their use, the particulars distinguishing the various classes of mails and the conditions entitling the public to the privileges of those classes, the requirements for proper wrapping and mailing of matter to be mailed, an explanation of the collection and delivery services of the Department, details of the special mail and nonmail facilities of the Department and the provisions for the transportation of the mail. Notwithstanding any statement contained in this subchapter the burden rests with the mailer to assure that he has complied with the laws enacted by Congress.

(5 U.S.C. 301.39 U.S.C. 501) [31 F.R. 15351, Dec. 8, 1966]

PART 112-DOMESTIC MAIL SERVICE § 112.1

Domestic mail service.

Domestic mail means mail transmitted within, among and between the United States; its Territories and possessions; Army-Air Force (APO) and Navy (FPO) post offices; also mail for delivery to the United Nations, N.Y. The term "Territories and possessions" includes Baker Island, Canal Zone,1 Canton Island, Caroline Islands, Enderbury Island, Guam, Howland Island, Jarvis Island, Johnston Island, Kingman Reef, Manua Island, Mariana Islands, Marshall Islands, Midway Islands, Navassa Island, Puerto Rico, Commonwealth of, Saint Croix Island, Saint John Island, Saint Thomas Island, Samoa (American), Sand Island, Swain's Island, Swan Islands, Trust Territory of the Pacific, Virgin Islands (U.S.), and Wake Island.

(R.S. 161, as amended; 5 U.S.C. 301, 39 U.S.C. 501) [26 F.R. 11513, Dec. 6, 1961, as amended at 26 F.R. 12122, Dec. 19, 1961, 30 F.R. 13214, Oct. 16, 1965. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

PART 113- INFORMATION ON POSTAL SERVICE AND RECORDS RELATING TO OPERATION OF THE DEPARTMENT

Sec.

113.1 Inquiries.

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

113.3 Availability of other matters. 113.4 Denials and appeal procedure. 113.5 Schedule of fees.

1 See §§ 125.7(d) and 131.2(c) (5) (ii) of this chapter.

(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 and copy the various records and data concerning operation of the Department. Make further inquiries regarding availability of location of Department records, administrative manuals and other documents 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, only as provided by the rules or Orders of such courts, boards or commissions. Postal inspectors' reports and Postal Inspection Service records 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 in this part 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. The following classes of 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.

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

(3) Specifically exempted from disclosure by statute. For example, contents of first-class mail, section 4057, Title 39 U.S. Code.

(4) Trade secrets and commercial or financial information and other priv

(5) Interagency or intraagency 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 a Department official.

(6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For example, official personnel folders, medical reports and Bureau of Employee Compensation case files, and disciplinary files.

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

(8) 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.

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

(10) Data concerning postage meters and prototypes submitted for Department approval prior to leasing to mailers.

(11) These regulations do not require the Department to make available records which would disrupt the work of the Department.

(12) Records of postal savings accounts, except as provided in § 173.3 of this chapter. However, names of depositors may be disclosed.

(13) Records of money orders, except as provided in § 171.4 of this chapter. However, for good cause shown, the General Counsel, after consultation with the head of the cognizant Bureau or Office which has custody and control of the record involved, may permit disclosure of such 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. § 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.

(c) Limitations. If it is determined that disclosure of any of the matters in § 113.2 (a) and (b) 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.

(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 there

after 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 these regulations.

(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 § 113.2(c).

(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 therefor in accordance with the Schedule of Fees in § 113.5.

[32 F.R. 9559, July 1, 1967, as amended at 32 F.R. 20810, Dec. 27, 1967] § 113.3

Availability of other matters.

(a) Records covered by this section. (1) 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) The best guide to the location of any matter covered by this section is chapter 8 of the Postal Manual which contains a description of Departmental organization and of the function of the Bureaus and Offices at Headquarters, Regional Offices, Postal Data Centers and Post Offices. 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) Change of address of a postal patron may be furnished upon request in accordance with § 113.3 (b) and upon payment of the fee set forth in the Schedule of Fees in § 113.5.

(b) Procedure. All records covered by this section may be made 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 U.S. 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.

(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 would be 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.

(4) Installations receiving requests for inspection or copies of records in their custody will answer the request 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 for inspection (unless purchase of copy only is requested).

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

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

§ 113.4 Denials and appeal procedure.

(a) Denials. (1) If a request to inspect or copy a record is denied by the organizational segment of the Department 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.

(2) The General Counsel's decision shall constitute the final decision of the Department on the legal right to inspect or copy a record. The notice of denial shall advise the requesting party of his right to appeal to the General Counsel.

(b) Appeal. 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.

The General Counsel's decision shall be made as soon as possible.

§ 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.

(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.

(3) The Department is not required nor shall 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 and 158.2 (b) and (d) 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. If it is determined to be in the interest of and for the con

venience 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 Bureau, Office or installation head having jurisdiction over such record may waive the fees set out in § 113.5 (a) and (b). In addition the General Counsel may for good cause shown, permit waiver of said fees.

[32 F.R. 9559, July 1, 1967, as amended at 32 F.R. 12400, Aug. 25, 1967]

§ 113.6 Compliance with subpenas duces tecum and summonses.

(a) Compliance with subpena duces tecum. (1) Time, leave and payroll records of postal employees are subject to production when a subpena duces tecum has been served. Authority is hereby delegated to Regional Directors, Postal Data Center Directors, and in those regions which have regional counsels, to the regional counsels to authorize the production of time, leave and payroll records in response to a properly served subpena duces tecum. The custodian of the records may designate a postmaster, postal inspector, or other postal official conveniently located to the court to present the records. The presentation by such a designee must meet with the approval of the attorneys for each side.

(2) If the subpena calls for employee records involving a job-connected injury, the records are under the exclusive jurisdiction of the Bureau of Employees' Compensation, Department of Labor. Such records may not be produced without the prior consent of that Department. Requests for authorization for the production of these records shall be addressed to: Bureau of Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20210.

(3) If the subpena calls for employee medical records, they may not be released except as stated herein. These records are primarily under the exclusive jurisdiction of the U.S. Civil Service Commission. The Civil Service Commission has delegated authority to this Department and to the Commission's Regional Directors to release medical information, in response to proper requests and upon competent medical advice, in accordance with the following criteria which have been prescribed to adequately safeguard the interests of the Government and the employee:

(i) Except in response to a subpena, no medical information about an employee will be released to any non-Federal entity or individual without authorization from the employee.

(ii) With authorization from the employee, this Department's Regional Directors, Postal Data Center Directors, or regional counsels will respond as follows to a request from a non-Federal source for medical information:

(a) If in the opinion of a Federal Medical Officer the medical information indicates the existence of a malignancy, a mental condition, or other condition about which a prudent physician would hesitate to inform a person suffering from such a condition as to its exact nature and probable outcome, the Regional Director, Postal Data Center Director, or regional counsel will not release the medical information to the employee or to any individual designated by him, except to a physician, or Postal Data Center Director designated by the employee in writing. The Regional Director, or regional counsel will release such medical information, with a caution against divulgence, in response to a subpena.

(b) If in the opinion of a Federal Medical Officer the medical information does not indicate the presence of any condition which would cause a prudent physician to hesitate to inform a person suffering from such a condition as to its exact nature and probable outcome, the Regional Director, Postal Data Center Director, or regional counsel will release it in response to a subpena or to the employee or to any person, firm, or organization he authorizes in writing to have it.

(c) If a Federal Medical Officer is not available, the Regional Director, Postal Data Center Director, or regional counsel should refer the request to the Civil Service Commission regional office with the medical certificates or other medical reports concerned.

(4) In no event will any records containing information as to the employee's security and loyalty be released.

(5) Subpenas calling for the production of records may be honored only when disclosure is authorized by these regulations.

(6) When employees are authorized to comply with a subpena duces tecum,

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