Back
[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR265.6]
[Page 108-114]
TITLE 39--POSTAL SERVICE
CHAPTER I--UNITED STATES POSTAL SERVICE
PART 265--RELEASE OF INFORMATION--Table of Contents
Sec. 265.6 Availability of records.
(a) Records available to the public on request--(1) General. Postal
Service records are available for inspection or copying at the request
of any person, in accordance with the provisions of this part, except as
otherwise provided by law or regulations, including but not limited to
paragraphs (b) through (g) of this section. Certain categories of
records of particular interest are available on a continuing basis as
provided in paragraphs (a)(2), (3), and (4) of this section and are
listed in a public index as provided in paragraphs (a)(4) and (5) of
this section. Access to other records may be requested on an individual
basis in accordance with the procedures provided in Sec. 265.7. Official
records which are maintained on an electronic storage medium will
normally be made available, in accordance with this part, as an exact
duplicate of the requested original in a form readable by the human eye,
such as a computer print-out. On request, records will be provided in a
different form or format if they are maintained in the requested form or
format or if they can be readily reproduced in the requested form or
format.
(2) Opinions. All final opinions and orders made in the adjudication
of cases by the Judicial Officer and Administrative Law Judges, all
final determinations pursuant to section 404(b) of title 39, United
States Code, to close or consolidate a post office, or to disapprove a
proposed closing or consolidation, all advisory opinions concerning the
private express statutes issued pursuant to 39 CFR 310.6, and all bid
protest decisions are on file and available for inspection and copying
at the Headquarters Library and, if created on or after November 1,
1996, also at the Postal Service's world wide web site identified at
Sec. 265.5.
(3) Administrative manuals and instructions to staff. The manuals,
instructions, and other publications of the Postal Service that affect
members of the public are available through the Headquarters Library and
at many post offices and other postal facilities. Those which are
available to the public but are not listed for sale may be inspected in
the Headquarters Library, at any postal facility which maintains a copy,
or, if created on or after November 1, 1996, through the world wide web
site identified at Sec. 265.5. Copies of publications which are not
listed as for sale or as available free of charge may be obtained by
paying a fee in accordance with Sec. 265.9.
(4) Previously released records. Records processed and disclosed
after March 31, 1997, in response to a Freedom of Information Act
request, which the Postal Service determines have become or are likely
to become the subject of subsequent requests for substantially the same
records, are available for inspection and copying at the Headquarters
Library. Any such records created by the Postal Service on or after
November 1, 1996, also will be available at the Postal Service's world
wide web site identified at Sec. 265.5. Records described in this
paragraph that were not created by, or on behalf of, the Postal Service
generally will not be available at the world wide web site. Records will
be available in the form in which they were originally disclosed, except
to the extent that they contain information that is not appropriate for
public disclosure and may be withheld pursuant to this section. Any
deleted material will be marked and the applicable exemption(s)
indicated in accordance with Sec. 265.7(d)(3). A general index of the
records described in this paragraph is available for inspection and
copying at the Headquarters Library. [Beginning on or before December
31, 1999, the index also will be available at the Postal Service's world
wide web site.]
(5) Public index. (i) A public index is maintained in the
Headquarters Library and at the world wide web site of all final
opinions and orders made by the Postal Service in the adjudication of
cases, Postal Service policy statements which may be relied on as
precedents in the disposition of cases, administrative staff manuals and
instructions that affect the public, and other materials which the
Postal Service elects to index and make available to the public on
request in the manner set forth in paragraph (a) of this section.
(ii) The index contains references to matters issued after July 4,
1967, and may reference matters issued prior to that date.
[[Page 109]]
(iii) Any person may arrange for the inspection of any matter in the
public index in accordance with the procedures of Sec. 265.7.
(iv) Copies of the public index and of matters listed in the public
index may be purchased through the Headquarters Library with payment of
fees as listed in the index or as provided in Sec. 265.9.
(v) Materials listed in the public index that were created on or
after November 1, 1996, will also be available in electronic format at
the Postal Service's world wide web site at http://www.usps.gov.
(6) Listings of employees' names. Upon written request, the Postal
Service will, to the extent required by law, provide a listing of postal
employees working at a particular postal facility.
(b) Records not subject to mandatory public disclosure. Certain
classes of records are exempt from mandatory disclosure under exemptions
contained in the Freedom of Information Act and in section 410(c) of
title 39, U.S.C. The Postal Service will exercise its discretion, in
accordance with the policy stated in Sec. 265.2, as implemented by
instructions issued by the office of Administration and FOIA with the
approval of the General Counsel in determining whether the public
interest is served by the inspection or copying of records that are:
(1) Related solely to the internal personnel rules and practices of
the Postal Service.
(2) Trade secrets, or privileged or confidential commercial or
financial information, obtained from any person.
(3) Information of a commercial nature, including trade secrets,
whether or not obtained from a person outside the Postal Service, which
under good business practice would not be publicly disclosed. This class
includes, but is not limited to:
(i) Information pertaining to methods of handling valuable
registered mail.
(ii) Records of money orders, except as provided in 940 of the
Domestic Mail Manual (DMM).
(iii) Technical information concerning postage meters and prototypes
submitted for Postal Service approval prior to leasing to mailers.
(iv) Reports of market surveys conducted by or under contract in
behalf of the Postal Service.
(v) Records indicating rural carrier lines of travel.
(vi) Records compiled within the Postal Service which would be of
potential benefit to persons or firms in economic competition with the
Postal Service.
(vii) Information which, if publicly disclosed, could materially
increase procurement costs.
(viii) Information which, if publicly disclosed, could compromise
testing or examination materials.
(4) Interagency or internal memoranda or letters that would not be
available by law to a private party in litigation with the Postal
Service.
(5) Reports and memoranda of consultants or independent contractors,
except to the extent they would be required to be disclosed if prepared
within the Postal Service.
(6) Files personal in nature, including medical and personnel files,
the disclosure of which would constitute a clearly unwarranted invasion
of personal privacy.
(7) Information prepared for use in connection with proceedings
under chapter 36 of title 39, U.S.C., relating to rate, classification,
and service changes.
(8) Information prepared for use in connection with the negotiation
of collective bargaining agreements under chapter 12 of title 39,
U.S.C., or minutes of, or notes kept during, negotiating sessions
conducted under such chapter.
(9) Other matter specifically exempted from disclosure by statute.
(c) Records or information compiled for law enforcement purposes.
(1) Investigatory files compiled for law enforcement purposes, whether
or not considered closed, are exempt by statute from mandatory
disclosure except to the extent otherwise available by law to a party
other than the Postal Service, 39 U.S.C. 410(c)(6). As a matter of
policy, however, the Postal Service will normally make records or
information compiled for law enforcement purposes available upon request
unless the production of these records:
[[Page 110]]
(i) Could reasonably be expected to interfere with enforcement
proceedings;
(ii) Would deprive a person of a right to a fair trial or an
impartial adjudication;
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled
by a criminal law enforcement authority (such as the Postal Inspection
Service) in the course of a criminal investigation, or by an agency
conducting a lawful national security intelligence investigation,
information furnished by a confidential source;
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual.
(2) Whenever a request is made which involves access to records
described in Sec. 265.6(c)(1)(i), and
(i) The investigation or proceeding involves a possible violation of
criminal law; and
(ii) There is reason to believe that,
(A) The subject of the investigation or proceeding is not aware of
its pendency, and
(B) Disclosure of the existence of the records could reasonably be
expected to interfere with enforcement proceedings, the Postal Service
may, during only such time as that circumstance continues, treat the
records as not subject to the requirements of the Freedom of Information
Act.
(3) Whenever informant records maintained by a criminal law
enforcement agency (such as the Postal Inspection Service) under an
informant's name or personal identifier are requested by a third party
according to the informant's name or personal identifier, the records
may be treated as not subject to the requirements of the Freedom of
Information Act unless the informant's status as an informant has been
officially confirmed.
(4) Authority to disclose records or information compiled for law
enforcement purposes to persons outside the Postal Service must be
obtained from the Chief Postal Inspector, U.S. Postal Service,
Washington, DC 20260-2100, or designee.
(d) Disclosure of names and addresses of customers. Upon request,
the names and addresses of specifically identified Postal Service
customers will be made available only as follows:
(1) Change of address. The new address of any specific customer who
has filed a permanent or temporary change of address order (by
submitting PS Form 3575, a hand-written order, or an electronically
communicated order) will be furnished to any person upon payment of the
fee prescribed in Sec. 265.9 (e)(3) and (g)(5), except that the new
address of a specific customer who has indicated on the order that the
address change is for an individual or an entire family will be
furnished only in those circumstances stated at paragraph (d)(4) of this
section. Disclosure will be limited to the address of the specifically
identified individual about whom the information is requested (not other
family members or individuals whose names may also appear on the change
of address order). The Postal Service reserves the right not to disclose
the address of an individual for the protection of the individual's
personal safety. Other information on PS Form 3575 or copies of the form
will not be furnished except in those circumstances stated at paragraphs
(d)(4)(i), (d)(4(iii), or (d)(4)(iv) of this section. The fee is waived
for providing information under the circumstances listed at paragraph
(d)(4) of this section. See Sec. 265.9(g)(5).
(2) Name and address of permit holder. The name and address of the
holder of a particular bulk mail permit, permit imprint or similar
permit (but not including postage meter licenses), and the name of any
person applying for a permit in behalf of a holder will be furnished to
any person upon the payment of any fees authorized by paragraph (b) of
Sec. 265.9. For the name and address of
[[Page 111]]
a postage meter license holder, see paragraph (d)(3) of this section.
(Lists of permit holders may not be disclosed to members of the public.
See paragraph (e)(1) of this section.)
(3) Name and address of postage meter license holder. The name and
address of the holder of a postage meter license authorizing use of a
postage meter printing a specified indicium will be furnished to any
person upon the payment of any fees authorized by paragraph (b) of
Sec. 265.9, provided the holder is using the license for a business or
firm. The request for this information must be sent to the manager of
Postage Technology Management, Postal Service Headquarters. The request
must include the original or a photocopy of the envelope or wrapper on
which the meter indicium in question is printed, and a copy or
description of the contents to support that the sender is a business or
firm and not an individual. (Lists of postage meter license holders may
not be disclosed to members of the public. See paragraph (e)(1) of this
section.)
(4) Post office boxholder information. Information from PS Form
1093, Application for Post Office Box or Caller Service, will be
provided as follows:
(i) Except as provided in paragraph (d)(3)(iii) of this section,
information from PS Form 1093 will be provided only in those
circumstances stated at paragraphs (d)(4)(i) through (d)(4)(iii) of this
section.
(ii) Except as provided in paragraph (d)(3)(iii) of this section,
copies of PS Form 1093 will be furnished only in those circumstances
stated at paragraphs (d)(4)(i) and (d)(4)(iii) of this section.
(iii) When the boxholder files with the postmaster a copy of a
protective court order, information from PS Form 1093 will not be
disclosed except pursuant to the order of a court of competent
jurisdiction.
(5) Exceptions. Except as otherwise provided in these regulations,
names or addresses of postal customers will be furnished only as
follows:
(i) To a federal, state or local government agency upon prior
written certification that the information is required for the
performance of its duties.
(ii) To a person empowered by law to serve legal process, or the
attorney for a party in whose behalf service will be made, or a party
who is acting pro se, upon receipt of written information that
specifically includes all of the following: (A) A certification that the
name or address is needed and will be used solely for service of legal
process in connection with actual or prospective litigation; (B) a
citation to the statute or regulation that empowers the requester to
serve process, if the requester is other than the attorney for a party
in whose behalf service will be made, or a party who is acting pro se;
(C) the names of all known parties to the litigation; (D) the court in
which the case has been or will be commenced; (E) the docket or other
identifying number, if one has been issued; and (F) the capacity in
which the boxholder is to be served, e.g., defendant or witness. By
submitting such information, the requester certifies that it is true.
The address of an individual who files with the postmaster a copy of a
protective court order will not be disclosed except as provided under
paragraphs (d)(4)(i), (d)(4)(iii), or (d)(4)(iv) of this section.
The Postal Service suggests use of the standard format appearing at
the end of this section when requesting information under this
paragraph. When using the standard format on the submitter's own
letterhead, the standard format must be used in its entirety. The
warning statement and certification specifically must be included
immediately before the signature block. If the request lacks any of the
required information or a proper signature, the postmaster will return
it to the requester specifying the deficiency.
Note: The term pro se means that a party is not represented by an
attorney but by himself or herself.
(iii) In compliance with a subpoena or court order, except that
change of address or boxholder information which is not otherwise
subject to disclosure under these regulations may be disclosed only
pursuant to a court order.
[[Page 112]]
(iv) To a law enforcement agency, for oral requests made through the
Inspection Service, but only after the Inspection Service has confirmed
that the information is needed in the course of a criminal
investigation. (All other requests from law enforcement agencies should
be submitted in writing to the postmaster as in paragraph (d)(4)(i) of
this section.)
(6) Jury service. The mailing address of any customer sought in
connection with jury service, if known, will be furnished without charge
upon prior written request to a court official, such as a judge, court
clerk or jury commissioner.
(7) Address verification. The address of a postal customer will be
verified at the request of a Federal, State, or local government agency
upon written certification that the information is required for the
performance of the agency's duties. ``Verification'' means advising such
an agency whether or not its address for a postal customer is one at
which mail for that customer is currently being delivered.
``Verification'' neither means nor implies knowledge on the part of the
Postal Service as to the actual residence of the customer or as to the
actual receipt by the customer of mail delivered to that address. The
Postal Service requires government agencies to use the format appearing
at the end of this section when requesting the verification of a
customer's current address or a customer's new mailing address. If the
request lacks any of the required information or a proper signature, or
if the request has been sent to the wrong post office, the postmaster
will return the request to the agency, specifying the deficiency in the
space marked ``OTHER''.
(8) Business/Residence location. If the location of a residence or a
place of business is known to a Postal Service employee, whether as a
result of official duties or otherwise, the employee may, but need not,
disclose the location or give directions to it. No fee is charged for
such information.
(9) Private mailbox information. Information from PS Form 1583,
Application for Delivery of Mail Through Agent, will be provided as
follows:
(i) Except as provided in paragraph (d)(8)(iii) of this section,
information from PS Form 1583 will be provided only in those
circumstances stated at paragraphs (d)(4)(i) and (d)(4)(iii) of this
section.
(ii) To the public only for the purpose of identifying a particular
address as an address of an agent to whom mail is delivered on behalf of
other persons. No other information, including, but not limited to, the
identities of persons on whose behalf agents receive mail, may be
disclosed to the public from PS Form 1583.
(iii) Information concerning an individual who has filed a
protective court order with the postmaster will not be disclosed except
pursuant to the order of a court of competent jurisdiction.
(e) Information not available for public disclosure. (1) Except as
provided by paragraph (a)(6) of this section, the Postal Service and its
officers and employees shall not make available to the public by any
means or for any purpose any mailing list or other list of names or
addresses (past or present) of postal patrons or other persons.
(2) Records or other documents which are classified or otherwise
specifically authorized by Executive Order 12356 and implementing
regulations to be kept secret in the interest of the national defense or
foreign policy are not subject to disclosure pursuant to this part.
(3) Records consisting of trade secrets or confidential financial
data, the disclosure of which is prohibited by section 1905 of title 18,
U.S.C., are not subject to disclosure pursuant to this part.
(4) Other records, the disclosure of which is prohibited by statute,
are not subject to disclosure pursuant to this part.
(f) Protection of the right of privacy. If any record required or
permitted by this part to be disclosed contains the name of, or other
identifying details concerning, any person, including an employee of the
Postal Service, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, the name or other identifying
details shall be deleted before the record is disclosed and the
requester so informed.
[[Page 113]]
(g) Disclosure in part of otherwise exempt record. Any reasonably
segregable portion of a record shall be provided after deleting the
information which is neither subject to mandatory disclosure nor
available as a matter of discretion.
[GRAPHIC] [TIFF OMITTED] TR29DE94.003
[[Page 114]]
(Required Format Referenced at Paragraph 265.6(d)(6))
(AGENCY LETTERHEAD)
To: Postmaster
________________________________________________________________________
Agency Control No.______________________________________________________
Date:___________________________________________________________________
ADDRESS INFORMATION REQUEST
Please furnish this agency with the new address, if available, for
the following individual or verify whether or not the address given
below is one at which mail for this individual is currently being
delivered. If the following address is a post office box, please furnish
the street address as recorded on the boxholder's application form.
Name:___________________________________________________________________
Last Known Address:_____________________________________________________
I certify that the address information for this individual is
required for the performance of this agency's official duties.
________________________________________________________________________
(Signature of Agency Official)
________________________________________________________________________
(Title)
________________________________________________________________________
FOR POST OFFICE USE ONLY
[ ] MAIL IS DELIVERED TO ADDRESS NEW ADDRESS
GIVEN
[ ] NOT KNOWN AT ADDRESS GIVEN ------------
[ ] MOVED, LEFT NO FORWARDING ------------
ADDRESS
BOXHOLDER'S STREET ADDRESS
[ ] NO SUCH ADDRESS
[ ] OTHER (SPECIFY): ------------
------------ ------------
------------
Agency return address Postmark/Date Stamp
[40 FR 7331, Feb. 19, 1975, as amended at 41 FR 52052, Nov. 26, 1976; 42
FR 59085, Nov. 15, 1977; 45 FR 44270, July 1, 1980; 47 FR 20304, May 12,
1982; 47 FR 21248, May 18, 1982; 48 FR 1969, Jan. 17, 1983; 51 FR 8825,
Mar. 14, 1986; 51 FR 26386, July 23, 1986; 52 FR 13668, Apr. 24, 1987;
52 FR 22778, June 16, 1987; 53 FR 49983, Dec. 13, 1988; 54 FR 3558, Jan.
24, 1989; 59 FR 11550, Mar. 11, 1994; 59 FR 22757, May 3, 1994; 59 FR
62324, Dec. 5, 1994; 59 FR 67225, 67226, 67227, Dec. 29, 1994; 60 FR
57345, Nov. 15, 1995; 62 FR 64282, Dec. 5, 1997; 63 FR 6481, Feb. 9,
1998; 64 FR 41290, July 30, 1999; 65 FR 3859, Jan. 25, 2000; 67 FR
46393, July 15, 2002]