---
kind: "section"
citation: "39 C.F.R. § 3011.104"
title: "39"
number: "3011.104"
heading: "Standard for public disclosure of materials claimed to contain non-public information."
url: "https://uscodex.org/cfr/39/3011.104"
---

# §3011.104. Standard for public disclosure of materials claimed to contain non-public information.

- (a) In determining whether to publicly disclose materials claimed by the Postal Service to contain non-public information, the Commission shall balance the nature and extent of the likely commercial injury identified by the Postal Service against the public interest in maintaining the financial transparency of a government entity competing in commercial markets.
- (b) In determining whether to publicly disclose materials in which the Commission determines any person other than the Postal Service has a proprietary interest, the Commission shall balance the interests of the parties consistent with the analysis undertaken by a federal court when applying the protective conditions appearing in Federal Rule of Civil Procedure 26(c).

## Notes

### Authority

Authority: 39 U.S.C. 407, 503, 504.

### Source

Source: 83 FR 31281, July 3, 2018, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020.