[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: 39CFR7.3]

[Page 16-17]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 7_PUBLIC OBSERVATION (ARTICLE VII)--Table of Contents
 
Sec.  7.3  Exceptions.

    Section 7.2 of these bylaws does not apply to a portion of a 
meeting, and Sec. Sec.  7.4 and 7.5 do not apply to information 
concerning the meeting which otherwise would be required to be disclosed 
to the public, if the Board properly determines that the public interest 
does not require otherwise, and that such portion of the meeting or the 
disclosure of such information is likely to:
    (a) Disclose matters that are (1) specifically authorized under 
criteria established by an Executive order to be kept secret in the 
interests of national defense or foreign policy, and (2) in fact 
properly classified under that Executive order;
    (b) Relate solely to the internal personnel rules and practices of 
the Postal Service, including the Postal Service position in 
negotiations or consultations with employee organizations.
    (c) Disclose matters specifically exempted from disclosure by 
statute (other than the Freedom of Information Act, 5 U.S.C. 552), 
provided that the statute (1) requires that the matters be withheld from 
the public in such a manner as to leave no discretion on the issue, or 
(2) establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (d) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential, such as market 
information pertinent to Postal Service borrowing or investments, 
technical or patent information related to postal mechanization, or 
commercial information related to purchases of real estate;
    (e) Involve accusing any person of a crime, or formally censuring 
any person;
    (f) Disclose information of a personal nature, such as personal or 
medical data regarding any individual if disclosure would constitute a 
clearly unwarranted invasion of personal privacy;
    (g) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in those 
records, but only to the extent that the production of those records or 
information would (1) interfere with enforcement proceedings, (2) 
deprive a person of a right

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to a fair trial or an impartial adjudication, (3) constitute an 
unwarranted invasion of personal privacy, (4) disclose the identity of a 
confidential source and, in the case of a record compiled by a criminal 
law enforcement authority in the course of a criminal investigation, or 
by an agency conducting a lawful national security intelligence 
investigation, confidential information furnished only by the 
confidential source, (5) disclose investigative techniques and 
procedures, or (6) endanger the life or physical safety of law 
enforcement personnel;
    (h) Disclose information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions;
    (i) Disclose information the premature disclosure of which would be 
likely significantly to frustrate implementation of a proposed action of 
the Board, such as information relating to the negotiation of a labor 
contract or proposed Postal Service procurement activity, except that 
this provision does not apply in any instance where (1) the Postal 
Service has already disclosed to the public the content or nature of the 
proposed action, or (2) the Postal Service is required by law to make 
such disclosure on its own initiative before taking final action on the 
proposal; or
    (j) Specifically concern the issuance of a subpoena by the Postal 
Service, or the participation of the Postal Service in a civil action or 
proceeding, such as a postal rate or classification proceeding, an 
action in a foreign court or international tribunal, or an arbitration, 
or the initiation, conduct, or disposition by the Postal Service of a 
particular case of formal adjudication under the procedures of 5 U.S.C. 
554 or otherwise involving a determination on the record after 
opportunity for a hearing.