[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: 39CFR265.7]



[Page 102-106]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 265_RELEASE OF INFORMATION--Table of Contents

 

Sec. 265.7  Procedure for inspection and copying of records.



    (a) Submission of requests--(1) Form and content of request. To 

permit expeditious handling and timely response in accordance with the 

provisions of this part, a request to inspect or to obtain a copy of an 

identifiable Postal Service record shall be in writing and bear the 

caption ``Freedom of Information Act Request'' or otherwise be clearly 

and prominently identified as a request for records pursuant to the 

Freedom of Information Act. A request shall be clearly and prominently 

identified as such on the envelope or other cover. Other requests for 

information will be considered informal requests and will be handled as 

expeditiously as practicable but not necessarily within the time 

limitations set forth in Sec. 265.7(b). An informal request will be 

granted or denied according to the substantive rules in Sec. 265.6, if 

found to be a request for a record. A Freedom of Information Act request 

shall identify the record sought as completely as possible, by name, 

description, or subject matter, and be sufficient to permit the 

custodian to locate it with a reasonable amount of effort. The request 

may state the maximum amount of fees for which the requester is willing 

to accept liability without prior notice. See paragraph (f)(2) of Sec. 

265.8. If no amount is stated, the requester will be deemed willing to 

accept liability for fees not to exceed $25.

    (2) To whom submitted. A request shall be submitted to the custodian 

of the requested record. If the location of the record is not known, 

inquiry should be directed to the Manager, Records Office, U.S. Postal 

Service, 475 L'Enfant Plaza, SW., Washington, DC 20260, telephone (202) 

268-2608. If a request is submitted to a facility other than that at 

which the record is maintained, it shall be promptly transmitted to the 

appropriate custodian with a copy of the transmittal furnished to the 

requester. A request which is not initially submitted to the appropriate 

custodian shall be deemed to have been received by the Postal Service 

for purposes of computing the time for response is accordance with Sec. 

265.7(b) at the time that it is actually received by the appropriate 

custodian. If a request seeks records maintained at two or more 

facilities, the custodian shall be deemed to be the next senior common 

supervisor of the heads of the facilities, e.g., district manager, area 

vice president. The Records Office is deemed to be the custodian, for 

purposes of this part, in all instances in which a request is for a



[[Page 103]]



listing of postal employees. See Sec. 265.6(a)(6).

    (3) Reasons for request. In view of the possibility that some or all 

of the records may be exempt from mandatory disclosure, the requester 

may state any reasons why the record should nevertheless be made 

available to him even if exempt.

    (4) Request for waiver of fees. The requester may ask that fees or 

the advance payment of fees be waived in whole or in part. A fee waiver 

request shall indicate how the information will be used; to whom it will 

be provided; whether the requester intends to use the information for 

resale at a fee above actual cost; any personal or commercial benefit 

that the requester expects as a result of disclosure; in what manner the 

general public will benefit from disclosure; and information as to the 

intended user's identity, qualifications, expertise in the subject area, 

and ability and intention to disseminate the information to the public. 

(See Sec. 265.9(g)(3).)

    (5) Categorical requests. A request for all or substantially all of 

the records within a specific category will be deemed a reasonable 

description of those records only if it is possible, without further 

information, to determine which particular records are sought. See 

paragraph (b)(3) of this section concerning the providing of additional 

information.

    (6) Request for records located at numerous facilities. A request 

for records which are, or may be, located at all or a substantial number 

of post offices or other postal facilities will be deemed to be a 

reasonable description only of such of those records as are maintained 

at the post office or other facility to which the request is submitted, 

and of those records maintained at any other post offices or facilities 

specifically identified in the request. See paragraph (a)(2) of this 

section concerning the custodian of records of two or more facilities.

    (b) Responsibilities of the custodian. (1) The custodian of the 

requested record is the person responsible for determining whether to 

comply with or to deny the request. A custodian who is not an Officer as 

defined in Sec. 221.8 of this chapter, however, should not deny a 

request until he has obtained the advice of Chief Field Counsel. If 

denial of a request appears necessary, the custodian should seek advice 

as soon as possible after receipt of the request so as to provide 

adequate time for legal review. Denial must be made in accordance with 

paragraph (d) of this section.

    (2) The custodian shall make the determination whether to release or 

deny the record(s) within 20 working days (i.e., exclusive of Saturdays, 

Sundays, and holidays) of receiving the request, and more rapidly if 

feasible. The custodian and the requester may, by mutual agreement, 

preferably in writing, establish a different response period.

    (3) If a requested record cannot be located from the information 

supplied, the requester should be given an opportunity to supply 

additional information and, if feasible, to confer with the custodian or 

his/her representative, in an attempt to provide a reasonable 

description of the records sought. If additional information is 

furnished, the request will be deemed to have been received by the 

custodian when sufficient additional information to identify and locate 

the record with a reasonable amount of effort has been received.

    (4) The custodian shall make reasonable efforts to search for the 

records in electronic form or format, except when such efforts would 

significantly interfere with the operation of the automated information 

system.

    (5) The 20 working day response period allowed in paragraph (b)(2) 

of this section may be extended by the custodian, after consultation 

with Chief Field Counsel or with the General Counsel if the custodian is 

at Headquarters, for a period not to exceed an additional 10 working 

days, except as provided in paragraph (b)(7) of this section, when, and 

to the extent, reasonably necessary to permit the proper processing of a 

particular request, under one or more of the following unusual 

circumstances:

    (i) The request requires a search for and collection of records from 

a facility other than that processing the request.

    (ii) The request requires the search for, and collection and 

appropriate examination of, a voluminous amount of separate and distinct 

records.



[[Page 104]]



    (iii) The request requires consultation:

    (A) With another agency having a substantial interest in the 

determination of whether to comply with the request or

    (B) Among two or more components of the Postal Service having 

substantial subject matter interest in the determination of whether to 

comply with the request.

    (6) When the custodian finds that the additional time is required, 

he shall acknowledge the request in writing within the initial 20-day 

response period, state the reason for the delay, and indicate the date 

on which a decision as to disclosure is expected.

    (7) If a request cannot be processed within the additional time 

provided by paragraph (b)(5) of this section, in spite of the exercise 

of due diligence, the custodian shall notify the requester of the 

exceptional circumstances preventing timely compliance and of the date 

by which it is expected that the determination will be made. The 

custodian also shall provide the requester an opportunity to limit the 

scope of the request so that it may be processed within the extended 

time limit, or an opportunity to arrange with the custodian an 

alternative time frame for processing the request or a modified request. 

The custodian shall nonetheless make a determination on the request as 

promptly as possible.

    (8) If a requested record is known to have been destroyed, disposed 

of, or otherwise not to exist, the requester shall be so notified.

    (c) Compliance with request upon affirmative determination by 

custodian. (1) When a requested record has been identified and is to be 

disclosed in whole or in part, the custodian shall ensure that the 

record is made available promptly and shall immediately notify the 

requester where and when and under what reasonable conditions, if any, 

including the payment of fees, the record will be available for 

inspection or copies will be available. Postal Service records will 

normally be available for inspection and copying during regular business 

hours at the postal facilities at which they are maintained. The 

custodian may, however, designate other reasonable locations and times 

for inspection and copying of some or all of the records within his 

custody.

    (2) Any fees authorized or required to be paid in advance by Sec. 

265.9(f)(3) shall be paid by the requester before the record is made 

available or a copy is furnished unless payment is waived or deferred 

pursuant to Sec. 265.9(g).

    (3) A custodian complying with a request may designate a 

representative to monitor any inspection or copying.

    (d) Denial of request. (1) A reply denying a request in whole or in 

part shall be in writing, signed by the custodian or his designee, and 

shall include:

    (i) A statement of the reason for, or justification of, the denial 

(e.g., records personal in nature), including, if applicable, a 

reference to the provision or provisions of Sec. 265.6 authorizing the 

withholding of the record and a brief explanation of how each provision 

applies to the records requested.

    (ii) If entire records or pages are withheld, a reasonable estimate 

of the number of records or pages, unless providing such estimate would 

harm an interest protected by the exemption relied upon.

    (iii) A statement of the right to appeal and of the appeal procedure 

within the Postal Service (described in paragraph (e) of this section).

    (2) The custodian is ordinarily the person responsible for the 

denial of the request. If the denial of a particular request has been 

directed by higher authority, however, the name and title or position of 

the person directing the denial shall be given in the reply to the 

requester in place of the custodian as the person responsible for the 

denial, and a copy of the denial shall be sent to that person.

    (3) When information is deleted from a record that is disclosed in 

part, the custodian shall indicate, on the released portion of the 

record, the amount of information deleted, unless including that 

indication would harm an interest protected by the exemption relied on. 

The indication must appear, if technically feasible, at the place in the 

record where such deletion is made.

    (e) Appeal procedure. (1) If a request to inspect or to copy a 

record, or a request for expedited processing of the request, is denied, 

in whole or in part, if no determination is made within the



[[Page 105]]



period prescribed by this section, or if a request for waiver of fees is 

not granted, the requester may appeal to the General Counsel, U.S. 

Postal Service, Washington, DC 20260-1100.

    (2) The requester shall submit his appeal in writing within 30 days 

of the date of the denial or of the other action complained of, or 

within a reasonable time if the appeal is from a failure of the 

custodian to act. The General Counsel may, in his discretion, consider 

late appeals.

    (3) In the event of the denial of a request or of other action or 

failure to act on the part of a custodian from which no appeal is taken, 

the General Counsel may, if he considers that there is doubt as to the 

correctness of the custodian's action or failure to act, review the 

action or failure to act as though an appeal pursuant to this section 

had been taken.

    (4) A letter of appeal should include, as applicable:

    (i) A copy of the request, of any notification of denial or other 

action, and of any other related correspondence;

    (ii) A statement of the action, or failure to act, from which the 

appeal is taken;

    (iii) A statement of the reasons why the requester believes the 

action or failure to act is erroneous; and

    (iv) A statement of the relief sought.

    (f) Action on appeals. (1) The decision of the General Counsel or 

his designee constitutes the final decision of the Postal Service on the 

right of the requester to inspect or copy a record, or to expedited 

processing of the request, as appropriate. The General Counsel will give 

prompt consideration to an appeal for expedited processing of a request. 

All other decisions normally will be made within 20 working days from 

the time of the receipt by the General Counsel. The 20-day response 

period may be extended by the General Counsel or his designee for a 

period not to exceed an additional 10 working days when reasonably 

necessary to permit the proper consideration of an appeal, under one or 

more of the unusual circumstances set forth in paragraph (b)(5) of this 

section. The aggregate number of additional working days utilized 

pursuant to this paragraph (f)(1) and paragraph (b) of this section, 

however, may not exceed 10.

    (2) The decision on the appeal shall be in writing. If the decision 

sustains a denial of a record, in whole or in part, or if it denies 

expedited processing, it shall state the justification therefor and 

shall inform the requester of his right to judicial review. In the case 

of records withheld, the decision also shall specify any exemption or 

exemptions relied on and the manner in which they apply to the record, 

or portion thereof, withheld.

    (3) If not prohibited by or under law, the General Counsel or his 

designee may direct the disclosure of a record even though its 

disclosure is not required by law or regulation.

    (g) Expedited processing. (1) Criteria. A request for expedited 

processing of a request for records shall be granted when the requester 

demonstrates compelling need. For purposes of this paragraph, 

``compelling need'' exists if:

    (i) Failure of the requester to obtain the records on an expedited 

basis could reasonably be expected to pose an imminent threat to the 

life or physical safety of an individual or;

    (ii) In the case of a request made by a person primarily engaged in 

disseminating information, there is an urgency to inform the public 

concerning actual or alleged federal government activity.

    (2) Request. A request for expedited processing shall be directed in 

writing to the records custodian. The requester must provide information 

in sufficient detail to demonstrate compelling need for the records and 

certify this statement to be true and correct to the best of the 

requester's knowledge and belief. The custodian may waive the formality 

of certification when deemed appropriate.

    (3) Determination. The records custodian shall make a determination 

of whether to provide expedited processing and notify the requester 

within ten days after the date of the request for expedited processing. 

If the request is granted, the records custodian shall process the 

request for records as soon as practicable. If the request for expedited 

processing is denied, the written response will include the procedures 

at



[[Page 106]]



paragraph (d) of this section for appealing the denial.



[40 FR 7331, Feb. 19, 1975, as amended at 45 FR 44271, July 1, 1980; 47 

FR 20304, May 12, 1982; 51 FR 26386, July 23, 1986; 52 FR 13668, Apr. 

24, 1987; 60 FR 57345, Nov. 15, 1995; 62 FR 64282, Dec. 5, 1997; 63 FR 

6482, Feb. 9, 1998; 64 FR 41290, July 30, 1999; 68 FR 56559, Oct. 1, 

2003; 69 FR 34935, June 23, 2004]