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

---
identifier: "/us/cfr/t39/s3011.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "39 CFR § 3011.104 - Standard for public disclosure of materials claimed to contain non-public information."
title_number: 39
title_name: "Postal Service"
section_number: "3011.104"
section_name: "Standard for public disclosure of materials claimed to contain non-public information."
chapter_name: "POSTAL REGULATORY COMMISSION"
subchapter_number: "C"
subchapter_name: "GENERAL RULES OF PRACTICE FOR PROCEEDINGS BEFORE THE COMMISSION"
part_number: "3011"
part_name: "NON-PUBLIC MATERIALS PROVIDED TO THE COMMISSION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "39 U.S.C. 407, 503, 504."
regulatory_source: "83 FR 31281, July 3, 2018, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020."
cfr_part: "3011"
---


# 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).