[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR265.7]

[Page 100-104]
 
                        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

[[Page 101]]

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 
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

[[Page 102]]

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.
    (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

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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 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

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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 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]