83_FR_28049 83 FR 27933 - Production or Disclosure of Material or Information

83 FR 27933 - Production or Disclosure of Material or Information

POSTAL SERVICE

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range27933-27936
FR Document2018-12858

The Postal Service proposes to amend its Freedom of Information Act (FOIA) and Privacy Act regulations. These changes would improve clarity, make technical corrections, and create a definition of ``information of a commercial nature'' as it pertains to the Postal Reorganization Act's provisions concerning disclosure of information under the Freedom of Information Act.

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 27933-27936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12858]


=======================================================================
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POSTAL SERVICE

39 CFR Parts 265 and 266


Production or Disclosure of Material or Information

AGENCY: Postal Service\TM\.

ACTION: Proposed rule.

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

SUMMARY: The Postal Service proposes to amend its Freedom of 
Information Act (FOIA) and Privacy Act regulations. These changes would 
improve clarity, make technical corrections, and create a definition of 
``information of a commercial nature'' as it pertains to the Postal 
Reorganization Act's provisions concerning disclosure of information 
under the Freedom of Information Act.

DATES: Comments must be received on or before July 16, 2018.

ADDRESSES: Mail or deliver written comments to: Associate General 
Counsel and Chief Ethics & Compliance Officer, 475 L'Enfant Plaza SW, 
Room 6000, Washington, DC 20260-1135. Email and faxed comments are not 
accepted. You may inspect and photocopy all written comments, by 
appointment only, at USPS[reg] Headquarters Library, 475 L'Enfant Plaza 
SW, 11th Floor North, Washington, DC 20260. These records are available 
for review on Monday through Friday, 9 a.m.-4 p.m., by calling 202-268-
2904.

FOR FURTHER INFORMATION CONTACT: Ruth B. Stevenson, Attorney, Federal 
Compliance, ruth.b.stevenson@usps.gov, 202-268-6627.

[[Page 27934]]


SUPPLEMENTARY INFORMATION: The Postal Service proposes to amend 39 CFR 
part 265 to make technical corrections to conform to the FOIA and to 
establish a definition of information of a commercial nature. The 
amendments to Sections 265.1 and 265.3 correct citations. The amendment 
to Section 265.6 adds paragraph (e)(2) so as to conform to the FOIA 
Improvement Act of 2016. (130 Stat. 544). The amendment to Section 
265.9 eliminates an internal cross reference to the CFR by stating the 
dollar amount to be charged by Postal Service personnel when reviewing 
records in response to a FOIA request. The amendments to Section 265.14 
establish a definition of ``information of a commercial nature'' to 
comply with applicable case law and to provide examples of the type of 
information that may be commercial in nature. Section 265.14 is further 
amended to clarify that the Postal Service will release change of 
address information submitted by a business. It is further amended to 
limit the disclosure of change of address information submitted by 
domestic violence shelters. Finally, the Postal Service proposes to 
amend 39 CFR part 266 to conform with Privacy Act provisions pertaining 
to disclosure of information and to define a court of competent 
jurisdiction.

List of Subjects

39 CFR Part 265

    Administrative practice and procedure, Courts, Freedom of 
information, Government employees.

39 CFR Part 266

    Privacy.

    For the reasons stated in the preamble, the Postal Service proposes 
to amend 39 CFR chapter I as follows:

PART 265--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

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.  265.1 to revise paragraph (a)(1) to read as follows:


Sec.  265.1   General provisions.

    (a) * * *
    (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 Act 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.
* * * * *
0
3. Amend Sec.  265.3 to revise paragraphs (d) and (e) to read as 
follows:


Sec.  265.3   Procedure for submitting a FOIA request.

* * * * *
    (d) First-party requests. A requester who is making a request for 
records about himself must provide verification of identity sufficient 
to satisfy the component as to his identity prior to release of the 
record. For Privacy Act-protected records, the requester must further 
comply with the procedures set forth in 39 CFR 266.5.
    (e) Third-party requests. Where a FOIA request seeks disclosure of 
records that pertain to a third party, a requester may receive greater 
access by submitting a written authorization signed by that individual 
authorizing disclosure of the records to the requester, or by 
submitting proof that the individual is deceased (e.g., a copy of a 
death certificate or an obituary). As an exercise of administrative 
discretion, each component can require a requester to supply a 
notarized authorization, a declaration, a completed Privacy Waiver as 
set forth in 39 CFR 266.5(b)(2)(iii), or other additional information 
if necessary in order to verify that a particular individual has 
consented to disclosure.
* * * * *
0
4. Amend Sec.  265.6 to add paragraph (e)(2) to read as follows:


Sec.  265.6   Responses to requests.

* * * * *
    (e) * * *
    (2) Any component invoking an exclusion must maintain an 
administrative record of the process of invocation and approval of 
exclusion by OIP.
0
5. Amend Sec.  265.9 to revise paragraph (c)(3) to read as follows:


Sec.  265.9   Fees.

* * * * *
    (c) * * *
    (3) Review. Commercial-use requesters shall be charged review fees 
at the rate of $21.00 for each half hour by personnel reviewing the 
records. Review fees shall be assessed in connection with the initial 
review of the record, i.e., the review conducted by a component to 
determine whether an exemption applies to a particular record or 
portion of a record. No charge will be made for review at the 
administrative appeal stage of exemptions applied at the initial review 
stage. However, if a particular exemption is deemed to no longer apply, 
any costs associated with a component's re-review of the records in 
order to consider the use of other exemptions may be assessed as review 
fees.
* * * * *
0
6. Amend Sec.  265.14 to revise paragraphs (b), (d)(1), and (d)(2) to 
read as follows:


Sec.  265.14   Rules concerning specific categories of records.

* * * * *
    (b) Information not subject to mandatory public disclosure. Certain 
types of information are exempt from mandatory disclosure under 
exemptions contained in the Freedom of Information Act and in 39 U.S.C. 
410(c). The Postal Service will exercise its discretion, in accordance 
with the policy stated in Sec.  265.1(c), as implemented by 
instructions issued by the Records Office with the approval of the 
General Counsel in determining whether the public interest is served by 
the inspection or copying of records that are:
    (1) Related solely to the internal personnel rules and practices of 
the Postal Service.
    (2) Trade secrets, or privileged or confidential commercial or 
financial information, obtained from any person.
    (3) Information of a commercial nature, including trade secrets, 
whether or not obtained from a person outside the Postal Service, which 
under good business practice would not be publicly disclosed. 
Information is of a commercial nature if it relates to commerce, trade, 
profit, or the Postal Service's ability to conduct itself in a 
businesslike manner.
    (i) When assessing whether information is commercial in nature, the 
Postal Service will consider whether the information:
    (A) Relates to products or services subject to economic 
competition, including, but not limited to, ``competitive'' products or 
services as defined in 39 U.S.C. 3631 and by regulations and decisions 
of the Postal Regulatory Commission, an inbound international service, 
or an outbound international service for which rates or service 
features are treated as nonpublic in regulatory filings;
    (B) Relates to the Postal Service's activities that are analogous 
to a private business in the marketplace;

[[Page 27935]]

    (C) Would be of potential benefit to individuals or entities in 
economic competition with the Postal Service, its customers, suppliers, 
affiliates, or business partners or could be used to cause harm to a 
commercial interest of the Postal Service, its customers, suppliers, 
affiliates, or business partners;
    (D) Is proprietary or includes conditions or protections on 
distribution and disclosure, is subject to a nondisclosure agreement, 
or a third party has otherwise expressed an interest in protecting such 
information from disclosure;
    (E) Is the result of negotiations, agreements, contracts or 
business deals between the Postal Service and a business entity; or
    (F) Relates primarily to the Postal Service's governmental 
functions or its activities as a provider of basic public services.
    (ii) No one factor is determinative. Rather, each factor should be 
considered in conjunction with the other factors and the overall 
character of the particular information. Some examples of commercial 
information include, but are not limited to:
    (A) Information related to methods of handling valuable registered 
mail.
    (B) Records of money orders except as provided in Section 509.3 of 
the Domestic Mail Manual.
    (C) Technical information concerning postage meters and prototypes 
submitted for Postal Service approval prior to leasing to mailers.
    (D) Quantitative data, whether historical or current, reflecting 
the number of postage meters or PC postage accounts.
    (E) Reports of market surveys conducted by or under contract on 
behalf of the Postal Service.
    (F) Records indicating carrier or delivery lines of travel.
    (G) Information which, if publicly disclosed, could materially 
increase procurement costs.
    (H) Information which, if publicly disclosed, could compromise 
testing or examination materials.
    (I) Service performance data on competitive services.
    (J) Facility specific volume, revenue, and cost information.
    (K) Country-specific international mail volume and revenue data.
    (L) Non-public international volume, revenue and cost data.
    (M) Pricing and negotiated terms in bilateral arrangements with 
foreign postal operators.
    (N) Information identifying USPS business customers.
    (O) Financial information in or the identities of parties to 
Negotiated Service Agreements or Package Incentive Agreements.
    (P) Negotiated terms in contracts.
    (Q) Negotiated terms in leases.
    (R) Geolocation data.
    (S) Proprietary algorithms or software created by the Postal 
Service.
    (T) Sales performance goals, standards, or requirements.
    (U) Technical information or specifications concerning mail 
processing equipment.
* * * * *
    (d) * * *
    (1) Change of address. The new address of any specific business or 
organization that has filed a permanent change of address order (by 
submitting PS Form 3575, a hand written order, or an electronically 
communicated order) will be furnished to any person upon request. If a 
domestic violence shelter has filed a letter on official letterhead 
from a domestic violence coalition stating:
    (i) That such domestic violence coalition meets the requirements of 
42 U.S.C. 10410; and
    (ii) That the organization filing the change of address is a 
domestic violence shelter, the new address shall not be released except 
pursuant to applicable routine uses. The new address of any individual 
or family that has filed a permanent or temporary change of address 
order will be furnished only in those circumstances stated at paragraph 
(d)(5) of this section. Disclosure will be limited to the address of 
the specifically identified individual about whom the information is 
requested (not other family members or individuals whose names may also 
appear on the change of address order). The Postal Service reserves the 
right not to disclose the address of an individual for the protection 
of the individual's personal safety. Other information on PS Form 3575 
or copies of the form will not be furnished except in those 
circumstances stated at paragraphs (d)(5)(i), (d)(5)(iii), or 
(d)(5)(iv) of this section.
    (2) Name and address of permit holder. The name and address of the 
holder of a particular bulk mail permit, permit imprint or similar 
permit (but not including postage meter licenses), and the name of any 
person applying for a permit on behalf of a holder will be furnished to 
any person upon request. For the name and address of a postage meter 
license holder, see paragraph (d)(3) of this section. (Lists of permit 
holders may not be disclosed to members of the public. See paragraph 
(e)(1) of this section.)
* * * * *

PART 266--PRIVACY OF INFORMATION

0
7. The authority citation for part 266 continues to read as follows:

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

0
8. Amend Sec.  266.3 to revise the introductory text of paragraph (a), 
paragraphs (a)(1)(iii) and (a)(3), (b)(1) introductory text, (b)(1)(i), 
(b)(1)(iii), (b)(2) introductory text, (b)(2)(iii), (b)(2)(xi), and the 
paragraph heading of (b)(5) to read as follows:


Sec.  266.3   Collection and disclosure of information about 
individuals.

    (a) This section governs the collection of information about 
individuals, as defined in the Privacy Act of 1974, throughout the 
United States Postal Service and across its operations;
* * * * *
    (3) The Postal Service will maintain no record describing how an 
individual exercises rights guaranteed by the First Amendment unless 
expressly authorized by statute or by the individual about whom the 
record is maintained or unless pertinent to and within the scope of an 
authorized law enforcement activity.
* * * * *
    (b) * * *
    (1) Limitations. The Postal Service will not disclose information 
about an individual unless reasonable efforts have been made to assure 
that the information is accurate, complete, timely and relevant to the 
extent provided by the Privacy Act and unless:
    (i) The individual to whom the record pertains has requested in 
writing, or with the prior written consent of the individual to whom 
the record pertains, that the information be disclosed, unless the 
individual would not be entitled to access to the record under the 
Postal Reorganization Act, the Privacy Act, or other law;
* * * * *
    (iii) The disclosure is in accordance with paragraph (b)(2) of this 
section.
    (2) Conditions of Disclosure. Disclosure of personal information 
maintained in a system of records may be made:
* * * * *
    (iii) For a routine use as contained in the system of records 
notices published in the Federal Register;
* * * * *
    (xi) Pursuant to the order of a court of competent jurisdiction. A 
court of competent jurisdiction is defined in Article III of the United 
States Constitution including, but not limited to any United States 
District Court, any United States or Federal Court of

[[Page 27936]]

Appeals, the United States Court of Federal Claims, and the United 
States Supreme Court. For purposes of this section, state courts are 
not courts of competent jurisdiction.
* * * * *
    (5) Employment status. * * *
* * * * *

Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2018-12858 Filed 6-14-18; 8:45 am]
 BILLING CODE 7710-12-P



                                                                            Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules                                                 27933

                                                  FOR FURTHER INFORMATION CONTACT:    If                  of the Sabine Pass Anchorage Ground by                 CONTACT section of this document for
                                                  you have questions about this notice of                 800 feet on the north end of the                       alternate instructions. In your
                                                  inquiry, call or email Mr. Scott K.                     anchorage in order to reduce the risk of               submission, please include the docket
                                                  Whalen, Marine Safety Unit Port Arthur,                 collision between anchored vessels and                 number for this notice of inquiry and
                                                  U.S. Coast Guard; telephone 409–719–                    berthing and unberthing vessels at                     provide a reason for each suggestion or
                                                  5086, email: Scott.K.Whalen@uscg.mil.                   Cheniere’s terminal, as well as to reduce              recommendation.
                                                  SUPPLEMENTARY INFORMATION:                              the risk of grounding by providing a                      We accept anonymous comments. All
                                                                                                          larger maneuvering area for vessels                    comments received will be posted
                                                  I. Table of Abbreviations                               calling Cheniere’s terminal (71 FR                     without change to http://
                                                                                                          58330). Both comments we received                      www.regulations.gov and will include
                                                  CFR Code of Federal Regulations                         during that rulemaking process
                                                  DHS Department of Homeland Security
                                                                                                                                                                 any personal information you have
                                                  U.S.C. United States Code
                                                                                                          supported the proposed reduction on                    provided. For more about privacy and
                                                                                                          the basis of enhancing navigation safety.              the docket, visit http://
                                                  II. Background and Purpose                              One commenter noted that ‘‘the                         www.regulations.gov/privacyNotice.
                                                     In 1967, the Secretary of the Army                   anchorage was infrequently used and                       Documents mentioned in this notice
                                                  transferred responsibility for certain                  would have minimal impact on the                       of inquiry as being available in the
                                                  functions, power, and duties to the                     economy.’’ On January 5, 2007, the                     docket, and all public comments, will
                                                  Secretary of Transportation. Among the                  Coast Guard published the final rule                   be in our online docket at http://
                                                  responsibilities transferred to the                     reducing the overall size of the                       www.regulations.gov and can be viewed
                                                  Secretary of Transportation was                         anchorage consistent with the proposal                 by following that website’s instructions.
                                                  establishment and administration of                     (72 FR 463).                                             Dated: June 12, 2018.
                                                                                                             On November 8, 2017, we received a
                                                  water vessel anchorages. On December                                                                           Paul F. Thomas,
                                                                                                          request from Sabine Pass LNG L.P. to
                                                  12, 1967, the regulations for the Sabine                                                                       Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                          disestablish the Sabine Pass Anchorage
                                                  Pass Anchorage Ground were                                                                                     Eighth Coast Guard District.
                                                                                                          Ground in its entirety. The request
                                                  republished in 33 CFR part 110, without                                                                        [FR Doc. 2018–12910 Filed 6–14–18; 8:45 am]
                                                                                                          states that the anchorage is rarely used
                                                  change, under this new authority (32 FR
                                                                                                          and its disestablishment would not                     BILLING CODE 9110–04–P
                                                  17726). The regulations for the Sabine
                                                                                                          significantly impact vessels that use the
                                                  Pass Channel Anchorage Ground in
                                                                                                          area. A copy of this request is available
                                                  Sabine, TX are contained in 33 CFR                                                                             POSTAL SERVICE
                                                                                                          in the docket where indicated under
                                                  110.196.
                                                                                                          ADDRESSES.
                                                     The legal basis and authorities for this                A review of Vessel Traffic Service                  39 CFR Parts 265 and 266
                                                  notice of inquiry are found in 33 U.S.C.                transit reports shows that deep draft
                                                  471, 1221 through 1236; 33 CFR 1.05–                    ships have not made use of this                        Production or Disclosure of Material or
                                                  1, and Department of Homeland                           anchorage during the last decade. It is                Information
                                                  Security Delegation No. 0170.1, which                   estimated that the anchorage area is
                                                  collectively authorize the Coast Guard                                                                         AGENCY:    Postal ServiceTM.
                                                                                                          utilized an average of 27 times each year              ACTION:   Proposed rule.
                                                  to propose, establish, and define                       by shallow draft vessels (for example,
                                                  regulatory anchorages. As reflected in                  tows, dredges, and work boats) for                     SUMMARY:   The Postal Service proposes
                                                  title 33 CFR 109.05, the Commandant of                  shortening tow or for use as a staging                 to amend its Freedom of Information
                                                  the U.S. Coast Guard has delegated the                  area for local work projects such as                   Act (FOIA) and Privacy Act regulations.
                                                  authority to establish anchorage grounds                dredging.                                              These changes would improve clarity,
                                                  to U.S. Coast Guard District
                                                                                                          III. Information Requested                             make technical corrections, and create a
                                                  Commanders. The Coast Guard is now
                                                                                                                                                                 definition of ‘‘information of a
                                                  requesting comments on considering a                       We seek your comments on whether                    commercial nature’’ as it pertains to the
                                                  proposed rulemaking based on Sabine                     we should consider a proposed                          Postal Reorganization Act’s provisions
                                                  Pass LNG L.P.’s request for                             rulemaking to disestablish or otherwise                concerning disclosure of information
                                                  disestablishing the Sabine Pass                         modify the Sabine Pass Anchorage                       under the Freedom of Information Act.
                                                  Anchorage Ground, or if other actions,                  Ground. In particular, the Coast Guard
                                                  such as reducing the size of the                                                                               DATES: Comments must be received on
                                                                                                          requests your input to determine if there              or before July 16, 2018.
                                                  anchorage, should also be considered.                   remains a need for a regulated
                                                     As discussed earlier, administration                                                                        ADDRESSES: Mail or deliver written
                                                                                                          anchorage in this area, and if so, to what
                                                  of the Sabine Pass Anchorage Ground                     extent and for what purpose; if a                      comments to: Associate General Counsel
                                                  was originally transferred to the Coast                 reduction in size of the anchorage                     and Chief Ethics & Compliance Officer,
                                                  Guard in 1967. Under 33 CFR 110.196,                    would meet current and anticipated                     475 L’Enfant Plaza SW, Room 6000,
                                                  the anchorage ground is ‘‘for the                       industry needs; or if other options                    Washington, DC 20260–1135. Email and
                                                  temporary use of vessels of all types, but              should be considered. Recent U.S. Army                 faxed comments are not accepted. You
                                                  especially for naval and merchant                       Corps of Engineers survey data of the                  may inspect and photocopy all written
                                                  vessels awaiting weather and tidal                      anchorage is available in the docket                   comments, by appointment only, at
                                                  conditions favorable to the resumption                  where indicated under ADDRESSES.                       USPS® Headquarters Library, 475
                                                  of their voyages.’’ In 2006, Cheniere                                                                          L’Enfant Plaza SW, 11th Floor North,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Energy began construction of a liquefied                IV. Public Participation and Request for               Washington, DC 20260. These records
                                                  natural gas terminal on the eastern                     Comments                                               are available for review on Monday
                                                  waterfront of the Sabine Pass Channel,                    We encourage you to submit                           through Friday, 9 a.m.–4 p.m., by
                                                  immediately north and adjacent to the                   comments through the Federal portal at                 calling 202–268–2904.
                                                  Sabine Pass Channel Anchorage                           http://www.regulations.gov. If your                    FOR FURTHER INFORMATION CONTACT:
                                                  Ground. On October 3, 2006, the Coast                   material cannot be submitted using                     Ruth B. Stevenson, Attorney, Federal
                                                  Guard published a notice of proposed                    http://www.regulations.gov, contact the                Compliance, ruth.b.stevenson@usps.gov,
                                                  rulemaking proposing to reduce the area                 person in the FOR FURTHER INFORMATION                  202–268–6627.


                                             VerDate Sep<11>2014   16:14 Jun 14, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\15JNP1.SGM   15JNP1


                                                  27934                     Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules

                                                  SUPPLEMENTARY INFORMATION:       The Postal             Information Act Fee Schedule and                        component to determine whether an
                                                  Service proposes to amend 39 CFR part                   Guidelines published by the Office of                   exemption applies to a particular record
                                                  265 to make technical corrections to                    Management and Budget (OMB                              or portion of a record. No charge will be
                                                  conform to the FOIA and to establish a                  Guidelines). The Postal Service FOIA                    made for review at the administrative
                                                  definition of information of a                          Requester’s Guide, an easy-to-read guide                appeal stage of exemptions applied at
                                                  commercial nature. The amendments to                    for making Postal Service FOIA                          the initial review stage. However, if a
                                                  Sections 265.1 and 265.3 correct                        requests, is available at http://                       particular exemption is deemed to no
                                                  citations. The amendment to Section                     about.usps.com/who-we-are/foia/                         longer apply, any costs associated with
                                                  265.6 adds paragraph (e)(2) so as to                    welcome.htm.                                            a component’s re-review of the records
                                                  conform to the FOIA Improvement Act                     *     *     *     *     *                               in order to consider the use of other
                                                  of 2016. (130 Stat. 544). The amendment                 ■ 3. Amend § 265.3 to revise paragraphs                 exemptions may be assessed as review
                                                  to Section 265.9 eliminates an internal                 (d) and (e) to read as follows:                         fees.
                                                  cross reference to the CFR by stating the                                                                       *     *      *    *     *
                                                  dollar amount to be charged by Postal                   § 265.3 Procedure for submitting a FOIA                 ■ 6. Amend § 265.14 to revise
                                                  Service personnel when reviewing                        request.
                                                                                                                                                                  paragraphs (b), (d)(1), and (d)(2) to read
                                                  records in response to a FOIA request.                  *      *     *     *    *                               as follows:
                                                  The amendments to Section 265.14                           (d) First-party requests. A requester
                                                  establish a definition of ‘‘information of              who is making a request for records                     § 265.14 Rules concerning specific
                                                                                                          about himself must provide verification                 categories of records.
                                                  a commercial nature’’ to comply with
                                                  applicable case law and to provide                      of identity sufficient to satisfy the                   *      *    *      *    *
                                                  examples of the type of information that                component as to his identity prior to                      (b) Information not subject to
                                                  may be commercial in nature. Section                    release of the record. For Privacy Act-                 mandatory public disclosure. Certain
                                                  265.14 is further amended to clarify that               protected records, the requester must                   types of information are exempt from
                                                  the Postal Service will release change of               further comply with the procedures set                  mandatory disclosure under exemptions
                                                  address information submitted by a                      forth in 39 CFR 266.5.                                  contained in the Freedom of
                                                  business. It is further amended to limit                   (e) Third-party requests. Where a                    Information Act and in 39 U.S.C. 410(c).
                                                  the disclosure of change of address                     FOIA request seeks disclosure of records                The Postal Service will exercise its
                                                  information submitted by domestic                       that pertain to a third party, a requester              discretion, in accordance with the
                                                  violence shelters. Finally, the Postal                  may receive greater access by submitting                policy stated in § 265.1(c), as
                                                  Service proposes to amend 39 CFR part                   a written authorization signed by that                  implemented by instructions issued by
                                                  266 to conform with Privacy Act                         individual authorizing disclosure of the                the Records Office with the approval of
                                                  provisions pertaining to disclosure of                  records to the requester, or by                         the General Counsel in determining
                                                  information and to define a court of                    submitting proof that the individual is                 whether the public interest is served by
                                                  competent jurisdiction.                                 deceased (e.g., a copy of a death                       the inspection or copying of records that
                                                                                                          certificate or an obituary). As an                      are:
                                                  List of Subjects                                        exercise of administrative discretion,                     (1) Related solely to the internal
                                                  39 CFR Part 265                                         each component can require a requester                  personnel rules and practices of the
                                                                                                          to supply a notarized authorization, a                  Postal Service.
                                                    Administrative practice and                           declaration, a completed Privacy Waiver                    (2) Trade secrets, or privileged or
                                                  procedure, Courts, Freedom of                           as set forth in 39 CFR 266.5(b)(2)(iii), or             confidential commercial or financial
                                                  information, Government employees.                      other additional information if                         information, obtained from any person.
                                                  39 CFR Part 266                                         necessary in order to verify that a                        (3) Information of a commercial
                                                                                                          particular individual has consented to                  nature, including trade secrets, whether
                                                    Privacy.                                                                                                      or not obtained from a person outside
                                                                                                          disclosure.
                                                    For the reasons stated in the                                                                                 the Postal Service, which under good
                                                                                                          *      *     *     *    *
                                                  preamble, the Postal Service proposes to                                                                        business practice would not be publicly
                                                                                                          ■ 4. Amend § 265.6 to add paragraph
                                                  amend 39 CFR chapter I as follows:                                                                              disclosed. Information is of a
                                                                                                          (e)(2) to read as follows:
                                                                                                                                                                  commercial nature if it relates to
                                                  PART 265—PRODUCTION OR                                  § 265.6    Responses to requests.                       commerce, trade, profit, or the Postal
                                                  DISCLOSURE OF MATERIAL OR                                                                                       Service’s ability to conduct itself in a
                                                                                                          *      *     *     *    *
                                                  INFORMATION                                                (e) * * *                                            businesslike manner.
                                                                                                             (2) Any component invoking an                           (i) When assessing whether
                                                  ■ 1. The authority citation for part 265                                                                        information is commercial in nature, the
                                                  continues to read as follows:                           exclusion must maintain an
                                                                                                          administrative record of the process of                 Postal Service will consider whether the
                                                    Authority: 5 U.S.C. 552; 5 U.S.C. App. 3;             invocation and approval of exclusion by                 information:
                                                  39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L.            OIP.                                                       (A) Relates to products or services
                                                  114–185.                                                                                                        subject to economic competition,
                                                                                                          ■ 5. Amend § 265.9 to revise paragraph
                                                  ■ 2. Amend § 265.1 to revise paragraph                  (c)(3) to read as follows:                              including, but not limited to,
                                                  (a)(1) to read as follows:                                                                                      ‘‘competitive’’ products or services as
                                                                                                          § 265.9    Fees.                                        defined in 39 U.S.C. 3631 and by
                                                  § 265.1   General provisions.                           *      *     *     *    *                               regulations and decisions of the Postal
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                                                    (a) * * *                                                (c) * * *                                            Regulatory Commission, an inbound
                                                    (1) This subpart contains the                            (3) Review. Commercial-use                           international service, or an outbound
                                                  regulations that implement the Freedom                  requesters shall be charged review fees                 international service for which rates or
                                                  of Information Act (FOIA), 5 U.S.C. 552,                at the rate of $21.00 for each half hour                service features are treated as nonpublic
                                                  insofar as the Act applies to the Postal                by personnel reviewing the records.                     in regulatory filings;
                                                  Service. These rules should be read in                  Review fees shall be assessed in                           (B) Relates to the Postal Service’s
                                                  conjunction with the text of the FOIA                   connection with the initial review of the               activities that are analogous to a private
                                                  and the Uniform Freedom of                              record, i.e., the review conducted by a                 business in the marketplace;


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                                                                            Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules                                                27935

                                                     (C) Would be of potential benefit to                 Service Agreements or Package                          PART 266—PRIVACY OF
                                                  individuals or entities in economic                     Incentive Agreements.                                  INFORMATION
                                                  competition with the Postal Service, its                  (P) Negotiated terms in contracts.
                                                  customers, suppliers, affiliates, or                                                                           ■ 7. The authority citation for part 266
                                                                                                            (Q) Negotiated terms in leases.
                                                  business partners or could be used to                                                                          continues to read as follows:
                                                                                                            (R) Geolocation data.
                                                  cause harm to a commercial interest of                    (S) Proprietary algorithms or software                   Authority: 5 U.S.C. 552a; 39 U.S.C. 401.
                                                  the Postal Service, its customers,                      created by the Postal Service.                         ■ 8. Amend § 266.3 to revise the
                                                  suppliers, affiliates, or business                        (T) Sales performance goals,                         introductory text of paragraph (a),
                                                  partners;                                                                                                      paragraphs (a)(1)(iii) and (a)(3), (b)(1)
                                                                                                          standards, or requirements.
                                                     (D) Is proprietary or includes                                                                              introductory text, (b)(1)(i), (b)(1)(iii),
                                                  conditions or protections on                              (U) Technical information or
                                                                                                          specifications concerning mail                         (b)(2) introductory text, (b)(2)(iii),
                                                  distribution and disclosure, is subject to                                                                     (b)(2)(xi), and the paragraph heading of
                                                  a nondisclosure agreement, or a third                   processing equipment.
                                                                                                          *       *    *     *     *                             (b)(5) to read as follows:
                                                  party has otherwise expressed an
                                                  interest in protecting such information                   (d) * * *                                            § 266.3 Collection and disclosure of
                                                  from disclosure;                                          (1) Change of address. The new                       information about individuals.
                                                     (E) Is the result of negotiations,                   address of any specific business or                      (a) This section governs the collection
                                                  agreements, contracts or business deals                 organization that has filed a permanent                of information about individuals, as
                                                  between the Postal Service and a                        change of address order (by submitting                 defined in the Privacy Act of 1974,
                                                  business entity; or                                     PS Form 3575, a hand written order, or                 throughout the United States Postal
                                                     (F) Relates primarily to the Postal                  an electronically communicated order)                  Service and across its operations;
                                                  Service’s governmental functions or its                 will be furnished to any person upon                   *      *     *     *    *
                                                  activities as a provider of basic public                request. If a domestic violence shelter                  (3) The Postal Service will maintain
                                                  services.                                               has filed a letter on official letterhead              no record describing how an individual
                                                     (ii) No one factor is determinative.                 from a domestic violence coalition                     exercises rights guaranteed by the First
                                                  Rather, each factor should be considered                stating:                                               Amendment unless expressly
                                                  in conjunction with the other factors                      (i) That such domestic violence                     authorized by statute or by the
                                                  and the overall character of the                        coalition meets the requirements of 42                 individual about whom the record is
                                                  particular information. Some examples                   U.S.C. 10410; and                                      maintained or unless pertinent to and
                                                  of commercial information include, but
                                                                                                             (ii) That the organization filing the               within the scope of an authorized law
                                                  are not limited to:
                                                     (A) Information related to methods of                change of address is a domestic violence               enforcement activity.
                                                  handling valuable registered mail.                      shelter, the new address shall not be                  *      *     *     *    *
                                                     (B) Records of money orders except as                released except pursuant to applicable                   (b) * * *
                                                  provided in Section 509.3 of the                        routine uses. The new address of any                     (1) Limitations. The Postal Service
                                                  Domestic Mail Manual.                                   individual or family that has filed a                  will not disclose information about an
                                                     (C) Technical information concerning                 permanent or temporary change of                       individual unless reasonable efforts
                                                  postage meters and prototypes                           address order will be furnished only in                have been made to assure that the
                                                  submitted for Postal Service approval                   those circumstances stated at paragraph                information is accurate, complete,
                                                  prior to leasing to mailers.                            (d)(5) of this section. Disclosure will be             timely and relevant to the extent
                                                     (D) Quantitative data, whether                       limited to the address of the specifically             provided by the Privacy Act and unless:
                                                  historical or current, reflecting the                   identified individual about whom the                     (i) The individual to whom the record
                                                  number of postage meters or PC postage                  information is requested (not other                    pertains has requested in writing, or
                                                  accounts.                                               family members or individuals whose                    with the prior written consent of the
                                                     (E) Reports of market surveys                        names may also appear on the change of                 individual to whom the record pertains,
                                                  conducted by or under contract on                       address order). The Postal Service                     that the information be disclosed, unless
                                                  behalf of the Postal Service.                           reserves the right not to disclose the                 the individual would not be entitled to
                                                     (F) Records indicating carrier or                    address of an individual for the                       access to the record under the Postal
                                                  delivery lines of travel.                               protection of the individual’s personal                Reorganization Act, the Privacy Act, or
                                                     (G) Information which, if publicly                   safety. Other information on PS Form                   other law;
                                                  disclosed, could materially increase                    3575 or copies of the form will not be                 *      *     *     *    *
                                                  procurement costs.                                      furnished except in those circumstances                  (iii) The disclosure is in accordance
                                                     (H) Information which, if publicly                   stated at paragraphs (d)(5)(i), (d)(5)(iii),           with paragraph (b)(2) of this section.
                                                  disclosed, could compromise testing or                  or (d)(5)(iv) of this section.                           (2) Conditions of Disclosure.
                                                  examination materials.                                     (2) Name and address of permit                      Disclosure of personal information
                                                     (I) Service performance data on                      holder. The name and address of the                    maintained in a system of records may
                                                  competitive services.                                   holder of a particular bulk mail permit,               be made:
                                                     (J) Facility specific volume, revenue,               permit imprint or similar permit (but
                                                  and cost information.                                                                                          *      *     *     *    *
                                                                                                          not including postage meter licenses),                   (iii) For a routine use as contained in
                                                     (K) Country-specific international
                                                                                                          and the name of any person applying for                the system of records notices published
                                                  mail volume and revenue data.
                                                                                                          a permit on behalf of a holder will be                 in the Federal Register;
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                                                     (L) Non-public international volume,
                                                  revenue and cost data.                                  furnished to any person upon request.                  *      *     *     *    *
                                                     (M) Pricing and negotiated terms in                  For the name and address of a postage                    (xi) Pursuant to the order of a court
                                                  bilateral arrangements with foreign                     meter license holder, see paragraph                    of competent jurisdiction. A court of
                                                  postal operators.                                       (d)(3) of this section. (Lists of permit               competent jurisdiction is defined in
                                                     (N) Information identifying USPS                     holders may not be disclosed to                        Article III of the United States
                                                  business customers.                                     members of the public. See paragraph                   Constitution including, but not limited
                                                     (O) Financial information in or the                  (e)(1) of this section.)                               to any United States District Court, any
                                                  identities of parties to Negotiated                     *       *    *     *     *                             United States or Federal Court of


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                                                  27936                     Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules

                                                  Appeals, the United States Court of                     Once submitted, comments cannot be                     treatment of GHGs in the context of the
                                                  Federal Claims, and the United States                   edited or removed from Regulations.gov.                PSD permit program under the Clean
                                                  Supreme Court. For purposes of this                     For either manner of submission, the                   Air Act (CAA). The revision consists of
                                                  section, state courts are not courts of                 EPA may publish any comment received                   removing the requirement that sources
                                                  competent jurisdiction.                                 to its public docket. Do not submit                    would have to obtain a PSD permit
                                                  *     *     *     *     *                               electronically any information you                     solely due to its GHG emissions,
                                                    (5) Employment status. * * *                          consider to be Confidential Business                   commonly known as ‘‘Step 2’’ sources.
                                                                                                          Information (CBI) or other information                    On January 2, 2011, GHG emissions
                                                  *     *     *     *     *
                                                                                                          whose disclosure is restricted by statute.             were, for the first time, covered by the
                                                  Ruth Stevenson,                                         Multimedia submissions (audio, video,                  PSD and title V operating permit
                                                  Attorney, Federal Compliance.                           etc.) must be accompanied by a written                 programs. See 75 FR 17004, (April 2,
                                                  [FR Doc. 2018–12858 Filed 6–14–18; 8:45 am]             comment. The written comment is                        2010). To establish a process for phasing
                                                  BILLING CODE 7710–12–P
                                                                                                          considered the official comment and                    in the permitting requirements for
                                                                                                          should include discussion of all points                stationary sources of GHGs under the
                                                                                                          you wish to make. The EPA will                         CAA PSD and title V programs, on June
                                                                                                          generally not consider comments or                     3, 2010, the EPA published a final rule
                                                  ENVIRONMENTAL PROTECTION
                                                                                                          comment contents located outside of the                entitled ‘‘Prevention of Significant
                                                  AGENCY                                                                                                         Deterioration and Title V Greenhouse
                                                                                                          primary submission (i.e., on the web,
                                                  40 CFR Part 52                                          cloud, or other file sharing system). For              Gas Tailoring Rule’’ (hereinafter referred
                                                                                                          additional submission methods, please                  to as the GHG Tailoring Rule). See 75 FR
                                                  [EPA–R01–OAR–2018–0212; FRL–9978–                       contact the person identified in the FOR               31514. In Step 1 of the GHG Tailoring
                                                  97—Region 1]                                                                                                   Rule, which began on January 2, 2011,
                                                                                                          FURTHER INFORMATION CONTACT section.
                                                                                                          For the full EPA public comment policy,                the EPA limited application of PSD and
                                                  Air Plan Approval; Connecticut;                                                                                title V requirements to sources of GHG
                                                  Prevention of Significant Deterioration;                information about CBI or multimedia
                                                                                                          submissions, and general guidance on                   emissions only if they were subject to
                                                  Revisions to the Prevention of                                                                                 PSD or title V ‘‘anyway’’ due to their
                                                  Significant Deterioration Greenhouse                    making effective comments, please visit
                                                                                                          www.epa.gov/dockets/commenting-epa-                    emissions of pollutants other than
                                                  Gas Permitting Authority                                                                                       GHGs. These sources are referred to as
                                                                                                          dockets. Publicly available docket
                                                  AGENCY:  Environmental Protection                       materials are available at                             ‘‘anyway sources.’’ In Step 2 of the GHG
                                                  Agency (EPA).                                           www.regulations.gov or at the U.S.                     Tailoring Rule, which applied as of July
                                                  ACTION: Proposed rule.                                  Environmental Protection Agency, EPA                   1, 2011, the PSD and title V permitting
                                                                                                          New England Regional Office, Office of                 program requirements applied to some
                                                  SUMMARY:   The Environmental Protection                 Ecosystem Protection, Air Quality                      sources that were classified as major
                                                  Agency (EPA) is proposing to approve a                  Planning Unit, 5 Post Office Square—                   sources based solely on their GHG
                                                  State Implementation Plan (SIP)                         Suite 100, Boston, MA. The EPA                         emissions or potential to emit GHGs.
                                                  revision submitted by the State of                      requests that if at all possible, you                  Step 2 also applied PSD permitting
                                                  Connecticut. This revision affects                      contact the contact listed in the FOR                  requirements to modifications of
                                                  provisions applicable to greenhouse                     FURTHER INFORMATION CONTACT section to                 otherwise major sources that would
                                                  gases (GHGs) in the EPA’s Prevention of                 schedule your inspection. The Regional                 increase only GHG emissions above the
                                                  Significant Deterioration (PSD) permit                  Office’s official hours of business are                level in the EPA regulations. EPA
                                                  program. Connecticut requested the                      Monday through Friday, 8:30 a.m. to                    generally described the sources covered
                                                  revision in response to the June 23,                    4:30 p.m., excluding legal holidays.                   by PSD during Step 2 of the GHG
                                                  2014, U.S. Supreme Court’s decision in                                                                         Tailoring Rule as ‘‘Step 2 sources’’ or
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Utility Air Regulatory Group (UARG) v.                                                                         ‘‘GHG-only sources.’’
                                                                                                          Donald Dahl, Air Permits, Toxics, and                     The United States Supreme Court
                                                  EPA and the April 10, 2015, Amended                     Indoor Programs Unit, U.S.
                                                  Judgment by the United States Court of                                                                         invalidated the EPA’s regulation of Step
                                                                                                          Environmental Protection Agency, EPA                   2 sources in Utility Air Regulatory
                                                  Appeals for the District of Columbia                    New England Regional Office, 5 Post
                                                  Circuit (D.C. Circuit) in Coalition for                                                                        Group (UARG) v. EPA, 134 S Ct. 2427
                                                                                                          Office Square—Suite 100, (Mail code                    (2014). In accordance with that
                                                  Responsible Regulation v. EPA. The                      OEP05–2), Boston, MA 02109–3912, tel.
                                                  intended effect of this action is to clarify                                                                   decision, the United States Court of
                                                                                                          (617) 918–1657, email dahl.donald@                     Appeals for the District of Columbia
                                                  that the State’s PSD rules do not require               epa.gov.
                                                  a source to obtain a permit solely                                                                             Circuit vacated the federal regulations
                                                                                                          SUPPLEMENTARY INFORMATION:                             that implemented Step 2 of the GHG
                                                  because the source emits or has the
                                                                                                          Throughout this document whenever                      Tailoring Rule. See Coalition for
                                                  potential to emit (PTE) GHGs: Above the
                                                                                                          ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            Responsible Regulation, Inc. v. EPA, 606
                                                  PSD applicability thresholds for new
                                                                                                          the EPA.                                               Fed. Appx. 6, 7 (D.C. Cir. 2015).
                                                  major sources; or for which there is a
                                                  significant emissions increase from a                   Table of Contents                                      Subsequently, the EPA removed the
                                                  modification. This action is being taken                                                                       vacated elements from its rules. See 80
                                                                                                          I. Background and Purpose
                                                  under the Clean Air Act.                                II. EPA’s Review                                       FR 50199 (August 19, 2015). The EPA
                                                                                                          III. Proposed Action                                   therefore has the authority to approve a
                                                  DATES: Written comments must be
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                                                                                                          IV. Incorporation by Reference                         state’s request to remove Step 2 sources
                                                  received on or before July 16, 2018.                    V. Statutory and Executive Order Reviews               from the SIP.
                                                  ADDRESSES: Submit your comments,
                                                  identified by Docket ID No. EPA–R01–                    I. Background and Purpose                              II. EPA’s Review
                                                  OAR–2018–0212 at                                           On February 28, 2018, the                              Section 110(l) of the CAA states that
                                                  www.regulations.gov, or via email to.                   Connecticut Department of Energy and                   the EPA shall not approve a revision to
                                                  For comments submitted at                               Environmental Protection (CT DEEP)                     the SIP if the revision would interfere
                                                  Regulations.gov, follow the online                      submitted a revision to its State                      with any applicable requirement
                                                  instructions for submitting comments.                   Implementation Plan (SIP) for the                      concerning attainment (of the NAAQS)


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Document Created: 2018-11-02 12:01:08
Document Modified: 2018-11-02 12:01:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before July 16, 2018.
ContactRuth B. Stevenson, Attorney, Federal Compliance, [email protected], 202-268-6627.
FR Citation83 FR 27933 
CFR Citation39 CFR 265
39 CFR 266
CFR AssociatedAdministrative Practice and Procedure; Courts; Freedom of Information; Government Employees and Privacy

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