55.1″ and operated’’ standard from the * * * * *
W.; thence easterly to the point of definition of a representative of the
(b) * * *
origin. All coordinates referenced North news media in 39 CFR part 265.9(b)(8)
American Datum 1983. in accordance with 5 U.S.C. part (8) Representative of the news media
552(a)(4)(a), recent case law, and the is any person or entity that gathers
Note to 110.111: The Marina del Rey Open Government Act of 2007? information of potential interest to a
Harbor Master, Los Angeles County, Answer: Thank you for bringing this segment of the public, uses its editorial
prescribes local regulations for mooring and our attention. We will eliminate the skills to turn the raw materials into a
boating activities in this area. ‘‘organized and operated’’ standard from distinct work, and distributes that work
pmangrum on DSK3GDR082PROD with RULES

the definition of a representative of the to an audience. * * *
Dated: December 2, 2016
news media in 39 CFR 265.9(b)(8). * * * * *
T.A. Sokalzuk Question 2: Why did the Postal
Rear Admiral, U.S. Coast Guard, Commander, Service fail to eliminate the requirement Stanley F. Mires,
Eleventh Coast Guard District. that a news media requester use Attorney, Federal Compliance.
[FR Doc. 2016–31996 Filed 1–9–17; 8:45 am] ‘‘editorial skills’’ to turn ‘‘raw [FR Doc. 2017–00106 Filed 1–9–17; 8:45 am]
BILLING CODE 9110–04–P materials’’ into a ‘‘distinct work’’ as a BILLING CODE 7710–12–P

VerDate Sep<11>2014 14:51 Jan 09, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 E:\FR\FM\10JAR1.SGM 10JAR1

Document Created: 2018-02-01 14:53:54
Document Modified: 2018-02-01 14:53:54

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		Effective date: January 10, 2017.
Contact		Natalie A. Bonanno, Chief Counsel, Federal Compliance, [email protected], (202) 268-2944.
FR Citation		82 FR 2896
CFR Associated		Administrative Practice and Procedure; Courts; Freedom of Information and Government Employees