PART 3006—PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT Authority: 5 U.S.C. 552; 39 U.S.C. 407, 503, 504. Source: 89 FR 65206, Aug. 9, 2024. Subpart A—General Provisions § 3006.100 Applicability and scope. (a) The rules in this part apply to requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. These rules should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Act Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines). (b) Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance with the Commission's Privacy Act regulations appearing in part 3005 of this chapter and § 3006.204. § 3006.101 Commission policy. (a) The Commission shall be proactive and timely in identifying and posting public records and other frequently requested records to its website. (b) It is the stated policy of the Commission that FOIA requests shall be administered with a clear presumption of openness. The Commission will only withhold information if it reasonably foresees that disclosure would harm an interest protected by a FOIA exemption, such as information specifically exempted from disclosure by statute (for example 39 U.S.C. 410(c)), or disclosure is otherwise prohibited by law. Publicly available information regarding exemptions and examples of exempt information are available at the Department of Justice's FOIA website, https://www.foia.gov. (c) This Commission policy does not create any right enforceable in court. § 3006.102 Proactive disclosures. (a) Except as provided in § 3006.101(b) and in part 3011 of this chapter, Commission records, required by the FOIA to be made available, will be made available on the Commission's website, https://www.prc.gov. (b) Descriptions of the Commission's organization, its methods of operation, statements of policy and interpretations, and procedural and substantive rules, are published in the Federal Register https://www.prc.gov. § 3006.103 Reading room. (a) The Commission maintains an electronic reading room at https://www.prc.gov. (b) The records available for public inspection include, for example, decisions; reports; opinions; orders; notices; findings; determinations; statements of policy; copies of selected records released under FOIA; indexes required to be maintained under FOIA; and records relating to any matter or proceeding before the Commission. (c) The Commission shall make available, in an electronic form, records previously released under FOIA and which the Commission determines are or are likely to become of significant public interest. (d) Commission records that have been requested three or more times will be made available on the Commission's website, https://www.prc.gov. § 3006.104 Chief Freedom of Information Act Officer. The Commission designates the General Counsel of the Commission as the Chief FOIA Officer. The Chief FOIA Officer shall be responsible for the administration of and reporting on the Commission's Freedom of Information Act program. The Chief FOIA Officer (and any individual(s) designated by the Chief FOIA Officer to communicate with FOIA requesters) may be contacted via email at [email protected] § 3006.105 Freedom of Information Act Public Liaison. The Commission designates the Director of the Office of Public Affairs and Government Relations or the individual's designee as the FOIA Public Liaison who shall assist in the resolution of any dispute between a requester and the Commission. The FOIA Public Liaison may be contacted via email at [email protected] § 3006.106 Commission procedure when served a subpoena. If an officer or employee of the Commission is served with a subpoena duces tecum, material that is not part of the public files and records of the Commission shall be produced only as authorized by the General Counsel. Service of such a subpoena shall immediately be reported to the General Counsel with a statement of all relevant facts. The General Counsel will thereupon enter such order or give such instructions as it deems advisable. Subpart B—Procedures for Freedom of Information Act Requests § 3006.200 Procedures for submitting requests. (a) Electronic submission requirements. https://www.prc.gov [email protected], https://www.foia.gov/. (1) Reasonably describe the records sought; (2) Identify the request category under § 3006.301; and (3) Include the requester's name, daytime telephone number, and a valid email or mailing address to receive records and written communications from the Commission regarding the request. (b) Hard copy submission requirements. (1) Be in writing; (2) Be clearly identified as “Freedom of Information Act Request” both in the text of the request and on the envelope; (3) Be submitted to the Commission's office (901 New York Avenue NW, Suite 200, Washington, DC 20268-0001); (4) Reasonably describe the records sought; and (5) Include the requester's name, daytime telephone number, and a valid email or mailing address to receive records and written communications from the Commission regarding the request. (c) Content of request. e.g., (d) Improper requests. (1) If after receiving a request, the Commission determines that it is improper, the Chief FOIA Officer or the individual's designee will provide one written notification to the requester using the contact information included in the request. The notification will inform the requester of all the following: (i) The reason(s) why the request is improper; (ii) The additional information needed from the requester that would reasonably describe the records to enable their location by the Commission with a reasonable amount of effort; (iii) The Commission will not be able to comply with the request unless the Commission receives such additional information in writing within the specified timeframe and if the Commission does not receive a written response containing the additional information needed within the specified timeframe, then it will presume that the requester is no longer interested in the records and will administratively close the file on the request; (iv) The preferred method for the requester to provide the additional information is by emailing [email protected]; (v) The requester may also provide the additional information by mailing or by hand delivery during regular business hours (which are from 8 a.m. to 4:30 p.m. Eastern Time, except for Saturdays, Sundays, and Federal holidays) to the Office of Secretary and Administration, Postal Regulatory Commission, 901 New York Avenue NW, Suite 200, Washington, DC 20268-0001); and (vi) The contact information for the Chief FOIA Officer (or the individual's designee) and the FOIA Public Liaison, each of whom is available to assist the requester in reasonably describing the records sought. (2) If the requester provides the additional information needed that reasonably describes the records to enable their location by the Commission with a reasonable amount of effort by the timeframe specified in the notification, then the Commission will confirm receipt of the information and process the request. (3) After administrative closure, if the Commission receives the additional information needed that reasonably describes the records to enable their location by the Commission with a reasonable amount of effort, then the Commission will notify the requester that the request will be processed as a new request. (e) Expedited processing. (1) Include “Expedited Freedom of Information Act Request” or “Expedited Freedom of Information Act Appeal” in the body of the submission; (2) For any hard copy submission, include “Expedited Freedom of Information Act Request” or “Expedited Freedom of Information Act Appeal” on the envelope; (3) Demonstrate a compelling need as defined in 5 U.S.C. 552(a)(6)(E)(v); and (4) Certify the statement of compelling need to be true and correct to the best of the requester's knowledge and belief. The Commission has discretion to waive the certification requirement. § 3006.201 Timing of responses to requests. (a) In general. (b) Multitrack processing. (i) The request involves voluminous documents; (ii) The complexity of the material; (iii) The request involves record searches at multiple facilities or locations; (iv) The request requires consultation among the Commission or other agencies; or (v) The number of open requests submitted by the same requester. (2) Within each track, the Commission processes requests in the order in which they are received. When appropriate, the Chief FOIA Officer or the individual's designee will notify the requester of placing a request in the “Complex” track and provide the requester with an opportunity to limit the scope of the request. If the requester limits the scope of the request, it may result in faster processing. (c) Expedited processing. (i) Circumstances in which the lack of expedited processing could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (ii) An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information. (2) Within 10 calendar days of the receipt of a request for expedited processing, the Chief FOIA Officer or the individual's designee will notify the requester of the decision whether to grant or deny expedited processing. If expedited processing is granted, the request shall be given priority, placed in the processing track for expedited requests, and shall be processed as soon as practicable. If a request for expedited processing is denied, the Chief FOIA Officer or the individual's designee will inform the requester of the denial in writing, the right to appeal the denial to the Commission in writing, and the procedures for appealing the denial. 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. (3) Where a compelling need is not shown in an expedited request as specified in § 3006.200(e), the Commission may grant the request for expedited processing at its discretion. (d) Unusual circumstances. (1) Provide the requester with an opportunity to modify the request or arrange an alternative timeframe for processing; and (2) Make its FOIA Public Liaison available to the requester and apprise the requester of their right to seek dispute resolution services from the Office of Government Information Services. (e) Aggregating requests. § 3006.202 Responses to requests. (a) In general. (b) Acknowledgments of requests. (c) Grants of requests. (d) Adverse determinations of requests. (e) Content of denials. (1) The name and title or position of the person responsible for the denial; (2) A brief statement of the reasons for the denial, including any FOIA exemption applied by the Commission in denying the request; (3) An estimate of the volume of any records or information withheld, such as the number of pages or some other reasonable form of estimation, although such an estimate is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption; (4) A statement that the denial may be appealed under § 3006.203, and a description of the requirements; and (5) A statement notifying the requester of the assistance available from the Commission's FOIA Public Liaison and the dispute resolution services offered by the Office of Government Information Services. (f) Markings on released documents. (g) Use of record exclusions. (2) Upon invoking an exclusion, the Commission must maintain an administrative record of the process of invocation and approval of exclusion by OIP. § 3006.203 Appeals. (a) Discretionary review. (b) Requirements for making an appeal. [email protected]. (1) A copy of the request, of any notification of denial or other action, and of any other related correspondence; (2) The FOIA tracking number assigned to the request; (3) A description of the action (or failure to act) which is being challenged; (4) If challenging specific redactions made to responsive records, a statement identifying the specific redactions being challenged; (5) A statement of the relief sought; and (6) A statement of the reasons why the requester believes the action or failure to act is erroneous. (c) Adjudication of appeals. (2) An appeal ordinarily will not be adjudicated if the request becomes a matter of FOIA litigation. (3) On receipt of any appeal involving classified information, the Commission must take appropriate action to ensure compliance with applicable classification rules. (d) Decisions on appeals. (e) Engaging in dispute resolution services provided by OGIS. (f) When an appeal is required. § 3006.204 Relationship among the Freedom of Information Act, the Privacy Act, and the Commission's procedures for according appropriate confidentiality. (a) Coverage. (b) Requesting records subject to the Privacy Act. (c) Requesting another individual's record. (1) If the Commission makes a disclosure in response to a request and the disclosure is permitted by the Privacy Act's disclosure provision, 5 U.S.C. 552a(b), the Commission will rely on the Privacy Act to govern the disclosure. (2) In some circumstances, the Privacy Act may prohibit the Commission's ability to release records which may be released under FOIA. (d) Requesting a Postal Service record. (1) A request made pursuant to FOIA for Postal Service records shall be referred to the Postal Service; and (2) A request made pursuant to part 3011 of this chapter for records designated as non-public by the Postal Service shall be considered under the applicable standards set forth in that part. (e) Requesting a record submitted by a person other than the Postal Service. (1) A request made pursuant to FOIA for records submitted by a person other than the Postal Service shall adhere to the applicable procedures of § 3006.205. If such a FOIA request is not referred to a different Federal agency pursuant to § 3006.205(b), the Commission shall consider it in light of all applicable exemptions and in accordance with the following procedures: (i) If such materials are designated as non-public, the Commission shall follow the procedures appearing in § 3006.206(b) through (d) in determining the FOIA request; or (ii) In all other instances, the Commission shall determine the FOIA request after notifying the person of the FOIA request and providing the person with an opportunity to respond within 7 days of the date of the notice under the following circumstances: (A) The records sought contain confidential commercial information that may be protected from disclosure under 5 U.S.C. 552(b)(4); and (B) The Commission determines that it may be required to disclose the records, provided that at least one of the following applies: ( 1 ( 2 (2) A request made pursuant to part 3011 of this chapter for records designated as non-public by a person other than the Postal Service shall be considered under the applicable standards set forth in that part. § 3006.205 Consultations, referrals, and coordinations. (a) Consultations. (b) Referrals. (c) Coordinations. (d) Classified information. (e) Timing of responses to consultations and referrals. (f) Agreements regarding consultations and referrals. § 3006.206 Submission of non-public materials by a person other than the Postal Service. (a) Overlap with treatment of non-public materials. (b) Notice of request. (c) Objections to disclosure. (d) Notice of decision. Subpart C—Fees for Freedom of Information Act Requests § 3006.300 Definitions applicable to this subpart. (a) Commercial use (b) Direct costs (c) Duplication (d) Educational institution (e) Noncommercial scientific institution (f) Representative of the news media e.g., (g) Review (h) Search § 3006.301 Request category. (a) Fees. (1) Commercial use. (2) Educational and noncommercial scientific institutions. (3) News media. (4) Other requesters. (b) Privacy Act. § 3006.302 General provisions. (a) The Commission may charge search fees even if no records are found or if the records found are exempt from disclosure. (b) Except in the case of commercial use requesters, the first 100 pages of duplication and the first 2 hours of search time are provided without charge. (1) 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. (2) Search time for these purposes refers to manual searching; if the search is performed by computer, the 2 hours provided without charge will be equal to 2 hours' salary of the person performing the search. (c) 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 allowance for 2 hours' search or 100 pages of duplication will be made before comparing the remaining fee and the cost of collection. (d) 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. (e) No requester will be charged a fee after any search or response which occurs after the applicable time limits as described in §§ 3006.202 and 3006.203, unless: (1) The Commission extends the time limit for its response due to unusual circumstances, pursuant to § 3006.201(d), and the Commission completes its response within the extension of time provided under that section; or (2) The Commission extends the time limit for its response due to unusual circumstances and more than 5,000 pages are necessary to respond to the request and the Commission has discussed with the requester how they could effectively limit the scope of the request or made at least three good faith attempts to do so; or (3) A court has determined that exceptional circumstances exist and excused the Commission from responding by court order. (f) The Commission may, however, charge fees for review, and in some cases duplication, for a partial grant of a request while it reviews records that may be exempt and may be responsive to the request, so long as the partial grant is made within the applicable time limits. § 3006.303 Fee schedule. (a) Fees will be calculated as follows: (1) Manual search. (2) Computer search. (3) Review (commercial use). (4) Duplication. (5) Additional services. (b) In addition to the fee waiver provisions of § 3006.302(d), fees may be waived at the discretion of the Commission. § 3006.304 Procedure for assessing and collecting fees. (a) Advance payment may be required if the requester failed to pay previous bills in a timely fashion or when the fees are likely to exceed $250. (1) Where the requester has previously failed to pay within 30 days of the billing date, the Commission may require the requester to pay an advance payment of the estimated fee together with either the past due fees (plus applicable interest) or proof that the past fees were paid. (2) When advance payment is required, the administrative time limits prescribed in 5 U.S.C. 552(a)(6) (§ 3006.201) begin only after such payment has been received. (b) Interest at the rate published by the Secretary of the Treasury as 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.