[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR265.6]



[Page 94-102]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 265_RELEASE OF INFORMATION--Table of Contents

 

Sec. 265.6  Availability of records.



    (a) Records available to the public on request--(1) General. Postal 

Service records are available for inspection or copying at the request 

of any person, in accordance with the provisions of this part, except as 

otherwise provided by law or regulations, including but not limited to 

paragraphs (b) through (g) of this section. Certain categories of 

records of particular interest are available on a continuing basis as 

provided in paragraphs (a)(2), (3), and (4) of this section and are 

listed in a public index as provided in paragraphs (a)(4) and (5) of 

this section. Access to other records may be requested on an individual 

basis in accordance with the procedures provided in Sec. 265.7. 

Official records which are maintained on an electronic storage medium 

will normally be made available, in accordance with this part, as an 

exact duplicate of the requested original in a form readable by the 

human eye, such as a computer print-out. On request, records will be 

provided in a different form or format if they are maintained in the 

requested form or format or if they can be readily reproduced in the 

requested form or format.

    (2) Opinions. All final opinions and orders made in the adjudication 

of cases by the Judicial Officer and Administrative Law Judges, all 

final determinations pursuant to section 404(b) of title 39, United 

States Code, to close or consolidate a post office, or to disapprove a 

proposed closing or consolidation, all advisory opinions concerning the 

private express statutes issued pursuant to 39 CFR 310.6, and all bid 

protest decisions are on file and available for inspection and copying 

at the Headquarters Library and, if created on or after November 1, 

1996, also at the Postal Service's world wide web site identified at 

Sec. 265.5.



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    (3) Administrative manuals and instructions to staff. The manuals, 

instructions, and other publications of the Postal Service that affect 

members of the public are available through the Headquarters Library and 

at many post offices and other postal facilities. Those which are 

available to the public but are not listed for sale may be inspected in 

the Headquarters Library, at any postal facility which maintains a copy, 

or, if created on or after November 1, 1996, through the world wide web 

site identified at Sec. 265.5. Copies of publications which are not 

listed as for sale or as available free of charge may be obtained by 

paying a fee in accordance with Sec. 265.9.

    (4) Previously released records. Records processed and disclosed 

after March 31, 1997, in response to a Freedom of Information Act 

request, which the Postal Service determines have become or are likely 

to become the subject of subsequent requests for substantially the same 

records, are available for inspection and copying at the Headquarters 

Library. Any such records created by the Postal Service on or after 

November 1, 1996, also will be available at the Postal Service's world 

wide web site identified at Sec. 265.5. Records described in this 

paragraph that were not created by, or on behalf of, the Postal Service 

generally will not be available at the world wide web site. Records will 

be available in the form in which they were originally disclosed, except 

to the extent that they contain information that is not appropriate for 

public disclosure and may be withheld pursuant to this section. Any 

deleted material will be marked and the applicable exemption(s) 

indicated in accordance with Sec. 265.7(d)(3). A general index of the 

records described in this paragraph is available for inspection and 

copying at the Headquarters Library. [Beginning on or before December 

31, 1999, the index also will be available at the Postal Service's world 

wide web site.]

    (5) Public index. (i) A public index is maintained in the 

Headquarters Library and at the world wide web site of all final 

opinions and orders made by the Postal Service in the adjudication of 

cases, Postal Service policy statements which may be relied on as 

precedents in the disposition of cases, administrative staff manuals and 

instructions that affect the public, and other materials which the 

Postal Service elects to index and make available to the public on 

request in the manner set forth in paragraph (a) of this section.

    (ii) The index contains references to matters issued after July 4, 

1967, and may reference matters issued prior to that date.

    (iii) Any person may arrange for the inspection of any matter in the 

public index in accordance with the procedures of Sec. 265.7.

    (iv) Copies of the public index and of matters listed in the public 

index may be purchased through the Headquarters Library with payment of 

fees as listed in the index or as provided in Sec. 265.9.

    (v) Materials listed in the public index that were created on or 

after November 1, 1996, will also be available in electronic format at 

the Postal Service's world wide web site at http://www.usps.gov.

    (6) Listings of employees' names. Upon written request, the Postal 

Service will, to the extent required by law, provide a listing of postal 

employees working at a particular postal facility.

    (b) Records not subject to mandatory public disclosure. Certain 

classes of records are exempt from mandatory disclosure under exemptions 

contained in the Freedom of Information Act and in section 410(c) of 

title 39, U.S.C. The Postal Service will exercise its discretion, in 

accordance with the policy stated in Sec. 265.2, 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. This class 

includes, but is not limited to:



[[Page 96]]



    (i) Information pertaining to methods of handling valuable 

registered mail.

    (ii) Records of money orders, except as provided in R900 of the 

Domestic Mail Manual (DMM).

    (iii) Technical information concerning postage meters and prototypes 

submitted for Postal Service approval prior to leasing to mailers.

    (iv) Reports of market surveys conducted by or under contract in 

behalf of the Postal Service.

    (v) Records indicating rural carrier lines of travel.

    (vi) Records compiled within the Postal Service which would be of 

potential benefit to persons or firms in economic competition with the 

Postal Service.

    (vii) Information which, if publicly disclosed, could materially 

increase procurement costs.

    (viii) Information which, if publicly disclosed, could compromise 

testing or examination materials.

    (4) Interagency or internal memoranda or letters that would not be 

available by law to a private party in litigation with the Postal 

Service.

    (5) Reports and memoranda of consultants or independent contractors, 

except to the extent they would be required to be disclosed if prepared 

within the Postal Service.

    (6) Files personal in nature, including medical and personnel files, 

the disclosure of which would constitute a clearly unwarranted invasion 

of personal privacy.

    (7) Information prepared for use in connection with proceedings 

under chapter 36 of title 39, U.S.C., relating to rate, classification, 

and service changes.

    (8) Information prepared for use in connection with the negotiation 

of collective bargaining agreements under chapter 12 of title 39, 

U.S.C., or minutes of, or notes kept during, negotiating sessions 

conducted under such chapter.

    (9) Other matter specifically exempted from disclosure by statute.

    (c) Records or information compiled for law enforcement purposes. 

(1) Investigatory files compiled for law enforcement purposes, whether 

or not considered closed, are exempt by statute from mandatory 

disclosure except to the extent otherwise available by law to a party 

other than the Postal Service, 39 U.S.C. 410(c)(6). As a matter of 

policy, however, the Postal Service will normally make records or 

information compiled for law enforcement purposes available upon request 

unless the production of these records:

    (i) Could reasonably be expected to interfere with enforcement 

proceedings;

    (ii) Would deprive a person of a right to a fair trial or an 

impartial adjudication;

    (iii) Could reasonably be expected to constitute an unwarranted 

invasion of personal privacy;

    (iv) Could reasonably be expected to disclose the identity of a 

confidential source, including a State, local, or foreign agency or 

authority or any private institution which furnished information on a 

confidential basis, and, in the case of a record or information compiled 

by a criminal law enforcement authority (such as the Postal Inspection 

Service) in the course of a criminal investigation, or by an agency 

conducting a lawful national security intelligence investigation, 

information furnished by a confidential source;

    (v) Would disclose techniques and procedures for law enforcement 

investigations or prosecutions, or would disclose guidelines for law 

enforcement investigations or prosecutions if such disclosure could 

reasonably be expected to risk circumvention of the law; or

    (vi) Could reasonably be expected to endanger the life or physical 

safety of any individual.

    (2) Whenever a request is made which involves access to records 

described in Sec. 265.6(c)(1)(i), and

    (i) The investigation or proceeding involves a possible violation of 

criminal law; and

    (ii) There is reason to believe that,

    (A) The subject of the investigation or proceeding is not aware of 

its pendency, and

    (B) Disclosure of the existence of the records could reasonably be 

expected to interfere with enforcement proceedings, the Postal Service 

may, during only such time as that circumstance continues, treat the 

records



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as not subject to the requirements of the Freedom of Information Act.

    (3) Whenever informant records maintained by a criminal law 

enforcement agency (such as the Postal Inspection Service) under an 

informant's name or personal identifier are requested by a third party 

according to the informant's name or personal identifier, the records 

may be treated as not subject to the requirements of the Freedom of 

Information Act unless the informant's status as an informant has been 

officially confirmed.

    (4) Authority to disclose records or information compiled for law 

enforcement purposes to persons outside the Postal Service must be 

obtained from the Chief Postal Inspector, U.S. Postal Service, 

Washington, DC 20260-2100, or designee.

    (d) Disclosure of names and addresses of customers. Upon request, 

the names and addresses of specifically identified Postal Service 

customers will be made available only as follows:

    (1) Change of address. The new address of any specific customer who 

has filed a permanent or temporary change of address order (by 

submitting PS Form 3575, a hand-written order, or an electronically 

communicated order) will be furnished to any person, except that the new 

address of a specific customer who has indicated on the order that the 

address change is for an individual or an entire family 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 in behalf of a holder will be furnished to 

any person upon the payment of any fees authorized by paragraph (b) of 

Sec. 265.9. 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.)

    (3) Name and address of postage evidencing user. The name and 

address of an authorized user of a postage meter or PC Postage product 

(postage evidencing systems) printing a specified indicium will be 

furnished to any person upon the payment of any fees authorized by 

paragraph (b) of Sec. 265.9, provided the user is using the postage 

meter or PC Postage product for business purposes. The request for this 

information must be sent to the manager of Postage Technology 

Management, Postal Service Headquarters. The request must include the 

original or a photocopy of the envelope or wrapper on which the postage 

meter or PC postage indicium in question is printed, and a copy or 

description of the contents to support that the sender is a business or 

firm and not an individual. (Lists of authorized users of postage meters 

or PC Postage products may not be disclosed to members of the public.)

    (4) Post Office boxholder information. Information from PS Form 

1093, Application for Post Office Box or Caller Service, will be 

provided as follows:

    (i) Except as provided in paragraph (d)(4)(iii) of this section, the 

boxholder applicant name and address from PS Form 1093 will be provided 

only in those circumstances stated in paragraphs (d)(5)(i) through 

(d)(5)(iii) of this section.

    (ii) Except as provided in paragraph (d)(4)(iii) of this section, 

the names of persons listed as receiving mail, other than the boxholder 

applicant, will be furnished from PS Form 1093 only in those 

circumstances stated in paragraphs (d)(5)(i) and (d)(5)(iii) of this 

section.

    (iii) When a copy of a protective order has been filed with the 

postmaster, information from PS Form 1093 will not be disclosed except 

pursuant to



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the order of a court of competent jurisdiction.

    (5) Exceptions. Except as otherwise provided in these regulations, 

names or addresses of Postal Service customers will be furnished only as 

follows:

    (i) To a federal, state or local government agency upon prior 

written certification that the information is required for the 

performance of its duties. The Postal Service requires government 

agencies to use the format appearing at the end of this section when 

requesting the verification of a customer's current address or a 

customer's new mailing address. If the request lacks any of the required 

information or a proper signature, the postmaster will return the 

request to the agency, specifying the deficiency in the space marked 

`OTHER'. A copy of PS Form 1093 may be provided.

    (ii) To a person empowered by law to serve legal process, or the 

attorney for a party in whose behalf service will be made, or a party 

who is acting pro se, upon receipt of written information that 

specifically includes all of the following: (A) A certification that the 

name or address is needed and will be used solely for service of legal 

process in connection with actual or prospective litigation; (B) a 

citation to the statute or regulation that empowers the requester to 

serve process, if the requester is other than the attorney for a party 

in whose behalf service will be made, or a party who is acting pro se; 

(C) the names of all known parties to the litigation; (D) the court in 

which the case has been or will be commenced; (E) the docket or other 

identifying number, if one has been issued; and (F) the capacity in 

which the boxholder is to be served, e.g., defendant or witness. By 

submitting such information, the requester certifies that it is true. 

The address of an individual who files with the postmaster a copy of a 

protective court order will not be disclosed except as provided under 

paragraphs (d)(5)(i), (d)(5)(iii), or (d)(5)(iv) of this section. A copy 

of Form 1093 will not be provided.

    The Postal Service suggests use of the standard format appearing at 

the end of this section when requesting information under this 

paragraph. When using the standard format on the submitter's own 

letterhead, the standard format must be used in its entirety. The 

warning statement and certification specifically must be included 

immediately before the signature block. If the request lacks any of the 

required information or a proper signature, the postmaster will return 

it to the requester specifying the deficiency.



    Note: The term pro se means that a party is not represented by an 

attorney but by himself or herself.



    (iii) In compliance with a subpoena or court order, except that 

change of address or boxholder information which is not otherwise 

subject to disclosure under these regulations may be disclosed only 

pursuant to a court order.

    (iv) To a law enforcement agency, for oral requests made through the 

Inspection Service, but only after the Inspection Service has confirmed 

that the information is needed in the course of a criminal 

investigation. (All other requests from law enforcement agencies should 

be submitted in writing to the postmaster as in paragraph (d)(5)(i) of 

this section.)

    (6) Jury service. The mailing address of any customer sought in 

connection with jury service, if known, will be furnished without charge 

upon prior written request to a court official, such as a judge, court 

clerk or jury commissioner.

    (7) Address verification. The address of a postal customer will be 

verified at the request of a Federal, State, or local government agency 

upon written certification that the information is required for the 

performance of the agency's duties. ``Verification'' means advising such 

an agency whether or not its address for a postal customer is one at 

which mail for that customer is currently being delivered. 

``Verification'' neither means nor implies knowledge on the part of the 

Postal Service as to the actual residence of the customer or as to the 

actual receipt by the customer of mail delivered to that address. The 

Postal Service requires government agencies to use the format appearing 

at the end of this section when



[[Page 99]]



requesting the verification of a customer's current address or a 

customer's new mailing address. If the request lacks any of the required 

information or a proper signature, the postmaster will return the 

request to the agency, specifying the deficiency in the space marked 

``OTHER''.

    (8) Business/Residence location. If the location of a residence or a 

place of business is known to a Postal Service employee, whether as a 

result of official duties or otherwise, the employee may, but need not, 

disclose the location or give directions to it. No fee is charged for 

such information.

    (9) Private mailbox information. Information from PS Form 1583, 

Application for Delivery of Mail Through Agent, will be provided as 

follows:

    (i) Except as provided in paragraph (d)(9)(iii) of this section, 

information from PS Form 1583 will be provided only in the circumstance 

stated in paragraph (d)(5)(iii) of this section.

    (ii) To the public only for the purpose of identifying a particular 

address as an address of an agent to whom mail is delivered on behalf of 

other persons. No other information, including, but not limited to, the 

identities of persons on whose behalf agents receive mail, may be 

disclosed to the public from PS Form 1583.

    (iii) Information concerning an individual who has filed a 

protective court order with the postmaster will not be disclosed except 

pursuant to the order of a court of competent jurisdiction.

    (e) Information not available for public disclosure. (1) Except as 

provided by paragraph (a)(6) of this section, the Postal Service and its 

officers and employees shall not make available to the public by any 

means or for any purpose any mailing list or other list of names or 

addresses (past or present) of postal patrons or other persons.

    (2) Records or other documents which are classified or otherwise 

specifically authorized by Executive Order 12356 and implementing 

regulations to be kept secret in the interest of the national defense or 

foreign policy are not subject to disclosure pursuant to this part.

    (3) Records consisting of trade secrets or confidential financial 

data, the disclosure of which is prohibited by section 1905 of title 18, 

U.S.C., are not subject to disclosure pursuant to this part.

    (4) Other records, the disclosure of which is prohibited by statute, 

are not subject to disclosure pursuant to this part.

    (f) Protection of the right of privacy. If any record required or 

permitted by this part to be disclosed contains the name of, or other 

identifying details concerning, any person, including an employee of the 

Postal Service, the disclosure of which would constitute a clearly 

unwarranted invasion of personal privacy, the name or other identifying 

details shall be deleted before the record is disclosed and the 

requester so informed.

    (g) Disclosure in part of otherwise exempt record. Any reasonably 

segregable portion of a record shall be provided after deleting the 

information which is neither subject to mandatory disclosure nor 

available as a matter of discretion.



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[40 FR 7331, Feb. 19, 1975, as amended at 41 FR 52052, Nov. 26, 1976; 42 

FR 59085, Nov. 15, 1977; 45 FR 44270, July 1, 1980; 47 FR 20304, May 12, 

1982; 47 FR 21248, May 18, 1982; 48 FR 1969, Jan. 17, 1983; 51 FR 8825, 

Mar. 14, 1986; 51 FR 26386, July 23, 1986; 52 FR 13668, Apr. 24, 1987; 

52 FR 22778, June 16, 1987; 53 FR 49983, Dec. 13, 1988; 54 FR 3558, Jan. 

24, 1989; 59 FR 11550, Mar. 11, 1994; 59 FR 22757, May 3, 1994; 59 FR 

62324, Dec. 5, 1994; 59 FR 67225, 67226, 67227, Dec. 29, 1994; 60 FR 

57345, Nov. 15, 1995; 62 FR 64282, Dec. 5, 1997; 63 FR 6481, Feb. 9, 

1998; 64 FR 41290, July 30, 1999; 65 FR 3859, Jan. 25, 2000; 67 FR 

46393, July 15, 2002; 68 FR 56559, Oct. 1, 2003; 69 FR 34932, June 23, 

2004; 69 FR 39851, July 1, 2004; 70 FR 22512, Apr. 29, 2005]