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(a) Mail and other local services. Make inquiries regarding mail and other post office services to local postmasters.

(b) Departmental records, documents, and other data. (1) This part contains information as to the availability of, and the procedures to be followed by persons outside the Federal Government to inspect, to copy, or to obtain the various records and data concerning operation of the Department. Inquiries regarding availability, other than as specifically stated in this part, or location of Department records, administrative manuals and other documents should be made to the head of the office at which the record is maintained, if known. In other cases, inquiries may be made to the local postmasters, regional directors, directors, postal data centers, or the Special Assistant to the Postmaster General for Public Information, Post Office Department, Washington, D.C. 20260.

(2) Parties in litigation or adversary proceedings with the Department in any Federal or State court, Federal board or commission will be furnished Department records, documents and other data, excluding postal inspectors' reports and Postal Inspection Service records, in whole or in part, only as provided by the rules or orders of such courts, boards, or commissions. Postal inspectors' reports and Postal Inspection Service Records, in whole or in part, will be disclosed only if prior approval for such disclosure is obtained from Headquarters, Post Office Department, Washington, D.C. 20260 or in response to an order issued by a judge of a Federal court.

(c) Office, business hours. Records may be inspected during regular business hours Monday through Friday (exclusive of legal holidays) and only at those postal installations where they are maintained, unless otherwise specifically authorized. However, the public will not be permitted to inspect records at the Postal Data Centers. Records which are maintained at the Postal Data Centers may, if made available, be inspected at the regional office designated by the Director of the Postal Data Center.

(d) Definitions. The following terms as used herein shall mean:

(1) Department. Post Office Department Headquarters, Washington, D.C. 20260, regional offices, postal data centers, all post offices and other postal installations.

(2) Records. Includes prior and contemporaneous books, papers, reports, maps, photographs, forms or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by the Department or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the Government or because of the informational value of data contained therein. Library or museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of the word "records" as used in this regulation.

(3) Opinions and orders. Final opinions (including concurring and dissenting opinions) and orders rendered by the Postmaster General, the Judicial Officer, Board of Contract Appeals, or other board or official acting on behalf of the Postmaster General in any particular matter.

(e) Exemptions. (1) The following classes of identifiable records may be withheld from inspection or copying. Records which are:

(1) Specifically required by Executive order to be kept secret in the interest of national defense or foreign policy. For example, the actual geographical location of Army Post Office addresses when classified in the interest of national defense.

(ii) Related solely to the internal personnel rules and practices of the Department. For example, operating rules, guidelines and manuals of procedure for postal inspectors.

(iii) Specifically exempted from disclosure by statute. For example, contents of first-class mail, section 4057, title 39 United States Code.

(iv) Trade secrets and commercial or financial information and other privileged or confidential information obtained from any person. For example, identity of post office box holders; or confidential financial or proprietary data furnished by a prospective contractor during negotiations for a contract or to comply with a specification of an invitation for bids or a request for proposal.

(v) Interagency or internal memoranda or letters which would not be available by law to a private party in litigation with the Department. For example, internal drafts and memoranda between officials of the Department and legal memoranda from the General Counsel or Regional Counsel to postal officials. Civil Service Commission inspection reports or excerpts therefrom are internal memoranda and may not be disclosed pursuant to Civil Service Commission regulations.

(vi) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy or which is precluded by regulations of the Civil Service Commission or the Department of Labor. For example, official personnel folders, medical reports, Bureau of Employee Compensation case files, disciplinary files, and employee home addresses. See § 113.8.

(vii) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. For example, inspection service reports of depredations or similar matters.

(viii) The names, addresses, and telephone numbers of post office box holders shall not be disclosed except to a recognized law enforcement agency or in compliance with a subpoena or court order issued after the litigant has made a showing of special need. For the purpose of this subdivision and § 113.5 (d) (iv), in addition to generally recognized law enforcement organizations, such as the FBI, State and local police, Federal regulatory agencies, and Federal and State taxing authorities, Federal, State, and local public health officials when such

officials state that the person whose name, address, and telephone number they are seeking is a post office box holder and that such person is infected with or was exposed to contagious diseases, are also deemed to be law enforcement agencies.

(ix) Records and related data pertaining to methods of handling valuable registered mail.

(x) Technical data concerning postage meters and prototypes submitted for Department approval prior to leasing to mailers.

(xi) Records of money orders, except as provided in § 171.4 of this chapter.

(2) If an exemption is claimed by any postal official authorized to disclose records, the General Counsel, after consultation with that official may, for good cause shown, permit disclosure of any record, except as may be prohibited by law, executive order or regulation of another Federal agency which is charged with the responsibility for the maintenance and control of such record.

(3) The regulations in this part do not require the Department to make available records which would disrupt the work of the Department. Likewise, the regulations in this part do not require the compiling of a record from source data.

[33 F.R. 11775, Aug. 20, 1968, as amended at 34 F.R. 8159, May 24, 1969; 34 F.R. 18549, Nov. 21, 1969].

§ 113.2 Opinions, orders, administrative manuals and instructions to staff.

(a) Opinions. All final opinions (including concurring and dissenting opinions) and orders made in the adjudication of cases involving contract appeals under contract with this Department, fraud orders, mailability matters, revocation or denial of second-class mailing privileges, disbarment proceedings, proceedings under Executive Order 11246 (Equal Employment Opportunity), and other matter except in cases or classes of cases which are not required to be made public, are on file and available for inspection and copying in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260, unless otherwise specified.

(b) Administrative manuals and instructions to staff. Section 114.2 of this chapter identifies those manuals, instructions, and other publications and issuances of the Department that are used by post offices and indicates how,

where, and if they may be obtained. Those which are not listed for sale and are available to the public under the Freedom of Information Act may be inspected in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260. If desired, they may be obtained by paying a fee in accordance with § 113.5, unless it is specifically stated that they are available free of charge or the cognizant bureau, office or installation head waives the fee. See § 113.5(d).

(c) Limitation. If it is determined that disclosure of any of the matters in paragraphs (a) and (b) of this section would constitute an unwarranted invasion of personal privacy, the appropriate official may delete identifying details therefrom either when it is disclosed for inspection or published. However, justification for the deletion shall be placed as a preamble to the document request for inspection or copying.

(d) Public index. (1) The Department Library maintains a public index which identifies information as to all final opinions and orders made in the adjudication of cases; Department policy statements and interpretations not published in the FEDERAL REGISTER; and administrative staff manuals and instructions to staff that affect any member of the public.

(2) The index will contain matters issued only after July 4, 1967. However, the Department in its discretion may thereafter include matters which may have occurred prior to July 4, 1967.

(3) The public index may be inspected and copies may be purchased from the Department Library General Reference Section, Room 6012, Post Office Department Building, Washington, D.C. 20260 in accordance with the schedule of fees in § 113.5.

(4) The index shall not contain any matter which the General Counsel has determined should not be disclosed under the regulations in this part.

(e) Public availability of matters in the public index. Any matter which is listed in the public index is available to the public subject to the limitation in paragraph (c) of this section.

(1) Any person may make arrangements for the inspection of any matter which is listed in the public index in accordance with the procedures hereinafter specified.

(2) Copies of the public index, and to the extent practicable, copies of matters listed in the public index will be provided upon request and payment there

for in accordance with the schedule of fees in § 113.5.

§ 113.3 Availability of other matters.

(a) Records covered by this section— (1) Records. This section covers all records which are not covered by § 113.2 and which are not of the kind listed in § 113.1(e).

(2) Organizational statements. The best guide to the location of any matter covered by this section is Subchapter L of this chapter, which contains a description of departmental organization and of the function of the Bureaus and offices at Headquarters, regional offices, postal data centers, post offices, and other postal installations. Because of the manifold variety of records and the large number of separate postal facilities, it is impractical to prepare an itemized directory of matters covered by this section. (See § 113.1(b) for further information.)

(3) Addresses of prospective jurors. All requests from the Administrative Office of the U.S. Courts, including the Judges, clerks and other court officials thereof, to obtain addresses of prospective jurors, if known, will be honored by the installation head of the post office serving the particular community, without fee; except that residential addresses of lock box holders will not be divulged except in accordance with § 113.1(e) (viii) of this chapter. Postmasters need not gather such information if not readily available at the post office concerned.

(4) Change of address. (i) Change of address of a postal patron may be furnished upon request in accordance with paragraph (b) of this section and upon payment of the fee set forth in the schedule of fees in § 113.5.

(ii) Change of address of civilian or military personnel stationed at any APO or FPO is not normally recorded at a civilian post office. Requests for such changes of address should be directed or redirected to the cognizant military establishment.

(a) If Army: Office of the Adjutant General, The Pentagon, Washington, D.C. 20310.

(b) If Navy: Navy Director Unit, c/o Chief of Naval Personnel, Washington, D.C. 20370.

(c) If Air Force: Director, Administrative Services, HQ Department of Air Force, The Pentagon, Washington, D.C. 20330.

(iii) If a patron files a change of ad

dress showing that his mail is to be directed to a post office box rather than to his old identifiable address, an inquiring party should be furnished the recorded post office box address. The furnishing of this information is not within the exemption under § 113.1(e) (1) (viii).

(b) Procedure. All identifiable records covered by this section for which an exemption is not claimed may be available pursuant to the following procedures:

(1) Submit a written request to the local postmaster, or if known, to the head of the installation at which the record is maintained, identifying the material sought by name, subject matter or number, regardless of whether the request is for inspection or copy only. If the request is for inspection, it shall also include a statement that the private party inspecting the record shall not make, alter or falsify a record, conceal, destroy, mutilate or remove any record or part thereof under penalty of law (18 United States Code 494 and 2071).

(2) Installations receiving requests which describe records located elsewhere in the Department or at another agency of the Federal Government will forward the request to the appropriate office or agency, and send requester copy of such referral.

(3) Installations receiving requests for inspection or copy which do not contain sufficient information to identify the record will answer the request as soon as possible. The answer will state that the installation is unable to identify the record from the information in the request, or if possible, what additional information is necessary in order to identify the record requested or that there is no known record containing the information requested and that the Department will not compile data or otherwise create any record except when it is in the furtherance of Post Office Department business. See also § 113.1(e) of this chapter.

(4) Installations receiving requests for inspection or copies of records in their custody will answer the requests as soon as possible. The answer will state:

(i) Whether the record or copy can be made available and, if not, the reason therefor.

(ii) The fees, if any, for retrieval of the record and any copies requested, which must be paid in advance.

(iii) When the record will be available

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for inspection (unless purchase of copy only is requested).

(iv) The place the record will be made available for inspection.

(5) Inspection and copying shall be monitored by a postal employee.

[33 F.R. 11775, Aug. 20, 1968, as amended at 34 F.R. 18549, Nov. 21, 1969]

§ 113.4 Denials and appeal procedure.

(a) Denials. If a request to inspect or copy a record is denied by the head of the organizational segment of the Department except the General Counsel, to which the request is made, or in which the records are maintained, the private party may appeal such a denial to the General Counsel, Post Office Department, Washington, D.C. 20260. The notice of denial shall advise the requesting party of his right to appeal to the General Counsel. The General Counsel's decision shall be made promptly. The decision of the General Counsel or his designee shall constitute the final decision of the Department on the legal right to inspect or copy a record. In those cases in which the General Counsel or his designee make the initial decision upon a request, such decision shall likewise constitute the final decision of the Department.

(b) Appeal procedure. The appeal to the General Counsel shall be submitted in writing within 10 days from the date of denial. The letter of appeal shall include:

(1) Complete identification of the material to which access was denied.

(2) A copy of the request and any related correspondence.

(3) The date of denial and a copy thereof.

[33 F.R. 11775, Aug. 20, 1968, as amended at 34 F.R. 18550, Nov. 21, 1969] § 113.5 Schedule of fees.

(a) Record retrieval. (1) For identifiable computer data the minimum charge is $120 for the first hour or any portion thereof and $30 for each 15 minutes or portion thereof in excess of the first hour.

(2) For other identifiable records the minimum charge is $8 for the first hour or any portion thereof and $2 for each 15 minutes or portion thereof in excess of the first hour.

(3) The fee in subparagraph (2) of this paragraph shall not be charged for the first 4 man-hours expended in compiling and furnishing information manually (not by computer) concerning em

ployees to postal employee organizations. See § 113.8.

(b) Reproduction. (1) For each copy of an identifiable page of any record, publication, etc. available under these regulations, the charge shall be $0.25 per page. There shall be a minimum charge of $1 for any record reproduction regardless of number of pages requested.

(2) The Department reserves the right to make available coin operated copy machines at any given location. In such event, the party desiring copies will make the copies at his own expense.

(3) The Department is not required nor need it furnish more than one copy of any record, publication, etc.

(c) Change of address record. The fee for searching or furnishing the last recorded change of address is $1 per change of address, except as provided in §§ 123.5, 158.2(b), 158.2(c), 158.2(d), and 158.2(e) of this chapter. The $1 charge is not refundable if the change of address information is not found. In such case, the $1 charge is for the search for the address change information.

(d) Waiver of fees. (1) If it is determined to be in the interest of and for the convenience of the Department to furnish a copy of any particular record, publication, etc., except a copy of a change of address or information in connection therewith, only the General Counsel or the Bureau, office or installation head having jurisdiction over such record may waive the fees set out in paragraphs (a) and (b) of this section. However, only the General Counsel may, for good cause shown, permit waiver of the prescribed fee for change of address information.

(2) Specifically, the fee for change of address information requested under § 113.3 (a) (3) is waived for:

(i) Telegraph companies when the sender of the telegram is the U.S. Government;

(ii) Federal, State, and local public health officials when such officials state that the persons whose forwarding addresses are being sought are infected with or were exposed to contagious diseases;

(iii) Federal, State, and local law enforcement officials, upon certification by the representatives of such law enforcement organization that the change of address is required for law enforcement purposes (see § 113.1(e) (1) (viii) ); and

(iv) Federal agencies, upon certification by the representative of such agency

that the change of address is required for official business and all other known sources for obtaining the change of addresses have been exhausted. (Examples of other sources are city directories, telephone books, mailing lists, etc.)

(e) Accounting for fees. (1) Postmasters will deposit fees received as postal funds. The amounts collected will be recorded as write-in entries to A/C 49299, Reimbursements-Miscellaneous, in the cashbook and statement of account. The manner in which the fee is paid, the amount received, and the number of hours used to compile lists or prepare copies of other records released shall be recorded on the request for this information. Written replies to the customer's request stating the number of hours required to prepare information and the amount to be charged should be attached to the request in lieu of the above notation. Requests and any attachments should be filed chronologically for use in site examinations of postal inspectors or finance examiners.

(2) Fees received for information furnished by postal data centers, automatic data processing centers (ADPC), and regional offices will be forwarded to the disbursing officer at the appropriate postal data center for deposit, specifying the proper account number to be used for recording the amounts collected. Offices at Headquarters receiving fees will follow special procedures outlined in instructions furnished them. Postal data centers, ADPC's, and Headquarters offices providing record retrieval as described in § 113.5(a) (1) will enter five-sixths of the fee received in A/C 49579, Reimbursements to Facilities Appropriation-Miscellaneous. The remaining one-sixth of the fee, plus the fees covered in § 113.5(a) (2), (b), and (c), will be entered by postal data centers and Headquarters offices in A/C 49199, Reimbursements to Administration and Regional Operations Appropriation-Miscellaneous, and by ADPC complexes in A/C 49299, Reimbursements to Operations Appropriation-Other than U.S. Government Agencies. Installations other than post offices, postal data centers, ADPC's, and Headquarters will enter all fees deposited in A/C 49199. [33 F.R. 11775, Aug. 20, 1968, as amended at 34 F.R. 8159, May 24, 1969; 34 F.R. 18550, Nov. 21, 1969]

§ 113.6 Compliance with subpenas duces tecum, court orders and summonses. (a) Compliance with subpena duces

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