[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Rules and Regulations]
[Pages 58335-58340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28126]
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POSTAL RATE COMMISSION
39 CFR Parts 3001, 3002 and 3004
[Docket No. RM99-2; Order No. 1267]
Freedom of Information Act Administrative Rulemaking
AGENCY: Postal Rate Commission.
ACTION: Final rule.
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SUMMARY: The Commission is adopting previously-proposed changes to its
rules of practice to implement the Electronic Freedom of Information
Act and to reflect improved methods of information management. These
changes establish consistency with current law. They also improve the
Commission's administration of related responsibilities and the
public's ability to obtain or review certain information.
DATES: Effective November 29, 1999.
ADDRESSES: Send correspondence concerning this document to the
attention of Margaret P. Crenshaw, Secretary, Postal Rate Commission,
1333 H Street NW., Suite 300, Washington, DC 20268-0001.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
Postal Rate Commission, 1333 H Street NW., Washington, DC 20268-0001,
202-789-6820.
SUPPLEMENTARY INFORMATION:
Introduction. The Commission hereby adopts, as a final rule, the
revisions to its rules implementing the Freedom of Information Act
(FOIA) described and identified here. (Order No. 1267, issued October
8, 1999.) The revisions, which were the subject of Commission Order No.
1253, were previously published at 64 FR 50031. No comments on the
proposal were received.
The Commission has reviewed its initial proposal, and has
determined that final adoption of the revisions is appropriate. The
previous version is unchanged except for clarifying that claims that
sensitive business information should be exempt from disclosure can be
made under several subparts of 5 U.S.C. 552(b). Part I explains the
changes. Part II summarizes the effect of the changes on organization
of the rules. Part III sets out the final rules.
Part I--Background
The Commission's rules implementing the requirements of the FOIA, 5
U.S.C. 552, have not been amended since 1993. Consequently, they do not
incorporate changes in applicable law since that time, most notably the
requirements added by the Electronic FOIA, Pub. L. 104-231. Also, they
do not reflect recent changes in the Commission's methods of
information management, which have become increasingly computer-based,
or other administrative changes affecting access to information at the
Commission.
The rules adopted here are intended to address and accommodate
these changes. They also incorporate a major structural change for the
convenience of persons interested in obtaining information by various
means. This entails the transfer of all provisions describing FOIA
access and processes at the Commission to a new Part 3004.
A. Compliance With Public Inspection and Copying Requirements as
Modified by the Electronic FOIA Amendments
Subsection (a)(2) of the FOIA requires an agency to make available
for public inspection and copying its final opinions in adjudicated
cases, policy statements and interpretations not published in the
Federal Register, and administrative staff manuals and instructions to
staff that affect members of the public. The 1996 Electronic FOIA
amendments extended this requirement by directing agencies to make such
records created on or after November 1, 1996, available by computer
telecommunications or other electronic means.
Description of changes. The final rules reflect the actions the
Commission has taken to achieve compliance with the amended public
inspection and copying requirements. Since 1996, the Commission has
operated a website linked to the Internet for the purposes of
telecommunication and publication of official information. Recently,
the Commission has expanded the material available on its website to
include all decisions issued on or after January 1, 1996; orders,
notices and other documents issued in proceedings pending before the
Commission; the domestic mail classification schedule, which is a
compilation of all provisions that define the categories of mail and
postal services available in the national postal system; and the rules
of practices which govern the conduct of proceedings before the
Commission. These materials are now available for viewing and
downloading from the Commission's website at www.prc.gov. Accordingly,
39 CFR 3004.2(c) identifies that domain as the location of the
Commission's electronic reading room, and describes generally the
categories of information available from the website.
B. Transfer of FOIA Procedural Rules to New Part 3004
Currently, the rules describing public information available at the
Commission and procedures for obtaining access are
[[Page 58336]]
contained in 39 CFR 3001.42 and 3001.42a, within the rules of general
applicability in part 3001. (Part 3001 is a compilation of all the
Commission's rules of practice and procedure.) For the convenience of
persons interested primarily in obtaining access to public information,
the final rules incorporate a major structural change. Rules describing
the procedures for obtaining access to public information at the
Commission, fees associated with some retrieval and copying services,
and procedures relating to the submission and disclosure of sensitive
business information are transferred to a new part 3004, entitled
``Freedom of Information Rules.'' Rules describing the Commission's
public information resources generally are retained in section 3001.42,
with additional detailed information in part 3002, the organizational
description of the Commission.
In addition, new part 3004 includes revisions of, and updates to,
the provisions transferred from sections 3001.42 and 42a to conform to
current FOIA legal requirements and practices. Sections 3004.1 and
3004.2 describe the purpose of the rules and the sources of the
Commission's public information, including the physical and electronic
reading rooms. Section 3004.3 provides both for regular FOIA requests
and requests for expedited processing based on a demonstration of
compelling need. The time limit specified in section 3004.4 for
responding to requests is changed from 10 days to 20 days, in
accordance with the 1996 amendments. The period for filing an appeal of
a denial of a request with the Commission, currently 20 days, is
extended to one year under section 3004.4(a)(2).
C. Provisions Relating to Submission of Sensitive Business Information
Section 3004.8 adopts procedures for the Commission's treatment of
materials containing sensitive business information that are
considerably more detailed than those in current section 3001.42a.
Section 3004.8(a) directs any person who submits information believed
to be exempt from disclosure under 5 U.S.C. section 552(b) to designate
the exempt information by appropriate markings, and provide a brief
written statement explaining why the information is exempt. Any such
designation expires 10 years after the date of submission, unless the
submitter requests and justifies a longer duration.
Should the Commission receive an FOIA request seeking business
information that has been properly designated under section 3004.8(a),
or one that may be exempt from disclosure under 5 U.S.C. section
552(b), section 3004.8(b) provides that the Commission is to notify the
submitter that such a request has been made, and provide a copy of the
notice to the requester. Under section 3004.8(c), the submitter has 7
days to submit written objections to the information's disclosure,
specifying all grounds for withholding it under the FOIA. The submitter
will be considered to have no objection to disclosure if it submits no
response by the end of the 7-day period.
If the submitter objects to disclosure, the Commission then decides
whether to disclose the information. If the decision is to disclose,
section 3004.8(d) requires the Commission to provide the submitter with
written notice of that decision and a brief explanation for not
sustaining the submitter's objections. Actual disclosure is not to be
made until 5 days after the submitter's receipt of the notice. Section
3004.8(e) provides that the Commission need not notify the submitter if
it determines not to disclose the information; if the information has
been lawfully published or officially made publicly available; or if
disclosure is required by a regulation or a statute other than the
FOIA.
Finally, section 3004.8(f) specifies that protection of business
information made available in formal Commission proceedings, and under
the periodic reporting requirements in subpart G of 39 CFR part 3001,
is provided under the terms of section 3001.31a. Thus, the procedures
in section 3004.8 do not apply to the potential disclosure of
commercially sensitive materials in the course of the Commission's
performance of its primary jurisdictional responsibilities.
D. Updated Information Responsive to Publication Requirements
Subsection (a)(1) of the FOIA specifies five categories of
information that agencies are required to ``currently publish in the
Federal Register for the guidance of the public[.]'' The final rules
are designed to comply fully with these publication requirements, and
also to carry out the intent of the Electronic FOIA Amendments of 1996
to increase the public availability of information through computer
telecommunications.
The final rules address publication requirements by incorporating
several amendments to existing rules that enhance the information
provided regarding the Commission's operations, facilities, and
information resources available to the public. Section 3002.2 adds a
description of the Commission's statutory functions, including its
jurisdictional responsibilities and the means by which the public may
participate in Commission proceedings, in response to 5 U.S.C.
552(a)(1)(B). Section 3002.3 describes the potential sources of public
information in the Commission's docket room, physical reading room, and
electronic reading room on its website, as directed in 5 U.S.C.
552(a)(1)(A). Section 3002.4(e) provides additional detail concerning
the information available on the Commission's website, and clarifies
the responsibility of the Commission's administrative office to
maintain it and the other public information resources of the agency.
Part II. Summary of Effect of Changes on the Rules
In 39 CFR part 3001, paragraph (c) of existing 3001.42, captioned
``Public information and requests,'' is deleted in its entirety.
Existing 3001.42(d), captioned ``Procedure in event of subpoena,'' is
redesignated as 3001.42(c). In addition, 3001.42a, captioned
``Protection of trade secrets and commercial or financial information''
is deleted in its entirety.
In 39 CFR part 3002, 3002.1 is retained without change. Provisions
currently designated as 3002.2, 3002.3 and 3002.4 are redesignated as
3002.3, 3002.4 and 3002.5, respectively. In the redesignated
paragraphs, a new paragraph (c) is added in 3002.3 and a new paragraph
(e) is added in 3002.4.
The redesignation leaves 3001.2 available. The Commission uses this
space for new text addressing its functions. Accordingly, this section,
formerly captioned ``The Commission and its offices,'' is given the new
caption of ``Statutory functions,'' and new language appears therein.
A new part 3004, captioned ``Freedom of Information Rules'' is
added. It contains eight paragraphs describing various responsibilities
and requirements.
Part III. Final Rules
The final rules appear below.
List of Subjects in 39 CFR Parts 3001, 3002 and 3004
Administrative practice and procedure, Archives and records,
Freedom of information, Organization, Privacy, Reporting and
recordkeeping requirements.
For the reasons discussed in the preamble, 39 CFR chapter III is
amended as follows.
PART 3001--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 3001 continues to read as
follows:
[[Page 58337]]
Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662.
Sec. 3001.42 [Amended]
2. In Sec. 3001.42, remove paragraph (c) in its entirety, and
redesignate paragraph (d) as (c).
Sec. 3001.42a [Removed]
3. Remove Sec. 3001.42a in its entirety.
PART 3002--ORGANIZATION
4. The authority citation for part 3002 continues to read as
follows:
Authority: 39 U.S.C. 3603; 5 U.S.C. 552.
Secs. 3002.2, 3002.3, 3002.4 [Redesignated as Secs. 3002.3, 3002.4,
and 3002.5]
5. Redesignate Secs. 3002.2, 3002.3 and 3002.4 as Secs. 3002.3,
3002.4, and 3002.5, respectively.
6. In newly designated Sec. 3002.3, add a new paragraph (c) to read
as follows:
Sec. 3002.3 The Commission and its offices
* * * * *
(c) The Commission's offices are located at 1333 H Street, NW.,
Suite 300, Washington, DC 20268. On these premises, the Commission
maintains offices for Commissioners and the staff components described
in Secs. 3001.4, 3001.5, 3001.6 and 3001.7; a docket room where
documents may be filed with the Commission pursuant to Sec. 3001.9 and
examined by interested persons; a public reading room where the
Commission's public records are available for inspection and copying; a
library containing legal and technical reference materials; and a
hearing room where formal evidentiary proceedings are held on matters
before the Commission. The Commission also maintains an electronic
reading room accessible through the Internet, on its website at
www.prc.gov.
7. In newly designated Sec. 3002.4, add new paragraph (e) to read
as follows:
Sec. 3002.4 Administrative Office.
* * * * *
(e) The Administrative Office is also responsible for the
maintenance of the Commission's public information resources, including
the docket room, the physical reading room, and the library on the
premises of the Commission's offices, as well as the electronic reading
room accessible on the Commission's website at www.prc.gov. The
information available on the Commission's website is, in general,
coextensive with that available from the Commission's docket room and
physical reading room, and includes: Commission decisions, rules,
orders and notices; testimony, pleadings and reference materials filed
in Commission proceedings; and current information concerning
Commission activities, employment opportunities, and a calendar of
upcoming events.
8. Add new Sec. 3002.2 to read as follows:
Sec. 3002.2 Statutory functions.
(a) Areas of jurisdiction. The Commission has jurisdiction over
changes in postal rates and fees under 39 U.S.C. 3622, and over mail
classifications under 39 U.S.C. 3623. It issues recommended decisions
to the Governors of the Postal Service on these matters. It also acts
on postal patrons' appeals from Postal Service decisions to close or
consolidate post offices under 39 U.S.C. 404(b). Further, the
Commission investigates complaints of substantial national scope
concerning postal rates, fees, mail classifications or services under
39 U.S.C. 3662. It also responds to requests of the Postal Service for
advisory opinions on changes in the nature of postal services under 39
U.S.C. 3661. Because of the Commission's expertise, Congress
occasionally asks it to undertake special studies on postal issues.
(b) Public participation. Interested persons may elect to
participate in Commission rate and mail classification proceedings as
formal intervenors (Sec. 3001.20), limited participators
(Sec. 3001.20a), or commenters (Sec. 3001.20b). Interested parties who
believe the Postal Service is charging rates which do not conform with
the policies of the Postal Reorganization Act, or who believe that they
are not receiving postal service in accordance with the policies of
title 39, may lodge a complaint with the Commission under section
3001.82. Persons served by post offices that the Postal Service decides
to close or consolidate with other post offices may appeal such
determinations under Sec. 3001.111.
9. Part 3004 is added to read as follows:
PART 3004--FREEDOM OF INFORMATION RULES
Sec.
3004.1 Purpose.
3004.2 Reading room.
3004.3 Requests for records and or expedited processing.
3004.4 Response to requests.
3004.5 Appeals.
3004.6 Fees.
3004.7 Aggregation of requests.
3004.8 Submission of business information.
Authority: 39 U.S.C. 3603; 5 U.S.C. 552, 552a.
Sec. 3004.1 Purpose.
(a) This part is published pursuant to the Freedom of Information
Act (FOIA), 5 U.S.C. 552, to describe the procedures by which a person
can request copies of Commission records. It also describes how a
submitter of trade secrets or confidential business information can
identify information that the submitter believes to be exempt from
disclosure under 5 U.S.C. 552(b).
(b) An individual seeking access to a record about himself or
herself that is subject to the Privacy Act of 1974 should also consult
the Commission's Privacy Act rules in part 3003 for the procedures that
apply to requests for records under that Act. Requests for first-party
access can be made under both the FOIA and the Privacy Act of 1974.
(c) Information required to be published or made available pursuant
to 5 U.S.C. 552(a)(1) and (a)(2) may be found in part 3002, elsewhere
in this chapter, in the Federal Register, or on the Commission's
website at www.prc.gov. The Commission's guide to the FOIA, all
required FOIA indexes, and any available annual FOIA reports, are also
available at the website in the electronic reading room or elsewhere on
the site.
(d) Section 3001.42(b) of this chapter identifies records that the
Commission has determined to be public.
Sec. 3004.2 Reading room.
(a) The Commission maintains a public reading room at its offices
at 1333 H Street NW., Washington, DC 20268. The reading room is open
from 8:00 a.m. until 4:30 p.m. during business days.
(b) The records available for public inspection and copying in the
reading room include: final opinions, statements of policy,
administrative staff manuals and instructions that affect a member of
the public, copies of selected records released under the FOIA, and
indexes required to be maintained under the FOIA, and records described
in 39 CFR 3001.42(b) relating to any matter or proceeding before the
Commission.
(c) The Commission's electronic reading room is maintained at its
website at www.prc.gov. Commission decisions, orders, rules of
practice, and other directives affecting the public are available from
the electronic reading room. To the extent practicable, other documents
available in the reading room are also posted and available on the
website.
Sec. 3004.3 Requests for records and for expedited processing.
(a) A request for records must be in writing and must reasonably
describe the records sought. A request should be addressed or delivered
to the Secretary
[[Page 58338]]
of the Commission at the offices of the Commission at 1333 H Street
NW., Washington, DC 20268. A request should be clearly identified as
``Freedom of Information Act Request'' both in the text of the request
and on the envelope. A requester should include a daytime telephone
number.
(b) A request for expedited processing may be made in cases in
which the requester demonstrates a compelling need as defined in 5
U.S.C. 552(a)(6)(E)(v). The Commission may otherwise grant requests for
expedited processing at its discretion. A request for expedited
processing should be clearly identified as ``Expedited Freedom of
Information Act Request'' both in the text of the request and on the
envelope.
(c) A demonstration of compelling need by a requester seeking
expedited processing must be made by a statement certified by the
requester to be true and correct to the best of the requester's
knowledge and belief. At its discretion, the Commission may waive the
requirement for certification.
(d) A request for expedited processing may be made at the time of
an initial request (or appeal) or at a later time.
Sec. 3004.4 Response to requests.
(a) Within 20 days (excluding Saturdays, Sundays, and legal public
holidays) after receipt of a request for a Commission record, the
Secretary of the Commission will:
(1) Determine to comply with the request and immediately notify the
requester of the determination and of any fees that must be paid; or
(2) Deny the request in writing. The denial letter will explain the
reason for the denial, including each exemption used as a basis for
withholding of the records sought. The denial letter will include an
estimate of the volume of requested matter that was denied. If
disclosure of a record has been partially denied, the amount of
information deleted will be indicated on the released portion if
technically feasible. If revealing the amount or location of a denied
record will harm an interest protected by an exemption, then the
description of the amount or location of deleted information may be
withheld. The denial letter will inform the requestor that he/she may,
within one year, appeal the denial to the Commission.
(b) A denial is any form of adverse determination, including: a
determination to withhold any requested record in whole or in part; a
determination that a requested record does not exist or cannot be
located; a determination that a record is not readily reproducible in
the form or format sought by the requester; a determination that what
has been requested is not a record subject to the FOIA; an adverse
decision on any disputed fee matter, including a denial of a requested
fee waiver; and a denial of a request for expedited treatment.
(c) Within ten days after the receipt of a request for expedited
processing, the Secretary will:
(1) Grant the request for expedited processing and process the
request for records as soon as practicable; or
(2) Deny a request for expedited processing in writing. Any request
for records that has been denied expedited processing will be processed
in the same manner as a request that did not seek expedited processing.
The denial letter will inform the requestor that he/she may, within
five days, appeal the denial to the Commission.
(d) If warranted by the unusual circumstances specified in 5 U.S.C.
552(a)(6)(B)(iii), the Secretary may extend the time for a response for
up to ten working days. The Secretary will notify the requester of any
extension, and the reason for the extension, in writing. The Secretary
will also provide the requester with an opportunity to limit the scope
of the request or to arrange an alternative time frame for processing
the request or a modified request.
Sec. 3004.5 Appeals.
(a) A requester who seeks to appeal any denial must file an appeal
in writing with the Commission. The Commission may review any decision
of the Secretary on its own initiative. The Commission will grant or
deny the appeal in writing, within 20 days (excluding Saturdays,
Sundays and legal public holidays) of the date the appeal is received.
If on appeal the denial of the request for records is upheld, the
Commission will notify the person making such request of the provisions
for judicial review of that determination pursuant to 5 U.S.C. 552(c).
The Commission will expeditiously consider an appeal of a denial of
expedited processing.
(b) If warranted by the unusual circumstances specified in 5 U.S.C.
552(a)(6)(B)(iii), the Commission may extend the time for a response to
an appeal for up to ten working days. The Commission will notify the
requester of any extension, and the reason for the extension, in
writing. The Commission will also provide the requester with an
opportunity to limit the scope of the request or to arrange an
alternative time frame for processing the request or a modified
request.
Sec. 3004.6 Fees.
(a) Definitions pertaining to fees:
(1) Direct costs means expenditures the Commission actually incurs
in searching for, duplicating, and, where applicable, reviewing
documents to respond to a request. They include (without limitation)
the salary of the employee performing work (the basic pay rate of such
employee plus 16 percent to cover benefits) and the cost of operating
required machinery.
(2) Search includes all time spent looking for material responsive
to a request, including identification of pages or lines within
documents. The term covers both manual and computerized searching.
(3) Duplication means making copies of documents necessary to
respond to a request. Such copies may be paper, microform, audiovisual,
or machine-readable.
(4) Review means examining documents located in response to a
commercial-use request to determine whether any portion is exempt from
mandatory disclosure, and processing or preparing documents for
release, but not determination of general legal or policy issues
regarding application of exemptions.
(5) Commercial use request means a request from or on behalf of one
seeking information for a use or purpose that furthers the commercial,
trade, or profit interests of the requester or person on whose behalf
the request is made. In determining the applicability of this term, the
use to which a requester will put the document is considered first;
where reasonable doubt exists as to the use, the Commission may seek
clarification before assigning the request to a category.
(6) Educational institution means a preschool, a public or private
elementary or secondary school, an institution of graduate or
undergraduate higher education, an institution of professional
education, and an institution of vocational education, which operates a
program or programs of scholarly research.
(7) Noncommercial scientific institution means an institution, not
operated on a commercial basis (as referenced above), which is operated
solely for the purpose of conducting scientific research whose results
are not intended to promote any particular product or industry.
(8) Representative of the news media means any person actively
gathering news for an entity organized and operated to publish or
broadcast news to the public. News means information about current
events or that would be of current interest to the public. Freelance
[[Page 58339]]
journalists will be regarded as working for a news medium if they
demonstrate (for example, by a publication contract or a past record of
publication) a solid basis for expecting publication through such
organization even though not actually employed by it.
(b) Except in the case of commercial-use requesters, the first 100
pages of duplication and the first two hours of search time are
provided without charge. A page for these purposes is a letter- or
legal-size sheet, or the equivalent amount of information in a medium
other than paper copy. Search time for these purposes refers to manual
searching; if the search is performed by computer, the amount not
charged for will be the search cost equivalent to two hours' salary of
the person performing the search. No requester will be charged a fee
when the Commission determines that the cost of collecting the fee
would equal or exceed the fee itself. In determining whether cost of
collection would equal or exceed the fee, the allowance for two hours'
search or 100 pages of duplication will be made before comparing the
remaining fee and the cost of collection.
(c) Fees will be charged in accordance with the following
provisions:
(1) The level of fee charged depends on the category of requester:
(i) A request appearing to be for commercial use will be charged
the full direct costs of searching for, reviewing, and duplicating the
records sought.
(ii) A request from an educational or noncommercial scientific
institution will be charged for the cost of duplication only (excluding
charges for the first 100 pages). To be eligible for this category, a
requester must show that the request is made under the auspices of a
qualifying institution and that the records are not sought for
commercial use but are in furtherance of scholarly (in the case of
educational institutions) or scientific (in the case of noncommercial
scientific institutions) research.
(iii) A request from a representative of the news media will be
charged the cost of duplication only (excluding charges for the first
100 pages).
(iv) A request from any other requester will be charged the full
direct cost of searching for and duplicating records responsive to the
request, except that the first 100 pages of duplication and the first
two hours of search will be furnished without charge.
(v) A request from a record subject for records about himself or
herself filed in a Commission Privacy Act system of records will be
charged fees as provided under the Commission's Privacy Act regulations
in part 3003 of this chapter.
(2) Fees will be calculated as follows:
(i) Manual search: At the salary rate (basic pay plus 16 percent)
of the employee(s) making the search. Search time may be charged for
even if the Commission fails to locate records or if records located
are exempt from disclosure.
(ii) Computer search: At the actual direct cost of providing the
search, including computer search time directly attributable to
searching for records responsive to the request, runs, and operator
salary apportionable to the search.
(iii) Review (commercial-use requests): At the salary rate (basic
pay plus 16 percent) of the employee(s) conducting the review. Charges
are imposed only for the review necessary at the initial administrative
level to determine the applicability of any exemption, and not for
review at the administrative appeal level of an exemption already
applied.
(iv) Duplication: At 15 cents per page for paper copy, which the
Commission has found to be the reasonable direct cost thereof. For
copies of records prepared by computer (such as tapes or printouts),
the actual cost of production, including operator time, will be
charged.
(v) Additional services: Postage, insurance, and other additional
services that may be arranged for by the requester will be charged at
actual cost.
(d) Interest at the rate prescribed in 31 U.S.C. 3717 will be
charged on unpaid fee bills, starting on the 31st day after the bill
was sent. Receipt of a fee by the Commission, whether processed or not,
will stay the accrual of interest.
(e) Advance payment may be required only when the allowable fees
are likely to exceed $250, in which case advance payment in part or in
full may be required of requesters with no history of prompt payment,
and satisfactory assurance of payment from requesters with such
history; or when the requester has previously failed to pay a fee
timely (within 30 days of the billing date), in which case the
Commission may require full payment of the amount owed, plus applicable
interest, or a demonstration that the fee has in fact been paid,
together with full advance payment of the estimated fee. When advance
payment is required, the administrative time limits prescribed in
subsection (a)(6) of the FOIA begin only after such payment has been
received.
(f) Records will be provided without charge or at a reduced charge
if disclosure of the information is in the public interest because it
is likely to contribute significantly to public understanding of the
operations or activities of the government and is not primarily in the
commercial interest of the requester.
Sec. 3004.7 Aggregation of requests.
Should the Secretary or the Commission reasonably believe that a
requester or a group of requesters acting in concert, have attempted to
evade fees or to seek a procedural advantage over other requesters by
breaking down a request into a series of requests, the Commission may
aggregate the separate requests and treat them as a single request.
Multiple requests involving unrelated subjects will not be aggregated.
Sec. 3004.8 Submission of business information.
(a) Any person who submits to the Commission a trade secret or
commercial or financial information that the submitter reasonably
believes to be exempt from disclosure under 5 U.S.C. 552(b) must
designate the exempt information by appropriate markings at the time of
submission or at a reasonable time after submission. The submission
should be accompanied by a brief written statement explaining why the
information is exempt. Any designation will expire ten years after the
date of the submission unless the submitter requests, and provides
justification for, a longer period.
(b) Before disclosing, in response to a FOIA request, any
information properly designated under this part, the Commission will
provide the submitter with written notice that a request seeks
disclosure of the information. The Commission may also provide notice
when it has reason to believe that business information possibly exempt
from disclosure may fall within the scope of any FOIA request. The
requester will be provided a copy of any notice sent to the submitter.
(c) A submitter has seven days to submit written objections to the
disclosure specifying all grounds for withholding the information under
the FOIA. If the submitter fails to respond to the notice, the
submitter will be considered to have no objection to the disclosure of
the information.
(d) If, after considering the submitter's objections to disclosure,
the Commission decides to disclose the information, it will give the
submitter written notice of the decision and a brief explanation of the
reasons for not sustaining the submitter's objections. The actual
disclosure will not be made before five days after the submitter has
received the notice.
(e) A submitter may not receive notice if the Commission determines
that the
[[Page 58340]]
information should not be disclosed; if the information has been
lawfully published or officially made available to the public; or if a
statute (other than the FOIA) or a regulation requires disclosure.
(f) Protection of information made available pursuant to
proceedings subject to the rules in 39 CFR part 3001, including
information provided pursuant to that subpart requiring the filing of
periodic reports, is provided upon request to the Commission as
described in Sec. 3001.31a.
Dated: October 22, 1999.
Margaret P. Crenshaw,
Secretary.
[FR Doc. 99-28126 Filed 10-28-99; 8:45 am]
BILLING CODE 7710-FW-P
