Solicitation of Comments on First Use of Rules Applicable to Negotiated Service Agreements, 4802-4803 [05-1732]
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4802
Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Proposed Rules
Association (Ginnie Mae’s)
Homeownership Information Center,
which provides a wide array of
information for homebuyers pertaining
to the homebuying process, mortgage
affordability, loan calculators, credit
counseling, etc. Accordingly, this
document hereby withdraws the
proposed rule.
DATES: The proposed rule is withdrawn
as of January 31, 2005.
FOR FURTHER INFORMATION CONTACT: R.D.
Finneran, Assistant Director for Loan
Policy and Valuation (262), Loan
Guaranty Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420 (202) 273–7368.
Approved: December 17, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.
[FR Doc. 05–1712 Filed 1–28–05; 8:45 am]
BILLING CODE 8320–01–P
POSTAL RATE COMMISSION
39 CFR Part 3001
[Docket No. RM2005–2; Order No. 1429]
Solicitation of Comments on First Use
of Rules Applicable to Negotiated
Service Agreements
Postal Rate Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: This document addresses the
solicitation of comments in a
proceeding to consider potential
changes to the Commission rules for
considering functionally equivalent
Negotiated Service Agreements. These
comments will be used to evaluate
whether improvements should be made
to the rules to facilitate the
Commission’s review of future requests
predicated on functionally equivalent
Negotiated Service Agreements.
DATES: Initial comments: February 28,
2005; reply comments: March 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6818.
SUPPLEMENTARY INFORMATION:
Regulatory History
68 FR 52552, September 4, 2003. 69
FR 7574, February 19, 2004.
On February 11, 2004, the
Commission promulgated rules
applicable to the review of Postal
Service requests predicated on baseline
and functionally equivalent Negotiated
Service Agreements.1 The Postal Service
1 Order Establishing Rules Applicable to Requests
for Baseline and Functionally Equivalent
VerDate jul<14>2003
16:55 Jan 28, 2005
Jkt 205001
first invoked the rules applicable to
functionally equivalent Negotiated
Service Agreements (39 CFR 3001.196)
in requests filed on June 21, 2004, for
proposed Negotiated Service
Agreements with Discover Financial
Services, Inc. (Discover) and Bank One
Corporation (Bank One).2 Both
agreements were proffered as
functionally equivalent to the recently
recommended Negotiated Service
Agreement with Capital One Services,
Inc. (Capital One).3 The Postal Service
has not submitted a request for a new
baseline agreement. Thus, the rules for
new baseline Negotiated Service
Agreements (39 CFR 3001.195) remain
untested.
PRC Order No. 1391 at 48 explains the
purpose of the rules applicable to
functionally equivalent Negotiated
Service Agreements:
The purpose of § 3001.196 is to provide an
opportunity to expedite the review of a
request for a functionally equivalent
Negotiated Service Agreement by allowing
the proponents of the agreement to rely on
relevant record testimony from a previous
docket. This potentially could expedite the
proceeding by avoiding the need to re-litigate
issues that were recently litigated and
resolved in a previous docket.
Once the Commission determines that
it is appropriate to proceed under rule
196, a procedural schedule is
established to allow for issuing a
decision within 60 days if no hearing is
scheduled, or within 120 days if a
hearing is scheduled. In both the
Discover and the Bank One dockets, the
participants requested hearings, the
hearings were scheduled, and schedules
were initially established to allow for a
decision to be issued within 120 days.4
The Commission recommended that
the Postal Service enter into the
Negotiated Service Agreement with
Discover 72 days after making the
decision to hear the request under the
rules for functionally equivalent
Negotiated Service Agreements (101
days after the filing of the request).5
This was well within the 120 day time
Negotiated Service Agreements, PRC Order No.
1391, February 11, 2004. The rules applicable to
Negotiated Service Agreements are incorporated
into the Commission’s rules at subpart L.
2 Request of the United States Postal Service for
a Recommended Decision on Classifications, Rates
and Fees to Implement Functionally Equivalent
Negotiated Service Agreement with Discover
Financial Services, Inc., June 21, 2004; Request of
the United States Postal Service for a
Recommended Decision on Classifications, Rates
and Fees to Implement Functionally Equivalent
Negotiated Service Agreement with Bank One
Corporation, June 21, 2004.
3 PRC Op. MC2002–2, May 15, 2003.
4 In both instances, the requests for hearings were
withdrawn before the hearings occurred.
5 PRC Op. MC2004–4, September 30, 2004.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
frame contemplated by the rules. The
Commission found the Discover
Negotiated Service Agreement
functionally equivalent, albeit not
identical, to the Capital One Negotiated
Service Agreement, and recommended
the request only with minor
modification. Proceeding under the
rules for functionally equivalent
Negotiated Service Agreements
successfully developed a sufficient
record upon which to issue a decision
and expedited the procedural schedule
as envisioned when the rules were first
developed.
Application of the rules for a
functionally equivalent Negotiated
Service Agreement in the Bank One
docket also was successful. A sufficient
record upon which to base a decision
was developed, and the docket was
expedited through reliance on record
testimony from the previous Capital
One docket. However, due to the
complexity of the specific issues
involved, procedural issues that arose,
and more extensive than anticipated
litigation and negotiation, issuing the
decision exceeded the 120 day
procedural schedule by 27 days. The
Commission recommended that the
Postal Service enter into the Negotiated
Service Agreement with Bank One 147
days after making the decision to hear
the request under the rules for
functionally equivalent Negotiated
Service Agreements (179 days after the
filing of the request).6
A large number of unusual issues
delayed a decision on the Bank One
Negotiated Service Agreement. The
testimony of Bank One witness Buc was
filed seven days late, with no indication
in the initial request that additional
testimony was forthcoming. Potential
intervenors were not alerted to
important differences between the
baseline and the proffered functionally
equivalent agreement by less than full
compliance with rule 196(b)(2). Within
two weeks of the filing of the request,
Bank One merged with J. P. Morgan
Chase, requiring additional discovery
efforts, and creating uncertainty over
how to analyze the initial request. The
Bank One Negotiated Service Agreement
as proposed was not functionally
equivalent to the Capital One Negotiated
Service Agreement.7 Participants
6 PRC
Op. MC2004–3, December 17, 2004.
the request did not provide for
adequate protection of mailers not party to the
agreement (for example, an equivalent to the stoploss cap as recommended in the Capital One docket
was not proposed even though similar risks were
apparent). As recommended, after modification, the
Bank One Negotiated Service Agreement is
functionally equivalent to the Capital One
Negotiated Service Agreement.
7 Significantly,
E:\FR\FM\31JAP1.SGM
31JAP1
Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Proposed Rules
litigated and negotiated issues that were
not present in the baseline docket. This
culminated in the submission of two
proposed Stipulations and Agreements
late in the proceeding addressing risks
identified by the participants.8 Finally,
the details of the Bank One agreement
and the specific facts presented in this
docket were more complex than what
was presented in the baseline docket.
The Commission believes it unlikely
that this many complicating factors are
likely to be present in future requests for
functionally equivalent Negotiated
Service Agreements. Thus, the
anticipated time for the Commission to
review a request and render a
recommendation still appears to be
realistic.
The Presiding Officer decided to
proceed under the rules for functionally
equivalent Negotiated Service
Agreements to lend structure to the
Bank One proceeding. He recognized
that future revelations might require a
change in direction.9 Although there
were unanticipated complications in the
Bank One docket, the rules for
functionally equivalent Negotiated
Service Agreements proved flexible and
sufficient to hear the request and render
a recommended decision.
The Commission indicated in the
Discover and the Bank One
recommendations that it would solicit
comments on the first use of the new
rules. The comments will be used to
evaluate whether improvements should
be made to the rules to facilitate the
Commission’s review of future requests
predicated on functionally equivalent
Negotiated Service Agreements.
Comments are welcome of a general
nature, or that address specific
procedural or data requirement issues.
By this order, the Commission hereby
gives notice that comments from
interested persons concerning the first
use of the rules applicable to Negotiated
Service Agreements are due February
28, 2005. Reply comments may also be
filed and are due March 28, 2005.
In conformance with section 3624(a)
of title 39, the Commission designates
Shelley S. Dreifuss, director of the
Commission’s Office of the Consumer
Advocate, to represent the interests of
8 The rules for functionally equivalent Negotiated
Service Agreements should provide adequate
expedition without the need to file Stipulations and
Agreements. Stipulations and Agreements should
not be used as a procedural mechanism to
expeditiously conclude a docket. In this docket, the
Stipulations and Agreements were properly used to
resolve issues unique to the request.
9 An alternative could have been to reject the
request as submitted, with directions to supplement
testimony where necessary and refile as a new
baseline docket. This would have considerably
added to the length of the procedural schedule.
VerDate jul<14>2003
16:55 Jan 28, 2005
Jkt 205001
the general public in this proceeding.
Pursuant to this designation, Ms.
Dreifuss will direct the activities of
Commission personnel assigned to
assist her and, upon request, will supply
their names for the record. Neither Ms.
Dreifuss nor any of the assigned
personnel will participate in or provide
advice on any Commission decision in
this proceeding.
Ordering Paragraphs
It is ordered:
1. Docket No. RM2005–2 is
established to solicit comments on
possible improvements to the
Commission’s rules applicable to
Negotiated Service Agreements.
2. Interested persons may submit
comments no later than February 28,
2005.
3. Reply comments also may be filed
and are due March 28, 2005.
4. Shelley S. Dreifuss, director of the
Office of the Consumer Advocate, is
designated to represent the interests of
the general public in this docket.
5. The Secretary shall arrange for
publication of this Notice of Proposed
Rulemaking in the Federal Register.
Issued: January 25, 2005.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. 05–1732 Filed 1–28–05; 8:45 am]
BILLING CODE 7710–FW–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1356
RIN 0970–AC14
Administrative Costs for Children in
Title IV–E Foster Care
Administration for Children
and Families (ACF), Department of
Health and Human Services (DHHS).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Administration for
Children and Families (ACF) is
proposing to amend the regulations for
Child and Family Services with respect
to title IV–E administrative costs and
eligibility determinations and redeterminations for title IV–E foster care
recipients and foster care ‘‘candidates.’’
This Notice of Proposed Rule Making
(NPRM) proposes rules to implement
title IV–E foster care eligibility and
administrative cost provisions in
sections 472 and 474 of the Social
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
4803
Security Act (the Act) and incorporates
previously issued policy guidance.
DATES: Consideration will be given to
written comments received by April 1,
2005.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule to Kathleen McHugh,
Director, Division of Policy, Children’s
Bureau, Administration on Children,
Youth and Families, Administration for
Children and Families, 330 C Street,
SW., Washington, DC 20447. You may
download an electronic version of the
rule at https://www.regulations.gov. You
may also transmit written comments
electronically via the Internet at:
https://www.regulations.acf.hhs.gov.
Comments will be available for public
inspection Monday through Friday 8:30
a.m. to 5 p.m. at the above address by
contacting Jan Rothstein, in room 2411.
FOR FURTHER INFORMATION CONTACT:
Kathleen McHugh, Director, Division of
Policy, Children’s Bureau,
Administration on Children, Youth and
Families, (202) 401–5789 or by e-mail at
kmchugh@acf.hhs.gov. Do not e-mail
comments on the Notice of Proposed
Rule Making to this address.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This proposed regulation is issued
pursuant to 42 U.S.C. 1302, which
authorizes the Secretary of Health and
Human Services (the Secretary) to
publish regulations that may be
necessary for the efficient
administration of the functions for
which he/she is responsible under the
Act.
II. Background
Section 474(a) in title IV–E of the Act
entitles a State agency to Federal
financial participation (FFP) for three
separate categories of expenditures: title
IV–E foster care maintenance payments
for eligible children in licensed or
approved foster family homes or child
care institutions; adoption assistance
payments; and payments for the proper
and efficient administration of the title
IV–E State plan. Furthermore, section
474(a)(3)(E) sets the rate of FFP for
allowable administrative costs at 50
percent. Federal regulations at 45 CFR
1356.60(c) implement the title IV–E
administrative cost requirements and
subparagraph (c)(3) lists several
examples of allowable administrative
costs necessary for the administration of
the title IV–E foster care program. As a
general rule, a State agency may claim
allowable title IV–E administrative costs
for a child in title IV–E foster care who
is eligible for title IV–E foster care
E:\FR\FM\31JAP1.SGM
31JAP1
Agencies
[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Proposed Rules]
[Pages 4802-4803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1732]
=======================================================================
-----------------------------------------------------------------------
POSTAL RATE COMMISSION
39 CFR Part 3001
[Docket No. RM2005-2; Order No. 1429]
Solicitation of Comments on First Use of Rules Applicable to
Negotiated Service Agreements
AGENCY: Postal Rate Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document addresses the solicitation of comments in a
proceeding to consider potential changes to the Commission rules for
considering functionally equivalent Negotiated Service Agreements.
These comments will be used to evaluate whether improvements should be
made to the rules to facilitate the Commission's review of future
requests predicated on functionally equivalent Negotiated Service
Agreements.
DATES: Initial comments: February 28, 2005; reply comments: March 28,
2005.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6818.
SUPPLEMENTARY INFORMATION:
Regulatory History
68 FR 52552, September 4, 2003. 69 FR 7574, February 19, 2004.
On February 11, 2004, the Commission promulgated rules applicable
to the review of Postal Service requests predicated on baseline and
functionally equivalent Negotiated Service Agreements.\1\ The Postal
Service first invoked the rules applicable to functionally equivalent
Negotiated Service Agreements (39 CFR 3001.196) in requests filed on
June 21, 2004, for proposed Negotiated Service Agreements with Discover
Financial Services, Inc. (Discover) and Bank One Corporation (Bank
One).\2\ Both agreements were proffered as functionally equivalent to
the recently recommended Negotiated Service Agreement with Capital One
Services, Inc. (Capital One).\3\ The Postal Service has not submitted a
request for a new baseline agreement. Thus, the rules for new baseline
Negotiated Service Agreements (39 CFR 3001.195) remain untested.
---------------------------------------------------------------------------
\1\ Order Establishing Rules Applicable to Requests for Baseline
and Functionally Equivalent Negotiated Service Agreements, PRC Order
No. 1391, February 11, 2004. The rules applicable to Negotiated
Service Agreements are incorporated into the Commission's rules at
subpart L.
\2\ Request of the United States Postal Service for a
Recommended Decision on Classifications, Rates and Fees to Implement
Functionally Equivalent Negotiated Service Agreement with Discover
Financial Services, Inc., June 21, 2004; Request of the United
States Postal Service for a Recommended Decision on Classifications,
Rates and Fees to Implement Functionally Equivalent Negotiated
Service Agreement with Bank One Corporation, June 21, 2004.
\3\ PRC Op. MC2002-2, May 15, 2003.
---------------------------------------------------------------------------
PRC Order No. 1391 at 48 explains the purpose of the rules
applicable to functionally equivalent Negotiated Service Agreements:
The purpose of Sec. 3001.196 is to provide an opportunity to
expedite the review of a request for a functionally equivalent
Negotiated Service Agreement by allowing the proponents of the
agreement to rely on relevant record testimony from a previous
docket. This potentially could expedite the proceeding by avoiding
the need to re-litigate issues that were recently litigated and
resolved in a previous docket.
Once the Commission determines that it is appropriate to proceed
under rule 196, a procedural schedule is established to allow for
issuing a decision within 60 days if no hearing is scheduled, or within
120 days if a hearing is scheduled. In both the Discover and the Bank
One dockets, the participants requested hearings, the hearings were
scheduled, and schedules were initially established to allow for a
decision to be issued within 120 days.\4\
The Commission recommended that the Postal Service enter into the
Negotiated Service Agreement with Discover 72 days after making the
decision to hear the request under the rules for functionally
equivalent Negotiated Service Agreements (101 days after the filing of
the request).\5\ This was well within the 120 day time frame
contemplated by the rules. The Commission found the Discover Negotiated
Service Agreement functionally equivalent, albeit not identical, to the
Capital One Negotiated Service Agreement, and recommended the request
only with minor modification. Proceeding under the rules for
functionally equivalent Negotiated Service Agreements successfully
developed a sufficient record upon which to issue a decision and
expedited the procedural schedule as envisioned when the rules were
first developed.
---------------------------------------------------------------------------
\4\ In both instances, the requests for hearings were withdrawn
before the hearings occurred.
\5\ PRC Op. MC2004-4, September 30, 2004.
---------------------------------------------------------------------------
Application of the rules for a functionally equivalent Negotiated
Service Agreement in the Bank One docket also was successful. A
sufficient record upon which to base a decision was developed, and the
docket was expedited through reliance on record testimony from the
previous Capital One docket. However, due to the complexity of the
specific issues involved, procedural issues that arose, and more
extensive than anticipated litigation and negotiation, issuing the
decision exceeded the 120 day procedural schedule by 27 days. The
Commission recommended that the Postal Service enter into the
Negotiated Service Agreement with Bank One 147 days after making the
decision to hear the request under the rules for functionally
equivalent Negotiated Service Agreements (179 days after the filing of
the request).\6\
---------------------------------------------------------------------------
\6\ PRC Op. MC2004-3, December 17, 2004.
---------------------------------------------------------------------------
A large number of unusual issues delayed a decision on the Bank One
Negotiated Service Agreement. The testimony of Bank One witness Buc was
filed seven days late, with no indication in the initial request that
additional testimony was forthcoming. Potential intervenors were not
alerted to important differences between the baseline and the proffered
functionally equivalent agreement by less than full compliance with
rule 196(b)(2). Within two weeks of the filing of the request, Bank One
merged with J. P. Morgan Chase, requiring additional discovery efforts,
and creating uncertainty over how to analyze the initial request. The
Bank One Negotiated Service Agreement as proposed was not functionally
equivalent to the Capital One Negotiated Service Agreement.\7\
Participants
[[Page 4803]]
litigated and negotiated issues that were not present in the baseline
docket. This culminated in the submission of two proposed Stipulations
and Agreements late in the proceeding addressing risks identified by
the participants.\8\ Finally, the details of the Bank One agreement and
the specific facts presented in this docket were more complex than what
was presented in the baseline docket. The Commission believes it
unlikely that this many complicating factors are likely to be present
in future requests for functionally equivalent Negotiated Service
Agreements. Thus, the anticipated time for the Commission to review a
request and render a recommendation still appears to be realistic.
---------------------------------------------------------------------------
\7\ Significantly, the request did not provide for adequate
protection of mailers not party to the agreement (for example, an
equivalent to the stop-loss cap as recommended in the Capital One
docket was not proposed even though similar risks were apparent). As
recommended, after modification, the Bank One Negotiated Service
Agreement is functionally equivalent to the Capital One Negotiated
Service Agreement.
\8\ The rules for functionally equivalent Negotiated Service
Agreements should provide adequate expedition without the need to
file Stipulations and Agreements. Stipulations and Agreements should
not be used as a procedural mechanism to expeditiously conclude a
docket. In this docket, the Stipulations and Agreements were
properly used to resolve issues unique to the request.
---------------------------------------------------------------------------
The Presiding Officer decided to proceed under the rules for
functionally equivalent Negotiated Service Agreements to lend structure
to the Bank One proceeding. He recognized that future revelations might
require a change in direction.\9\ Although there were unanticipated
complications in the Bank One docket, the rules for functionally
equivalent Negotiated Service Agreements proved flexible and sufficient
to hear the request and render a recommended decision.
---------------------------------------------------------------------------
\9\ An alternative could have been to reject the request as
submitted, with directions to supplement testimony where necessary
and refile as a new baseline docket. This would have considerably
added to the length of the procedural schedule.
---------------------------------------------------------------------------
The Commission indicated in the Discover and the Bank One
recommendations that it would solicit comments on the first use of the
new rules. The comments will be used to evaluate whether improvements
should be made to the rules to facilitate the Commission's review of
future requests predicated on functionally equivalent Negotiated
Service Agreements. Comments are welcome of a general nature, or that
address specific procedural or data requirement issues. By this order,
the Commission hereby gives notice that comments from interested
persons concerning the first use of the rules applicable to Negotiated
Service Agreements are due February 28, 2005. Reply comments may also
be filed and are due March 28, 2005.
In conformance with section 3624(a) of title 39, the Commission
designates Shelley S. Dreifuss, director of the Commission's Office of
the Consumer Advocate, to represent the interests of the general public
in this proceeding. Pursuant to this designation, Ms. Dreifuss will
direct the activities of Commission personnel assigned to assist her
and, upon request, will supply their names for the record. Neither Ms.
Dreifuss nor any of the assigned personnel will participate in or
provide advice on any Commission decision in this proceeding.
Ordering Paragraphs
It is ordered:
1. Docket No. RM2005-2 is established to solicit comments on
possible improvements to the Commission's rules applicable to
Negotiated Service Agreements.
2. Interested persons may submit comments no later than February
28, 2005.
3. Reply comments also may be filed and are due March 28, 2005.
4. Shelley S. Dreifuss, director of the Office of the Consumer
Advocate, is designated to represent the interests of the general
public in this docket.
5. The Secretary shall arrange for publication of this Notice of
Proposed Rulemaking in the Federal Register.
Issued: January 25, 2005.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. 05-1732 Filed 1-28-05; 8:45 am]
BILLING CODE 7710-FW-P