82 FR 32766 - Production or Disclosure of Material or Information; Adding the Definition of a Record and Clarifying Language Concerning the Timing of Responses to Requests and Specific Categories of Records
POSTAL SERVICE Federal Register Volume 82, Issue 136 (July 18, 2017)
Federal Register Volume 82, Issue 136 (July 18, 2017)
| Page Range | 32766-32767 | |
| FR Document | 2017-14934 |
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)] [Rules and Regulations] [Pages 32766-32767] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14934] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 265 Production or Disclosure of Material or Information; Adding the Definition of a Record and Clarifying Language Concerning the Timing of Responses to Requests and Specific Categories of Records AGENCY: Postal ServiceTM. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Postal Service is adding the definition of a record to its regulations concerning the Freedom of Information Act. The Postal Service is deleting language in order to clarify the timing of responses to requests. The Postal Service is also adding two words to two provisions in its Freedom of Information Act regulations concerning special categories of records, for clarification purposes. DATES: Effective date: July 18, 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 its revised Freedom of Information Act (FOIA) regulations to comply with the FOIA Improvement Act of 2016 (FOIAIA), effective December 27, 2016. In response to public comments, the Postal Service published an additional change to these regulations on January 10, 2017 (82 FR 2896). After further review, the Postal Service published miscellaneous technical corrections to its regulations on March 8, 2017 (82 FR 12921). The Postal Service is now adding a record definition, deleting language from the timing of responses to requests, and adding two words to two provisions in its Freedom of Information Act regulations concerning records relating to specifically identified customers, for clarification purposes. 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 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. [[Page 32767]] 0 2. Revise Sec. 265.1 to read as follows: Sec. 265.1 General provisions. (a) Policy. (1) This subpart contains the regulations that implement the Freedom of Information Act (FOIA), 5 U.S.C. 552, insofar as the Act applies to the Postal Service. These rules should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines). The Postal Service FOIA Requester's Guide, an easy-to-read guide for making Postal Service FOIA requests, is available at http://about.usps.com/who-we-are/foia/welcome.htm. (2) Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under part 266 of this chapter as well as under this subpart. (3) It is the policy of the Postal Service to make its official records available to the public to the maximum extent consistent with the public interest. This policy requires a practice of full disclosure of those records that are covered by the requirements of the FOIA, subject only to the specific exemptions required or authorized by law. The exemptions from mandatory disclosure for various types of records provided by 5 U.S.C. 552(b) and 39 U.S.C. 410(c) reflect the fact that under some circumstances, the public interest may be better served by leaving the disclosure of particular records to the discretion of the Postal Service rather than by requiring their disclosure. This Postal Service policy does not create any right enforceable in court. (4) Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. (b) Definitions--(1) Record. (i) For purposes of this part, a record is a discrete, distinct, or segregable grouping of information that pertains to a specific topic that is: (A) Recorded, regardless of media, format, or physical characteristics, including electronic data; and (B) In the custody or control of the Postal Service. (ii) The definition of a record does not include any discrete, distinct, or segregable grouping of information created at the discretion of an employee primarily for the employee's convenience and not disclosed to other employees. The definition of a record is not the same as a ``document;'' a single ``document'' may be a single record or it may include multiple records and groupings of information that do not constitute records as defined in this section. (2) Component. For purposes of this subpart, component means any department or facility within the Postal Service that maintains records; the Office of Inspector General; and the Postal Inspection Service. Postal Service refers to all such components collectively. 0 3. Revise Sec. 265.5(a) to read as follows: Sec. 265.5 Timing of responses to requests. (a) In general. Requests will ordinarily be responded to according to their order of receipt. A request that is not initially submitted to the appropriate FOIA RSC will be deemed to have been received by the Postal Service at the time that it is actually received by the appropriate FOIA RSC, but in any case a request will be deemed to have been received no later than 10 business days after the request is first received by a FOIA RSC. * * * * * 0 4. In Sec. 265.14, revise paragraphs (d) introductory text and (d)(5) introductory text to read as follows: Sec. 265.14 Rules concerning specific categories of records. * * * * * (d) Disclosure of names and addresses of specifically identified Postal Service customers. Upon request, the names and addresses of specifically identified Postal Service customers will be made available only as follows: * * * * * (5) Exceptions. Except as otherwise provided in these regulations, names or addresses of specifically identified Postal Service customers will be furnished only as follows: * * * * * Ruth B. Stevenson, Attorney, Federal Compliance. [FR Doc. 2017-14934 Filed 7-17-17; 8:45 am] BILLING CODE 7710-12-P
![32766 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations
Description • In close proximity to the POSTAL SERVICE
disclosures, though not necessarily
• The institution’s disclosures must 39 CFR Part 265
within the disclosures, the institution
list the following fees: Periodic fees, per
purchase fees (including point-of-sale must disclose the financial account
Production or Disclosure of Material or
fees), ATM withdrawal fees, cash reload provider’s name; the name of the
Information; Adding the Definition of a
fees, overdraft fees, ATM balance account; for T2 accounts, any purchase
Record and Clarifying Language
inquiry fees, customer service fees, and price for the account (such as a fee for
Concerning the Timing of Responses
inactivity fees. These fees are referred to acquiring an access device or a to Requests and Specific Categories of
as ‘‘static fees’’ because all institutions replacement for an access device); and Records
using the Secretary’s format must list any fee for activating the account. If the
these fees in the disclosures, even if the financial account is a T1 account, the AGENCY: Postal ServiceTM.
amount of the fee is zero or the fee institution must also use this space to ACTION: Final rule.
relates to a feature that is not offered as disclose that a student account holder
SUMMARY: The Postal Service is adding
part of the specific account. In cases may access his or her title IV, HEA
the definition of a record to its
where the amount of any fee could vary, program funds in part and in full up to
regulations concerning the Freedom of
the disclosures must show the highest the account balance via domestic Information Act. The Postal Service is
amount the account provider may withdrawals and transfers free of charge, deleting language in order to clarify the
charge for that fee, followed by a during the student’s entire period of timing of responses to requests. The
symbol, such as an asterisk, linked to a enrollment following the date that such Postal Service is also adding two words
statement explaining that the fee could title IV, HEA program funds are to two provisions in its Freedom of
be lower depending on how and where deposited or transferred to the financial Information Act regulations concerning
the account is used. The asterisk would account, as required under special categories of records, for
be included, for example, if point-of- § 668.164(e)(2)(v)(C). We also remind clarification purposes.
sale fees differ depending on whether institutions that T1 accounts may not DATES: Effective date: July 18, 2017.
the cardholder is required to provide a charge fees for opening or activating the
PIN or signature. In cases where a static FOR FURTHER INFORMATION CONTACT:
financial account or initially receiving Natalie A. Bonanno, Chief Counsel,
fee is not imposed, the institution may
or activating an access device, nor for Federal Compliance,
demonstrate that the fee is not
overdrafts or fees assessed on point-of- natalie.a.bonanno@usps.gov, 202–268–
applicable by placing ‘‘N/A’’ or an
equivalent designation in the sale transactions. 2944.
appropriate field. Accessible Format: Individuals with SUPPLEMENTARY INFORMATION: On
• The disclosures must include the disabilities can obtain this document in November 30, 2016 (81 FR 86270), the
number of fee types the accountholder an accessible format (e.g., braille, large Postal Service published its revised
may be charged under the specific print, audiotape, or compact disc) on Freedom of Information Act (FOIA)
account program, excluding those fees request to the program contact person regulations to comply with the FOIA
that are either disclosed on the form or listed under FOR FURTHER INFORMATION Improvement Act of 2016 (FOIAIA),
in close proximity as described below. CONTACT. effective December 27, 2016. In
• The disclosures must also list the Electronic Access to This Document: response to public comments, the Postal
two additional fee types, if any, that The official version of this document is Service published an additional change
generated the highest revenue from to these regulations on January 10, 2017
the document published in the Federal
account holders during the previous 24 (82 FR 2896). After further review, the
Register. Free internet access to the
months excluding static fees, any Postal Service published miscellaneous
official edition of the Federal Register technical corrections to its regulations
purchase price, any activation fees and and the Code of Federal Regulations is
any fee types that generated less than on March 8, 2017 (82 FR 12921). The
available via the Federal Digital System Postal Service is now adding a record
five percent of the total revenue from at: www.gpo.gov/fdsys. At this site you
accountholders, as well as the amounts definition, deleting language from the
can view this document, as well as all timing of responses to requests, and
of such additional fees. The two
other documents of this Department adding two words to two provisions in
additional fee types would be
published in the Federal Register, in its Freedom of Information Act
determined for the specific financial
account program or across programs text or Portable Document Format regulations concerning records relating
with the same fee schedule. Institutions (PDF). To use PDF you must have to specifically identified customers, for
must ensure that the financial account Adobe Acrobat Reader, which is clarification purposes.
provider reviews their fee revenue available free at the site.
List of Subjects in 39 CFR Part 265
periodically and that they assist the You may also access documents of the
institution in updating the disclosures if Administrative practice and
Department published in the Federal
needed. procedure, Courts, Freedom of
Register by using the article search
information, Government employees.
• The disclosures must include feature at: www.federalregister.gov.
For the reasons stated in the
statements regarding FDIC/NCUA Specifically, through the advanced
preamble, the Postal Service amends 39
insurance and a link to the terms and search feature at this site, you can limit
CFR chapter I as follows:
conditions of the account. your search to documents published by
pmangrum on DSK3GDR082PROD with RULES
• The disclosures must include a the Department. PART 265—[AMENDED]
written statement that students do not Dated: July 13, 2017.
have to accept the account offered under ■ 1. The authority citation for 39 CFR
Betsy DeVos, part 265 continues to read as follows:
a T1 or T2 arrangement and may
recommend that students ask about Secretary of Education.
Authority: 5 U.S.C. 552; 5 U.S.C. App. 3;
other ways to receive their Federal [FR Doc. 2017–15077 Filed 7–17–17; 8:45 am] 39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L.
student aid. BILLING CODE 4000–01–P 114–185.
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![Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations 32767
■ 2. Revise § 265.1 to read as follows: groupings of information that do not approve several revisions to the North
constitute records as defined in this Carolina State Implementation Plan
§ 265.1 General provisions. section. (SIP) submitted by the State of North
(a) Policy. (1) This subpart contains (2) Component. For purposes of this Carolina through the North Carolina
the regulations that implement the subpart, component means any Department of Environmental Quality
Freedom of Information Act (FOIA), 5 department or facility within the Postal (formerly the North Carolina
U.S.C. 552, insofar as the Act applies to Service that maintains records; the Department of Environment and Natural
the Postal Service. These rules should Office of Inspector General; and the Resources (NCDENR)), Division of Air
be read in conjunction with the text of Postal Inspection Service. Postal Service Quality (DAQ), on October 14, 2004,
the FOIA and the Uniform Freedom of refers to all such components March 24, 2006, and January 31, 2008.
Information Fee Schedule and collectively. The revisions include changes to several
Guidelines published by the Office of ■ 3. Revise § 265.5(a) to read as follows: regulations and the addition of a new
Management and Budget (OMB section to the Exclusionary Rules of the
Guidelines). The Postal Service FOIA § 265.5 Timing of responses to requests. North Carolina SIP. These revisions are
Requester’s Guide, an easy-to-read guide (a) In general. Requests will ordinarily part of North Carolina’s strategy to meet
for making Postal Service FOIA be responded to according to their order and maintain the national ambient air
requests, is available at http:// of receipt. A request that is not initially quality standards (NAAQS). This action
about.usps.com/who-we-are/foia/ submitted to the appropriate FOIA RSC is being taken pursuant to the Clean Air
welcome.htm. will be deemed to have been received by Act (CAA or Act) and its implementing
(2) Requests made by individuals for the Postal Service at the time that it is regulations.
records about themselves under the actually received by the appropriate DATES: This direct final rule is effective
Privacy Act of 1974, 5 U.S.C. 552a, are FOIA RSC, but in any case a request will September 18, 2017 without further
processed under part 266 of this chapter be deemed to have been received no notice, unless EPA receives adverse
as well as under this subpart. later than 10 business days after the comment by August 17, 2017. If adverse
(3) It is the policy of the Postal request is first received by a FOIA RSC. comment is received, EPA will publish
Service to make its official records * * * * * a timely withdrawal of the direct final
available to the public to the maximum rule in the Federal Register and inform
■ 4. In § 265.14, revise paragraphs (d)
extent consistent with the public the public that the rule will not take
introductory text and (d)(5) introductory
interest. This policy requires a practice effect.
text to read as follows:
of full disclosure of those records that
ADDRESSES: Submit your comments,
are covered by the requirements of the § 265.14 Rules concerning specific
FOIA, subject only to the specific categories of records.
identified by Docket ID No. EPA–R04–
exemptions required or authorized by OAR–2007–0085 at http://
* * * * * www.regulations.gov. Follow the online
law. The exemptions from mandatory (d) Disclosure of names and addresses
disclosure for various types of records instructions for submitting comments.
of specifically identified Postal Service Once submitted, comments cannot be
provided by 5 U.S.C. 552(b) and 39 customers. Upon request, the names and
U.S.C. 410(c) reflect the fact that under edited or removed from Regulations.gov.
addresses of specifically identified EPA may publish any comment received
some circumstances, the public interest Postal Service customers will be made to its public docket. Do not submit
may be better served by leaving the available only as follows: electronically any information you
disclosure of particular records to the * * * * * consider to be Confidential Business
discretion of the Postal Service rather (5) Exceptions. Except as otherwise Information (CBI) or other information
than by requiring their disclosure. This provided in these regulations, names or whose disclosure is restricted by statute.
Postal Service policy does not create addresses of specifically identified Multimedia submissions (audio, video,
any right enforceable in court. Postal Service customers will be
(4) Nothing in this subpart shall be etc.) must be accompanied by a written
furnished only as follows: comment. The written comment is
construed to entitle any person, as of
right, to any service or to the disclosure * * * * * considered the official comment and
of any record to which such person is should include discussion of all points
Ruth B. Stevenson,
not entitled under the FOIA. you wish to make. EPA will generally
Attorney, Federal Compliance.
(b) Definitions—(1) Record. (i) For not consider comments or comment
[FR Doc. 2017–14934 Filed 7–17–17; 8:45 am] contents located outside of the primary
purposes of this part, a record is a
discrete, distinct, or segregable grouping
BILLING CODE 7710–12–P submission (i.e. on the web, cloud, or
of information that pertains to a specific other file sharing system). For
topic that is: additional submission methods, the full
(A) Recorded, regardless of media, ENVIRONMENTAL PROTECTION EPA public comment policy,
format, or physical characteristics, AGENCY information about CBI or multimedia
including electronic data; and submissions, and general guidance on
40 CFR Part 52 making effective comments, please visit
(B) In the custody or control of the
Postal Service. [EPA–R04–OAR–2007–0085; FRL–9965–02– http://www2.epa.gov/dockets/
(ii) The definition of a record does not Region 4] commenting-epa-dockets.
include any discrete, distinct, or FOR FURTHER INFORMATION CONTACT:
segregable grouping of information Air Plan Approval; NC; Open Burning Sean Lakeman or Nacosta C. Ward, Air
pmangrum on DSK3GDR082PROD with RULES
created at the discretion of an employee and Miscellaneous Revisions Regulatory Management Section, Air
primarily for the employee’s AGENCY: Environmental Protection Planning and Implementation Branch,
convenience and not disclosed to other Agency (EPA). Air, Pesticides and Toxics Management
employees. The definition of a record is ACTION: Direct final rule. Division, U.S. Environmental Protection
not the same as a ‘‘document;’’ a single Agency, Region 4, 61 Forsyth Street
‘‘document’’ may be a single record or SUMMARY: The Environmental Protection SW., Atlanta, Georgia 30303–8960. Mr.
it may include multiple records and Agency (EPA) is taking final action to Lakeman can be reached via telephone
VerDate Sep<11>2014 14:57 Jul 17, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\18JYR1.SGM 18JYR1](https://thefederalregister.org/doc/82_FR_32902/page/2.svg)
Document Created: 2018-10-24 11:24:48
Document Modified: 2018-10-24 11:24:48
| 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: July 18, 2017. | |
| Contact | Natalie A. Bonanno, Chief Counsel, Federal Compliance, [email protected], 202-268-2944. | |
| FR Citation | 82 FR 32766 | |
| CFR Associated | Administrative Practice and Procedure; Courts; Freedom of Information and Government Employees |
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