[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Proposed Rules]
[Pages 50031-50035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23135]
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POSTAL RATE COMMISSION
39 CFR Part 3001, 3002, and 3004
[Docket No. RM99-2; Order No. 1253]
Freedom of Information Act Administrative Rulemaking
AGENCY: Postal Rate Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission proposes changes to its rules of practice to
implement the Electronic Freedom of Information Act and to reflect
improved methods of information management. The proposed changes will
establish consistency with current law. They also will improve the
Commission's administration of related responsibilities and the
public's ability to exercise rights to obtain or review certain
information.
DATES: Comments will be accepted until September 30, 1999.
ADDRESSES: Send comments regarding this document to the attention of
Margaret P. Crenshaw, Secretary, Postal Rate Commission, 1333 H Street
NW., Washington, DC 20268-0001.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
Postal Rate Commission, 1333 H Street NW, Washington, DC 20268-0001,
202-789-6824.
SUPPLEMENTARY INFORMATION: The Commission's rules implementing the
requirements of the Freedom of Information Act (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.
Additionally, the current rules do not reflect recent changes in the
Commission's methods of information management, which have become
increasingly computer-based, as well as other administrative changes
affecting access to information at the Commission. The proposed rules
are intended to address and accommodate these interim changes. They
also incorporate a major structural change--transfer of all provisions
describing FOIA access and processes at the Commission to a new part
3004--for the convenience of persons interested in obtaining
information by various means.
A. Compliance With Public Inspection and Copying Requirements as
Modified by the Electronic FOIA Amendments
Subsection (a)(2) of the FOIA [5 U.S.C. 552(a)(2)] 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.
The proposed rules reflect the actions the Commission has taken to
achieve compliance with the amended public inspection and copying
requirements. Beginning in 1996, the Commission has operated a website
linked to the Internet for the purpose of telecommunication and
publication of official information. Recently, the Commission has
expanded the material available on its website to include all its
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. All
these materials are now available for viewing and downloading from the
Commission's website at www.prc.gov. Accordingly, proposed 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 contained in 39 CFR
3001.42 and 3001.42a, within the rules of general applicability
included in part 3001, which 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
Commission proposes rules which incorporate a major structural change.
[[Page 50032]]
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 would be transferred to a
new part 3004, to be entitled ``Freedom of Information Rules.'' Rules
describing the Commission's public information resources generally
would be retained in Sec. 3001.42, with additional detailed information
in part 3002, the organizational description of the Commission.
In addition, the rules proposed for inclusion in the new part 3004
would revise and update the provisions transferred from 3001.42 and 42a
to conform to current FOIA legal requirements and practices. Proposed
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. Proposed 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 proposed
3004.4 for responding to requests would be 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,
would be extended to one year under proposed 3004.4(a)(2).
C. Provisions Relating to Submission of Sensitive Business
Information
Proposed 3004.8 would adopt procedures for the Commission's
treatment of materials containing sensitive business information that
are considerably more detailed than those incorporated in current
3001.42a. Proposed 3004.8(a) would direct any person who submits
information believed to be exempt from disclosure under 5 U.S.C.
552(b)(4) to designate the exempt information by appropriate markings,
and provide a brief written statement explaining why the information is
exempt. Any such designation would expire 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 3004.9(a), or that
the Commission believes may be exempt from disclosure under 552(b)(4),
under proposed 3004.8(b) the Commission would notify the submitter that
such a request has been made, and provide a copy of the notice to the
requester. Under proposed 3004.8(c), the submitter would have 7 days to
submit written objections to the information's disclosure, specifying
the grounds for withholding it under the FOIA. The submitter would be
considered to have no objection to disclosure if it submits no response
by the end of the 7-day period.
If the submitter has objected to disclosure, the Commission would
then decide whether to disclose the information. If the Commission
decides to disclose, under 3004.8(d) it would provide the submitter
written notice of that decision and a brief explanation for not
sustaining its objections. Actual disclosure would not be made until 5
days after the submitter's receipt of the notice. Proposed 3004.8(e)
provides that the Commission may 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 statute other than the FOIA.
Finally, proposed 3004.8(f) would specify 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 3001.31a. Thus, the
procedures to be adopted in proposed 3004.8 would 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 proposed 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 proposed rules address the Act's publication requirements by
incorporating several amendments to existing rules that would enhance
the information provided regarding 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). Proposed Sec. 3002.4(e) would
provide additional detail concerning the information available on the
Commission's website, as well as clarifying the responsibility of the
Commission's administrative office to maintain it and the other public
information resources of the agency. Proposed Sec. 3002.2 would add 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).
Ordering paragraphs. Ordering paragraph No. 1 directed interested
persons to submit comments on the proposed revisions, which were set
out in Appendix A to this order, no later than July 26, 1999. [Changes
set out in the referenced appendix appear in this Federal Register
notice in a style that conforms to Office of the Federal Register
publication requirements.] Ordering paragraph No. 2 directed the
Secretary of the Commission to arrange for publication of the notice
and order in the Federal Register in a manner consistent with
applicable requirements. [The order was distributed to the Docket No.
R97-1 service list upon issuance (June 15, 1999).
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
proposed to be amended as follows:
PART 3001--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 3001 continues to read as
follows:
Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662.
2. In Sec. 3001.42, remove paragraph (c) in its entirety, and
redesignate paragraph (d) as (c).
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.
5. Redesignate Secs. 3002.2, 3002.3 and 3002.4 as Secs. 3002.3,
3002.4 and 3002.5, respectively.
6. In redesignated 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
[[Page 50033]]
components described in 3002.4, 3002.5, 3002.6 and 3002.7; a docket
room where documents may be filed with the Commission pursuant to
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 redesignated 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 Sec. 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 for 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)(4).
(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 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 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.
[[Page 50034]]
(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 in paragraph (a)(5)
of this section), 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
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
[[Page 50035]]
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 Freedom of Information Act 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)(4) 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 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 39 CFR 3001.31a.
Dated: August 31, 1999.
Margaret P. Crenshaw,
Secretary.
[FR Doc. 99-23135 Filed 9-14-99; 8:45 am]
BILLING CODE 7710-FW-P
