Rate and Classification Requests, 66675-66679 [E6-19289]
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
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Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction, from further
environmental documentation
considering that it relates to the
promulgation of operating regulations or
procedures for drawbridges. Under
figure 2–1, paragraph (32)(e), of the
instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
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66675
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. From November 15, 2006 through
May 15, 2007, § 117.224 is amended by
suspending paragraphs (a) and (b) and
adding a temporary paragraph (c), to
read as follows:
I
§ 117.224
Thames River.
*
*
*
*
*
(c)(1) The draw shall remain in the
full open position for the passage of
vessel traffic as follows:
(i) Monday through Friday from 5
a.m. to 5:40 a.m.; 11:20 a.m. to 11:55
a.m.; 3:35 p.m. to 4:15 p.m.; and 8:30
p.m. to 8:55 p.m.
(ii) Saturday from 8:30 a.m. to 9:10
a.m.; 12:35 p.m. to 1:05 p.m.; 3:40 p.m.
to 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and
7:35 p.m. to 8:40 p.m.
(iii) Sunday from 8:30 a.m. to 9:20
a.m.; 11:35 a.m. to 12:15 p.m.; 1:30 p.m.
to 1:55 p.m.; 6:30 p.m. to 7:10 p.m.; and
8:30 p.m. to 9:15 p.m.
(2) The draw shall open on signal at
all times for the passage of U.S. Navy
submarines, Navy escort vessels and
commercial vessels. At all other times
the draw need not open for the passage
of vessel traffic.
Dated: November 12, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 06–9244 Filed 11–14–06; 12:50 pm]
BILLING CODE 4910–15–P
POSTAL RATE COMMISSION
39 CFR Part 3001
[Docket No. RM2006–1; Order No. 1481]
Rate and Classification Requests
Postal Rate Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is re-issuing
five sets of rules related to certain types
of Postal Service requests that are due
to expire, given sunset provisions. Reissuance entails eliminating sunset
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provisions in four sets. It also entails
limited revisions, such as shortening
and standardizing intervention periods,
revising the numbering of one set, and
minor editorial changes. Re-issuance
allows the Postal Service to have
continued flexibility, without
interruption, and will enhance
administrative efficiency.
DATES: These sets of rules are effective
November 16, 2006.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820.
SUPPLEMENTARY INFORMATION: Regulatory
History 71 FR 55136 (September 21,
2006).
54 FR 11394 (March 20, 1989).
54 FR 33681 (August 16, 1989).
60 FR 54981 (October 27, 1995).
61 FR 24447 (May 15, 1996).
66 FR 54436 (October 29, 2001).
In Order No. 1479, the Commission
proposed to amend its Rules of Practice
and Procedure, 39 CFR 3001.1 et seq.,
with respect to five sets of rules that are
subject to five-year sunset provisions,
each of which is scheduled to expire
November 28, 2006.1 Generally, these
rules provide for expedited
consideration of various Postal Service
requests for a recommended decision.
The five sets of rules include: 2
(1) 39 CFR 3001.57–60, market
response Express Mail rate requests;
(2) 39 CFR 3001.69–69c, minor
classification changes;
(3) 39 CFR 3001.161–166, market tests
of proposed classification changes;
(4) 39 CFR 3001.171–176, provisional
service changes of limited duration; and
(5) 39 CFR 3001.181–182, multi-year
test periods for proposed new services.
Exclusive of minor, non-substantive
editorial changes, the Commission
proposed to amend its rules in two
principal ways, while reserving
judgment on the rules concerning
market response Express Mail rates.
First, it proposed to re-issue rules 69–
69c, 161–166, 171–176, and 181–182,
amended to eliminate the sunset
provision.3 Second, the Commission
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1 PRC
Order No. 1479, Docket No. RM2006–1,
September 15, 2006.
2 The Rules of Practice and Procedure may be
accessed on the Commission’s Web site,
www.prc.gov, by clicking first on ‘‘Contents’’ and
then on ‘‘Commission Rules’’ which are found
under the heading ‘‘Table of Contents.’’
3 Under the proposal, the rules for minor
classification changes (§§ 3001.69–69c) are
renumbered as § 3001.69(a)–(f) to conform to Office
of the Federal Register style preference.
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proposed to standardize and shorten the
time period for interventions as of right
in proceedings involving minor
classification changes (rules 69–69c),
market tests (rules 161–166), and
provisional service changes (rules 171–
176). The Commission did not propose
to re-issue rules 57–60 (market response
Express Mail rates), but rather sought
comments on whether their re-issuance
would be in the public interest.
Interested persons were invited to
comment on the proposed rulemaking.
The Postal Service and the Office of the
Consumer Advocate (OCA) submitted
initial comments; 4 the Postal Service
also filed reply comments.5
I. Parties’ Comments
The sole controversy raised by the
comments is whether rules 57–60
should be re-issued or allowed to lapse.
The Postal Service argues for reissuance, while the OCA advocates
allowing these rules to lapse unless the
Postal Service justifies their retention
and indicates ‘‘a concrete intention to
use them in the future[.]’’ 6 Otherwise,
the commenters agree, for all intents
and purposes, that the proposed
amendments should be adopted.7
In Order No. 1479, the Commission
discussed the substance and history of
each of the rules. Among other things,
it noted that the market response
Express Mail rules, which were enacted
in 1989, had never been invoked by the
Postal Service. In light of this, the
Commission questioned whether these
rules had any continuing utility,
suggesting that ‘‘[a]bsent an affirmative
showing, there may be no compelling
reason to reissue these rules.’’ 8
The Postal Service urges the
Commission to re-issue rules 57–60 for
an additional five years.9 It contends
that, notwithstanding their lack of use,
these rules retain a continuing value
providing a ‘‘defined procedural
mechanism’’ to enable the Postal
Service to respond to changes in the
overnight delivery market more quickly
than may otherwise be possible. Id. at 4.
The Postal Service further asserts that
4 Initial Comments of the United States Postal
Service in Response to Order No. 1479, October 13,
2006, (Postal Service Initial Comments); Office of
the Consumer Advocate Comments in Response to
Order No. 1479, October 13, 2006 (OCA Comments).
5 Reply Comments of the United States Postal
Service, October 20, 2006 (Postal Service Reply
Comments).
6 OCA Comments at 1.
7 OCA does not take a position on the proposed
shortening of the intervention period because it is
not required to intervene in Commission
proceeding, but rather is appointed pursuant to 39
U.S.C. 3624(a). Id. at 2.
8 PRC Order No. 1479, supra, at 8.
9 Postal Service Initial Comments at 3.
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re-issuing the rules would not impose a
burden on the Commission or any
interested party. Id. at 5.
The OCA’s opposition to rules 57–60
is conditional.10 It would have them
lapse unless the Postal Service justifies
their retention and explicitly commits to
employ them in the future. Absent that,
OCA suggests that discontinuing the
rules may serve ‘‘administrative
efficiency.’’ Id. at 2.
In its reply, the Postal Service
comments on the OCA’s conditional
opposition. It asserts that its initial
comments provide explicit justification
supporting retention of rules 57–60.11
The Postal Service argues that OCA’s
second condition, that it commit to
using the rules, is impractical because,
by their nature, the rules are designed
to permit the Postal Service to respond
to market developments that it can
neither predict nor control. Id. at 3.
Finally, the Postal Service counters the
OCA’s suggestion that discontinuing the
rules may serve administrative
efficiency, arguing that retaining the
rules provides definitive procedures
governing limited Express Mail rate
requests which are preferable to ad hoc
determinations which would otherwise
be required to achieve expedition. Id. at
4–5.
II. Commission Analysis
The proposal to re-issue the rules
regarding minor classification changes
(redesignated as rule 69(a)–(f), market
tests (rules 161–166) provisional service
changes (rules 171–176), and multi-year
test periods (rules 181–182) on a
permanent basis, i.e., by eliminating the
sunset provisions, is unopposed. These
provisions, which provide procedural
options to facilitate expedited
consideration of certain Postal Service
requests, have proven to be useful.12
Accordingly, the Commission adopts
the proposal to re-issue these rules,
amended to eliminate the sunset
provisions.
Likewise the Commission’s proposal
to standardize and shorten the
intervention period as of right in
proceedings involving minor
classification changes, market tests, and
provisional service changes is
uncontroversial. Under the current
10 OCA
Comments at 1–2.
Service Reply Comments at 2–3.
12 See PRC Order No. 1479 at 3–6. Although the
Postal Service has yet to invoke rules 181–182, the
Commission finds that re-issuance, as amended, is
appropriate. The rules, which simply prescribe the
documentation necessary to support such a request,
provide a framework for considering potential new
services. Retention of these rules disadvantages no
potentially interested person, while affording the
Postal Service increased flexibility regarding new
services.
11 Postal
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rules, interventions are due 26 or 28
days after filing of the Postal Service’s
request.13 These provisions predate the
Commission’s adoption of electronic
filing requirements. As the Commission
noted, the proposed change should
present no hardship to any prospective
intervenor given the ready online
availability of the Postal Service’s
request, the Commission’s order
noticing the request, and the ease of
intervening electronically.14 The Postal
Service supports this proposal.15 No
party contests it. Accordingly, the
Commission adopts the proposal to
standardize and shorten the
intervention period in the relevant
proceedings.16
The Commission did not propose not
to re-issue rules 57–60. Instead, it
simply did not propose to re-issue those
rules, urging any party favoring them to
demonstrate that renewal is appropriate.
The Postal Service has made an
adequate showing to support re-issuing
the rules for another five-year period. In
addition, it satisfactorily addressed
OCA’s conditional opposition,
demonstrating the problematic nature of
requiring an explicit commitment to
employ the rules.17
Two additional factors influence the
Commission’s decision to re-issue these
rules for an additional five-year period.
First, the rules provide procedures
governing requests for an expedited
recommended decision on limited
13 See current rules 69b(e), 163(b), and 173(b); see
also proposed rules 69(e)(4), 163(e), and 173(e).
14 PRC Order No. 1479 at 8.
15 The Postal Service suggests that rules 163(d)
and 173(d) be revised to make them consistent with
revised rule 69b(d), redesignated as rule 69(e)(3),
which eliminated the requirement that the Postal
Service’s notice accompanying its request for a
minor classification change ‘‘identify the last day
for filing a notice of intervention with the
Commission.’’ Postal Service Initial Comments at 2–
3. The Postal Service’s suggestion is well-taken. The
failure to revise rules 163(d) and 173(d) to reflect
the proposal was an oversight. Under the proposal,
the Commission’s notice of proceeding will afford
all interested persons a minimum of 15 days after
the filing of the Postal Service’s request within
which to intervene. See attached rules 69(e)(4),
163(e), and 173(e). The current rules require the
Postal Service’s notice of its filing to identify the
last day for filing a notice of intervention with the
Commission. See current rules 69b(d), 163(d), and
173(d). This requirement is unnecessary under the
proposal. Accordingly, the Postal Service
suggestion will be adopted in the final rule.
Conforming changes will not be made to rules
59(c)(1) and (c)(3) at this time because rules 57–60
are substantively different from the rules applicable
to limited classification changes and would require
revisions to other rules as well.
16 See attached rules 69(e)(4), 163(e), and 173(e).
17 To avoid the possibility that the current rules
may lapse, the Commission finds it in the public
interest to issue this order as a final rule to become
effective upon publication in the Federal Register.
This approach also provides the Postal Service with
maximum operating flexibility under the
circumstances.
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Express Mail rate proposals. Interested
persons may intervene in any such
proceeding to protect their interests. As
with all proceedings before the
Commission, one initiated under these
rules would be decided on the merits.
Thus, no potentially interested person is
prejudiced by renewal of the rules.18
A second consideration is the notable
absence of any comments from private
carriers opposing re-issuance. This void
is not meant to suggest that such
comments would have been dispositive.
By the same token, the Commission is
reluctant to read too much into the lack
of opposition. Nonetheless, absent
indications to the contrary, it would
seem to imply that, at a minimum, the
rules contain adequate safeguards to
protect the interests of such prospective
parties.
Finally, as a cautionary observation,
the Commission notes that, although it
is, under the circumstances, re-issuing
these rules for an additional five-year
period, this result is not intended to
preclude a finding, based on the record
in a future proceeding, that these rules
have become obsolete.
In conclusion, pursuant to the
foregoing discussion, the Commission
hereby amends its Rules of Practice as
set forth below.
Ordering Paragraphs
It is ordered:
1. The Commission’s Rules of Practice
are amended as set forth below the
signature line of this order.
2. The attached rules are effective
upon publication in the Federal
Register.
3. The Secretary shall cause this order
to be published in the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
List of Subjects in 39 CFR Part 3001
Administrative practice and
procedure, Postal Service.
For the reasons discussed above, the
Commission amends 39 CFR part 3001
as follows:
I
PART 3001—RULES OF PRACTICE
AND PROCEDURE
1. The authority citation for part 3001
continues to read as follows:
I
Authority: 39 U.S.C. 404(b); 3603; 3622–
24; 3661, 3662, 3663.
18 The Postal Service may be alluding to this
point when it states that re-issuing these rules
imposes no burden on interested stakeholders.
Postal Service Reply Comments at 2–3; see also
Postal Service Initial Comments at 5.
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§ 3001.57(b)
66677
[Amended]
2. Revise § 3001.57(b) to read as
follows:
I
Subpart B—Rules Applicable to
Requests for Changes in Rates or Fees
§ 3001.57 Market response rate requests
for express mail service—purpose and
duration of rules.
*
*
*
*
*
(b) This section and §§ 3001.58
through 3001.60 remain in effect until
November 16, 2011.
I 3. Revise § 3001.69 to read as follows:
Subpart C—Rules Applicable to
Requests for Establishing or Changing
the Mail Classification Schedule
§ 3001.69
cases.
Expedited minor classification
(a) Applicability. This section applies
when the Postal Service requests a
recommended decision pursuant to
section 3623 and seeks expedited
review on the ground that the requested
change in mail classification is minor in
character. The requirements and
procedures specified in this section
apply exclusively to Commission
consideration of requested mail
classification changes which the Postal
Service denominates as, and the
Commission finds to be, minor in
character.
(b) Considerations. A requested
classification change may be considered
minor in character if it:
(1) Would not involve a change in any
existing rate or fee;
(2) Would not impose any restriction
in addition to pre-existing conditions of
eligibility for the entry of mail in an
existing subclass or category of service
or for an existing rate element or
worksharing discount; and
(3) Would not significantly increase or
decrease the estimated institutional cost
contribution of the affected subclass or
category of service.
(c) Filing of formal request and
prepared direct evidence. Whenever the
Postal Service determines to file a
request under this section, it shall file
a request for a change in mail
classification pursuant to § 3623 that
comports with the requirements of this
section and of Subpart C of the rules of
practice. Each such formal request shall
include the following information:
(1) A description of the proposed
classification change or changes,
including proposed changes in the text
of the Domestic Mail Classification
Schedule and any pertinent rate
schedules;
(2) A thorough explanation of the
grounds on which the Postal Service
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submits that the requested change in
mail classification is minor in character;
and
(3) An estimate, prepared in the
greatest level of detail practicable, of the
overall impact of the requested change
in mail classification on postal costs and
revenues, mail users and competitors of
the Postal Service.
(d) Data and information filing
requirements. Formal requests generally
require the submission of the data and
information specified in § 3001.64.
(1) If the Postal Service believes that
data required to be filed under § 3001.64
are unavailable, it shall explain their
unavailability as required by
§ 3001.64(a)(2)(i), (ii), and (iv).
(2) If the Postal Service believes that
data or other information required to be
filed under § 3001.64 should not be
required in light of the minor character
of the requested change in mail
classification, it shall move for a waiver
of that requirement. The motion shall
state with particularity the reasons why
the character of the request and its
circumstances justify a waiver of the
requirement.
(3) A satisfactory explanation of the
unavailability of information required
under § 3001.64 or of why it should not
be required to support a particular
request will constitute grounds for
excluding from the proceeding a
contention that the absence of the
information should form a basis for
rejection of the request, unless the party
desiring to make such a contention:
(i) Demonstrates that, considering all
the facts and circumstances of the case,
it was clearly unreasonable for the
Postal Service to propose the change in
question without having first secured
the information and submitted it in
accordance with § 3001.64; or
(ii) Demonstrates other compelling
and exceptional circumstances requiring
that the absence of the information in
question be treated as bearing on the
merits of the proposal.
(e) Expedited procedural schedule.
The Commission will treat requests
under this section as subject to the
maximum expedition consistent with
procedural fairness.
(1) Persons who are interested in
participating in proceedings initiated
under this section may intervene
pursuant to Subpart A of the rules of
practice. Parties may withdraw from a
proceeding by filing a notice with the
Secretary of the Commission.
(2) When the Postal Service files a
request under this section, it shall
comply with the Filing Online
procedures of §§ 3001.9 through
3001.12.
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(3) When the Postal Service files a
request under this section, it shall on
that same day file a notice that briefly
describes its proposal. This notice shall
indicate on its first page that it is a
notice of a request for a minor change
in mail classification to be considered
under this section.
(4) Within 5 days after receipt of a
Postal Service request invoking
§ 3001.69, the Commission shall issue a
notice of proceeding and provide for
intervention by interested persons
pursuant to Subpart A of the rules of
practice. The notice of proceeding shall
state that the Postal Service has
denominated the mail classification
change as a minor change, and has
requested expedited consideration
pursuant to § 3001.69. The notice shall
further state the grounds on which the
Postal Service submits that the
requested change in mail classification
is minor in character and shall afford all
interested persons a minimum of 15
days after filing of the Postal Service’s
request within which to intervene,
submit responses to the Postal Service’s
request for consideration of its proposed
mail classification change under
§ 3001.69, and request a hearing.
(5) Within 28 days after publication of
the notice of proceeding pursuant to
paragraph (e)(4) of this section, the
Commission shall decide whether to
consider the request under this section
and shall issue an order incorporating
that ruling. The Commission shall order
a request to be considered under this
section if it finds:
(i) The requested classification change
is minor in character; and
(ii) The effects of the requested
change are likely to be appropriately
limited in scope and overall impact.
(6) If the Commission determines that
a Postal Service request is appropriate
for consideration under this section,
those respondents who request a
hearing shall be directed to state with
specificity within 14 days after
publication of that determination the
issues of material fact that require a
hearing for resolution. Respondents
shall also identify the fact or facts set
forth in the Postal Service’s filing that
the party disputes, and when possible,
what the party believes to be the fact or
facts and the evidence it intends to
provide in support of its position.
(7) The Commission will hold
hearings on a Postal Service request
considered under this section when it
determines that there are genuine issues
of material fact to be resolved and that
a hearing is needed to resolve those
issues. Hearings on a Postal Service
request will commence within 21 days
after issuance of the Commission
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determination pursuant to paragraph
(e)(5) of this section. Testimony
responsive to the Postal Service’s
request will be due 14 days after the
conclusion of hearings on the Postal
Service request.
(8) If the Commission determines that
a request of the Postal Service is not
appropriate for consideration under this
section, the request will be considered
in accordance with appropriate
provisions of the Commission’s rules.
(f) Time limits. The schedule
involving a request under this section
will allow for issuance of a
recommended decision:
(1) Not more than 90 days after the
filing of a Postal Service request if no
hearing is held; and
(2) Not more than 120 days after the
filing of a request if a hearing is
scheduled.
§ 3001.69a
I
§ 3001.69b
I
[Removed]
5. Remove § 3001.69b.
§ 3001.69c
I
[Removed]
4. Remove § 3001.69a.
[Removed]
6. Remove § 3001.69c.
§ 3001.161
[Amended]
7. In § 3001.161, remove paragraph (b)
and remove the designation of
paragraph (a).
I
§ 3001.163
[Amended]
8. In § 3001.163, revise paragraphs (b),
(d), and (e) to read as follows:
I
§ 3001.163 Procedures—expedition of
public notice and procedural schedule.
*
*
*
*
*
(b) Persons who are interested in
participating in proceedings to consider
Postal Service requests to conduct a
market test may intervene pursuant to
Subpart A of the rules of practice.
Parties may withdraw from a particular
case by filing a notice with the Secretary
of the Commission.
*
*
*
*
*
(d) When the Postal Service files a
request under the provisions of this
subpart, it shall on that same day file a
notice that briefly describes its proposal.
This notice shall indicate on its first
page that it is a notice of a Market Test
Request to be considered under
§§ 3001.161 through 3001.166.
(e) Within 5 days after receipt of a
Postal Service request under the
provisions of this subpart, the
Commission shall issue a notice of
proceeding and provide interested
persons a minimum of 15 days after
filing of the Postal Service request
within which to intervene. In the event
E:\FR\FM\16NOR1.SGM
16NOR1
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
that a party wishes to dispute a genuine
issue of material fact to be resolved in
the consideration of the Postal Service’s
request, that party shall file with the
Commission a request for a hearing
within the time allowed in the notice of
proceeding. The request for a hearing
shall state with specificity the fact or
facts set forth in the Postal Service’s
filing that the party disputes, and when
possible, what the party believes to be
the fact or facts and the evidence it
intends to provide in support of its
position. The Commission will hold
hearings on a Postal Service request
made pursuant to this subpart when it
determines that there is a genuine issue
of material fact to be resolved, and that
a hearing is needed to resolve that issue.
§ 3001.171
[Amended]
9. In § 3001.171, remove paragraph (b)
and remove the designation for
paragraph (a).
I
§ 3001.173
[Amended]
10. In § 3001.173, revise paragraphs
(b), (d), and (e) to read as follows:
I
the fact or facts and the evidence it
intends to provide in support of its
position. The Commission will hold
hearings on a Postal Service request
made pursuant to this subpart when it
determines that there is a genuine issue
of material fact to be resolved, and that
a hearing is needed to resolve that issue.
I 11. Revise § 3001.174 to read as
follows:
§ 3001.174
Rule for decision.
The Commission will issue a decision
on the Postal Service’s proposed
provisional service in accordance with
the policies of the Postal Reorganization
Act, but will not recommend
modification of any feature of the
proposed service which the Postal
Service has identified in accordance
with § 3001.172(a)(3). The purpose of
this subpart is to allow for consideration
of proposed provisional services within
90 days, consistent with the procedural
due process rights of interested persons.
§ 3001.181
[Amended]
12. In § 3001.181, remove paragraph
(b), remove the designation of paragraph
(a).
*
rmajette on PROD1PC67 with RULES1
§ 3001.173 Procedures—expedition of
public notice and procedural schedule.
[FR Doc. E6–19289 Filed 11–15–06; 8:45 am]
I
*
*
*
*
(b) Persons who are interested in
participating in a proceeding to consider
Postal Service requests to establish a
provisional service may intervene
pursuant to Subpart A of the rules of
practice. Parties may withdraw from a
proceeding by filing a notice with the
Secretary of the Commission.
*
*
*
*
*
(d) When the Postal Service files a
request under the provisions of this
subpart, it shall on that same day file a
notice that briefly describes its proposal.
Such notice shall indicate on its first
page that it is a notice of a Request for
Establishment of a Provisional Service
to be considered under §§ 3001.171
through 3001.176.
(e) Within 5 days after receipt of a
Postal Service request under the
provisions of this subpart, the
Commission shall issue a notice of
proceeding and provide interested
persons a minimum of 15 days after
filing of the Postal Service request
within which to intervene. In the event
that a party wishes to dispute a genuine
issue of material fact to be resolved in
the consideration of the Postal Service’s
request, that party shall file with the
Commission a request for a hearing
within the time allowed in the notice of
proceeding. The request for a hearing
shall state with specificity the fact or
facts set forth in the Postal Service’s
filing that the party disputes, and when
possible, what the party believes to be
VerDate Aug<31>2005
15:50 Nov 15, 2006
Jkt 211001
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0059; FRL–8242–4]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
State Implementation Plan Revision for
Burlington Industries, Clarksville, VA
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision consists of the
removal of a Consent Agreement
(Agreement) currently in the SIP for the
control of sulfur dioxide emissions from
Burlington Industries located in
Clarksville, Virginia. This Agreement
has been superseded by a federally
enforceable state operating permit that
imposes operating restrictions on the
facility’s boilers and the shutdown of
the remainder of the facility. This action
is being taken under the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is
effective on December 18, 2006.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
66679
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2006–0059. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
On July 11, 2006 (71 FR 39330), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of the removal of an
Agreement from the Virginia SIP. The
Agreement was written for the control of
emissions of sulfur dioxide from the
Burlington Industries facility located in
Clarksville, Mecklenburg County,
Virginia. This Agreement has been
superseded by a federally enforceable
state operating permit dated May 17,
2004, which imposes operating
restrictions on the facility’s boilers and
the subsequent shutdown of the
remainder of the facility. The formal SIP
revision was submitted by Virginia on
July 12, 2004.
Other specific requirements of the SIP
revision for Burlington Industries,
Clarksville, Virginia and the rationale
for EPA’s proposed action are explained
in the NPR and will not be restated here.
No public comments were received on
the NPR.
II. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
E:\FR\FM\16NOR1.SGM
16NOR1
]]>Agencies
[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66675-66679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19289]
=======================================================================
-----------------------------------------------------------------------
POSTAL RATE COMMISSION
39 CFR Part 3001
[Docket No. RM2006-1; Order No. 1481]
Rate and Classification Requests
AGENCY: Postal Rate Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is re-issuing five sets of rules related to
certain types of Postal Service requests that are due to expire, given
sunset provisions. Re-issuance entails eliminating sunset
[[Page 66676]]
provisions in four sets. It also entails limited revisions, such as
shortening and standardizing intervention periods, revising the
numbering of one set, and minor editorial changes. Re-issuance allows
the Postal Service to have continued flexibility, without interruption,
and will enhance administrative efficiency.
DATES: These sets of rules are effective November 16, 2006.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820.
SUPPLEMENTARY INFORMATION: Regulatory History 71 FR 55136 (September
21, 2006).
54 FR 11394 (March 20, 1989).
54 FR 33681 (August 16, 1989).
60 FR 54981 (October 27, 1995).
61 FR 24447 (May 15, 1996).
66 FR 54436 (October 29, 2001).
In Order No. 1479, the Commission proposed to amend its Rules of
Practice and Procedure, 39 CFR 3001.1 et seq., with respect to five
sets of rules that are subject to five-year sunset provisions, each of
which is scheduled to expire November 28, 2006.\1\ Generally, these
rules provide for expedited consideration of various Postal Service
requests for a recommended decision. The five sets of rules include:
\2\
---------------------------------------------------------------------------
\1\ PRC Order No. 1479, Docket No. RM2006-1, September 15, 2006.
\2\ The Rules of Practice and Procedure may be accessed on the
Commission's Web site, www.prc.gov, by clicking first on
``Contents'' and then on ``Commission Rules'' which are found under
the heading ``Table of Contents.''
---------------------------------------------------------------------------
(1) 39 CFR 3001.57-60, market response Express Mail rate requests;
(2) 39 CFR 3001.69-69c, minor classification changes;
(3) 39 CFR 3001.161-166, market tests of proposed classification
changes;
(4) 39 CFR 3001.171-176, provisional service changes of limited
duration; and
(5) 39 CFR 3001.181-182, multi-year test periods for proposed new
services.
Exclusive of minor, non-substantive editorial changes, the
Commission proposed to amend its rules in two principal ways, while
reserving judgment on the rules concerning market response Express Mail
rates. First, it proposed to re-issue rules 69-69c, 161-166, 171-176,
and 181-182, amended to eliminate the sunset provision.\3\ Second, the
Commission proposed to standardize and shorten the time period for
interventions as of right in proceedings involving minor classification
changes (rules 69-69c), market tests (rules 161-166), and provisional
service changes (rules 171-176). The Commission did not propose to re-
issue rules 57-60 (market response Express Mail rates), but rather
sought comments on whether their re-issuance would be in the public
interest.
---------------------------------------------------------------------------
\3\ Under the proposal, the rules for minor classification
changes (Sec. Sec. 3001.69-69c) are renumbered as Sec. 3001.69(a)-
(f) to conform to Office of the Federal Register style preference.
---------------------------------------------------------------------------
Interested persons were invited to comment on the proposed
rulemaking. The Postal Service and the Office of the Consumer Advocate
(OCA) submitted initial comments; \4\ the Postal Service also filed
reply comments.\5\
---------------------------------------------------------------------------
\4\ Initial Comments of the United States Postal Service in
Response to Order No. 1479, October 13, 2006, (Postal Service
Initial Comments); Office of the Consumer Advocate Comments in
Response to Order No. 1479, October 13, 2006 (OCA Comments).
\5\ Reply Comments of the United States Postal Service, October
20, 2006 (Postal Service Reply Comments).
---------------------------------------------------------------------------
I. Parties' Comments
The sole controversy raised by the comments is whether rules 57-60
should be re-issued or allowed to lapse. The Postal Service argues for
re-issuance, while the OCA advocates allowing these rules to lapse
unless the Postal Service justifies their retention and indicates ``a
concrete intention to use them in the future[.]'' \6\ Otherwise, the
commenters agree, for all intents and purposes, that the proposed
amendments should be adopted.\7\
---------------------------------------------------------------------------
\6\ OCA Comments at 1.
\7\ OCA does not take a position on the proposed shortening of
the intervention period because it is not required to intervene in
Commission proceeding, but rather is appointed pursuant to 39 U.S.C.
3624(a). Id. at 2.
---------------------------------------------------------------------------
In Order No. 1479, the Commission discussed the substance and
history of each of the rules. Among other things, it noted that the
market response Express Mail rules, which were enacted in 1989, had
never been invoked by the Postal Service. In light of this, the
Commission questioned whether these rules had any continuing utility,
suggesting that ``[a]bsent an affirmative showing, there may be no
compelling reason to reissue these rules.'' \8\
---------------------------------------------------------------------------
\8\ PRC Order No. 1479, supra, at 8.
---------------------------------------------------------------------------
The Postal Service urges the Commission to re-issue rules 57-60 for
an additional five years.\9\ It contends that, notwithstanding their
lack of use, these rules retain a continuing value providing a
``defined procedural mechanism'' to enable the Postal Service to
respond to changes in the overnight delivery market more quickly than
may otherwise be possible. Id. at 4. The Postal Service further asserts
that re-issuing the rules would not impose a burden on the Commission
or any interested party. Id. at 5.
---------------------------------------------------------------------------
\9\ Postal Service Initial Comments at 3.
---------------------------------------------------------------------------
The OCA's opposition to rules 57-60 is conditional.\10\ It would
have them lapse unless the Postal Service justifies their retention and
explicitly commits to employ them in the future. Absent that, OCA
suggests that discontinuing the rules may serve ``administrative
efficiency.'' Id. at 2.
---------------------------------------------------------------------------
\10\ OCA Comments at 1-2.
---------------------------------------------------------------------------
In its reply, the Postal Service comments on the OCA's conditional
opposition. It asserts that its initial comments provide explicit
justification supporting retention of rules 57-60.\11\ The Postal
Service argues that OCA's second condition, that it commit to using the
rules, is impractical because, by their nature, the rules are designed
to permit the Postal Service to respond to market developments that it
can neither predict nor control. Id. at 3. Finally, the Postal Service
counters the OCA's suggestion that discontinuing the rules may serve
administrative efficiency, arguing that retaining the rules provides
definitive procedures governing limited Express Mail rate requests
which are preferable to ad hoc determinations which would otherwise be
required to achieve expedition. Id. at 4-5.
---------------------------------------------------------------------------
\11\ Postal Service Reply Comments at 2-3.
---------------------------------------------------------------------------
II. Commission Analysis
The proposal to re-issue the rules regarding minor classification
changes (redesignated as rule 69(a)-(f), market tests (rules 161-166)
provisional service changes (rules 171-176), and multi-year test
periods (rules 181-182) on a permanent basis, i.e., by eliminating the
sunset provisions, is unopposed. These provisions, which provide
procedural options to facilitate expedited consideration of certain
Postal Service requests, have proven to be useful.\12\ Accordingly, the
Commission adopts the proposal to re-issue these rules, amended to
eliminate the sunset provisions.
---------------------------------------------------------------------------
\12\ See PRC Order No. 1479 at 3-6. Although the Postal Service
has yet to invoke rules 181-182, the Commission finds that re-
issuance, as amended, is appropriate. The rules, which simply
prescribe the documentation necessary to support such a request,
provide a framework for considering potential new services.
Retention of these rules disadvantages no potentially interested
person, while affording the Postal Service increased flexibility
regarding new services.
---------------------------------------------------------------------------
Likewise the Commission's proposal to standardize and shorten the
intervention period as of right in proceedings involving minor
classification changes, market tests, and provisional service changes
is uncontroversial. Under the current
[[Page 66677]]
rules, interventions are due 26 or 28 days after filing of the Postal
Service's request.\13\ These provisions predate the Commission's
adoption of electronic filing requirements. As the Commission noted,
the proposed change should present no hardship to any prospective
intervenor given the ready online availability of the Postal Service's
request, the Commission's order noticing the request, and the ease of
intervening electronically.\14\ The Postal Service supports this
proposal.\15\ No party contests it. Accordingly, the Commission adopts
the proposal to standardize and shorten the intervention period in the
relevant proceedings.\16\
---------------------------------------------------------------------------
\13\ See current rules 69b(e), 163(b), and 173(b); see also
proposed rules 69(e)(4), 163(e), and 173(e).
\14\ PRC Order No. 1479 at 8.
\15\ The Postal Service suggests that rules 163(d) and 173(d) be
revised to make them consistent with revised rule 69b(d),
redesignated as rule 69(e)(3), which eliminated the requirement that
the Postal Service's notice accompanying its request for a minor
classification change ``identify the last day for filing a notice of
intervention with the Commission.'' Postal Service Initial Comments
at 2-3. The Postal Service's suggestion is well-taken. The failure
to revise rules 163(d) and 173(d) to reflect the proposal was an
oversight. Under the proposal, the Commission's notice of proceeding
will afford all interested persons a minimum of 15 days after the
filing of the Postal Service's request within which to intervene.
See attached rules 69(e)(4), 163(e), and 173(e). The current rules
require the Postal Service's notice of its filing to identify the
last day for filing a notice of intervention with the Commission.
See current rules 69b(d), 163(d), and 173(d). This requirement is
unnecessary under the proposal. Accordingly, the Postal Service
suggestion will be adopted in the final rule. Conforming changes
will not be made to rules 59(c)(1) and (c)(3) at this time because
rules 57-60 are substantively different from the rules applicable to
limited classification changes and would require revisions to other
rules as well.
\16\ See attached rules 69(e)(4), 163(e), and 173(e).
---------------------------------------------------------------------------
The Commission did not propose not to re-issue rules 57-60.
Instead, it simply did not propose to re-issue those rules, urging any
party favoring them to demonstrate that renewal is appropriate. The
Postal Service has made an adequate showing to support re-issuing the
rules for another five-year period. In addition, it satisfactorily
addressed OCA's conditional opposition, demonstrating the problematic
nature of requiring an explicit commitment to employ the rules.\17\
---------------------------------------------------------------------------
\17\ To avoid the possibility that the current rules may lapse,
the Commission finds it in the public interest to issue this order
as a final rule to become effective upon publication in the Federal
Register. This approach also provides the Postal Service with
maximum operating flexibility under the circumstances.
---------------------------------------------------------------------------
Two additional factors influence the Commission's decision to re-
issue these rules for an additional five-year period. First, the rules
provide procedures governing requests for an expedited recommended
decision on limited Express Mail rate proposals. Interested persons may
intervene in any such proceeding to protect their interests. As with
all proceedings before the Commission, one initiated under these rules
would be decided on the merits. Thus, no potentially interested person
is prejudiced by renewal of the rules.\18\
---------------------------------------------------------------------------
\18\ The Postal Service may be alluding to this point when it
states that re-issuing these rules imposes no burden on interested
stakeholders. Postal Service Reply Comments at 2-3; see also Postal
Service Initial Comments at 5.
---------------------------------------------------------------------------
A second consideration is the notable absence of any comments from
private carriers opposing re-issuance. This void is not meant to
suggest that such comments would have been dispositive. By the same
token, the Commission is reluctant to read too much into the lack of
opposition. Nonetheless, absent indications to the contrary, it would
seem to imply that, at a minimum, the rules contain adequate safeguards
to protect the interests of such prospective parties.
Finally, as a cautionary observation, the Commission notes that,
although it is, under the circumstances, re-issuing these rules for an
additional five-year period, this result is not intended to preclude a
finding, based on the record in a future proceeding, that these rules
have become obsolete.
In conclusion, pursuant to the foregoing discussion, the Commission
hereby amends its Rules of Practice as set forth below.
Ordering Paragraphs
It is ordered:
1. The Commission's Rules of Practice are amended as set forth
below the signature line of this order.
2. The attached rules are effective upon publication in the Federal
Register.
3. The Secretary shall cause this order to be published in the
Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
List of Subjects in 39 CFR Part 3001
Administrative practice and procedure, Postal Service.
0
For the reasons discussed above, the Commission amends 39 CFR part 3001
as follows:
PART 3001--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 3001 continues to read as follows:
Authority: 39 U.S.C. 404(b); 3603; 3622-24; 3661, 3662, 3663.
Sec. 3001.57(b) [Amended]
0
2. Revise Sec. 3001.57(b) to read as follows:
Subpart B--Rules Applicable to Requests for Changes in Rates or
Fees
Sec. 3001.57 Market response rate requests for express mail service--
purpose and duration of rules.
* * * * *
(b) This section and Sec. Sec. 3001.58 through 3001.60 remain in
effect until November 16, 2011.
0
3. Revise Sec. 3001.69 to read as follows:
Subpart C--Rules Applicable to Requests for Establishing or
Changing the Mail Classification Schedule
Sec. 3001.69 Expedited minor classification cases.
(a) Applicability. This section applies when the Postal Service
requests a recommended decision pursuant to section 3623 and seeks
expedited review on the ground that the requested change in mail
classification is minor in character. The requirements and procedures
specified in this section apply exclusively to Commission consideration
of requested mail classification changes which the Postal Service
denominates as, and the Commission finds to be, minor in character.
(b) Considerations. A requested classification change may be
considered minor in character if it:
(1) Would not involve a change in any existing rate or fee;
(2) Would not impose any restriction in addition to pre-existing
conditions of eligibility for the entry of mail in an existing subclass
or category of service or for an existing rate element or worksharing
discount; and
(3) Would not significantly increase or decrease the estimated
institutional cost contribution of the affected subclass or category of
service.
(c) Filing of formal request and prepared direct evidence. Whenever
the Postal Service determines to file a request under this section, it
shall file a request for a change in mail classification pursuant to
Sec. 3623 that comports with the requirements of this section and of
Subpart C of the rules of practice. Each such formal request shall
include the following information:
(1) A description of the proposed classification change or changes,
including proposed changes in the text of the Domestic Mail
Classification Schedule and any pertinent rate schedules;
(2) A thorough explanation of the grounds on which the Postal
Service
[[Page 66678]]
submits that the requested change in mail classification is minor in
character; and
(3) An estimate, prepared in the greatest level of detail
practicable, of the overall impact of the requested change in mail
classification on postal costs and revenues, mail users and competitors
of the Postal Service.
(d) Data and information filing requirements. Formal requests
generally require the submission of the data and information specified
in Sec. 3001.64.
(1) If the Postal Service believes that data required to be filed
under Sec. 3001.64 are unavailable, it shall explain their
unavailability as required by Sec. 3001.64(a)(2)(i), (ii), and (iv).
(2) If the Postal Service believes that data or other information
required to be filed under Sec. 3001.64 should not be required in
light of the minor character of the requested change in mail
classification, it shall move for a waiver of that requirement. The
motion shall state with particularity the reasons why the character of
the request and its circumstances justify a waiver of the requirement.
(3) A satisfactory explanation of the unavailability of information
required under Sec. 3001.64 or of why it should not be required to
support a particular request will constitute grounds for excluding from
the proceeding a contention that the absence of the information should
form a basis for rejection of the request, unless the party desiring to
make such a contention:
(i) Demonstrates that, considering all the facts and circumstances
of the case, it was clearly unreasonable for the Postal Service to
propose the change in question without having first secured the
information and submitted it in accordance with Sec. 3001.64; or
(ii) Demonstrates other compelling and exceptional circumstances
requiring that the absence of the information in question be treated as
bearing on the merits of the proposal.
(e) Expedited procedural schedule. The Commission will treat
requests under this section as subject to the maximum expedition
consistent with procedural fairness.
(1) Persons who are interested in participating in proceedings
initiated under this section may intervene pursuant to Subpart A of the
rules of practice. Parties may withdraw from a proceeding by filing a
notice with the Secretary of the Commission.
(2) When the Postal Service files a request under this section, it
shall comply with the Filing Online procedures of Sec. Sec. 3001.9
through 3001.12.
(3) When the Postal Service files a request under this section, it
shall on that same day file a notice that briefly describes its
proposal. This notice shall indicate on its first page that it is a
notice of a request for a minor change in mail classification to be
considered under this section.
(4) Within 5 days after receipt of a Postal Service request
invoking Sec. 3001.69, the Commission shall issue a notice of
proceeding and provide for intervention by interested persons pursuant
to Subpart A of the rules of practice. The notice of proceeding shall
state that the Postal Service has denominated the mail classification
change as a minor change, and has requested expedited consideration
pursuant to Sec. 3001.69. The notice shall further state the grounds
on which the Postal Service submits that the requested change in mail
classification is minor in character and shall afford all interested
persons a minimum of 15 days after filing of the Postal Service's
request within which to intervene, submit responses to the Postal
Service's request for consideration of its proposed mail classification
change under Sec. 3001.69, and request a hearing.
(5) Within 28 days after publication of the notice of proceeding
pursuant to paragraph (e)(4) of this section, the Commission shall
decide whether to consider the request under this section and shall
issue an order incorporating that ruling. The Commission shall order a
request to be considered under this section if it finds:
(i) The requested classification change is minor in character; and
(ii) The effects of the requested change are likely to be
appropriately limited in scope and overall impact.
(6) If the Commission determines that a Postal Service request is
appropriate for consideration under this section, those respondents who
request a hearing shall be directed to state with specificity within 14
days after publication of that determination the issues of material
fact that require a hearing for resolution. Respondents shall also
identify the fact or facts set forth in the Postal Service's filing
that the party disputes, and when possible, what the party believes to
be the fact or facts and the evidence it intends to provide in support
of its position.
(7) The Commission will hold hearings on a Postal Service request
considered under this section when it determines that there are genuine
issues of material fact to be resolved and that a hearing is needed to
resolve those issues. Hearings on a Postal Service request will
commence within 21 days after issuance of the Commission determination
pursuant to paragraph (e)(5) of this section. Testimony responsive to
the Postal Service's request will be due 14 days after the conclusion
of hearings on the Postal Service request.
(8) If the Commission determines that a request of the Postal
Service is not appropriate for consideration under this section, the
request will be considered in accordance with appropriate provisions of
the Commission's rules.
(f) Time limits. The schedule involving a request under this
section will allow for issuance of a recommended decision:
(1) Not more than 90 days after the filing of a Postal Service
request if no hearing is held; and
(2) Not more than 120 days after the filing of a request if a
hearing is scheduled.
Sec. 3001.69a [Removed]
0
4. Remove Sec. 3001.69a.
Sec. 3001.69b [Removed]
0
5. Remove Sec. 3001.69b.
Sec. 3001.69c [Removed]
0
6. Remove Sec. 3001.69c.
Sec. 3001.161 [Amended]
0
7. In Sec. 3001.161, remove paragraph (b) and remove the designation
of paragraph (a).
Sec. 3001.163 [Amended]
0
8. In Sec. 3001.163, revise paragraphs (b), (d), and (e) to read as
follows:
Sec. 3001.163 Procedures--expedition of public notice and procedural
schedule.
* * * * *
(b) Persons who are interested in participating in proceedings to
consider Postal Service requests to conduct a market test may intervene
pursuant to Subpart A of the rules of practice. Parties may withdraw
from a particular case by filing a notice with the Secretary of the
Commission.
* * * * *
(d) When the Postal Service files a request under the provisions of
this subpart, it shall on that same day file a notice that briefly
describes its proposal. This notice shall indicate on its first page
that it is a notice of a Market Test Request to be considered under
Sec. Sec. 3001.161 through 3001.166.
(e) Within 5 days after receipt of a Postal Service request under
the provisions of this subpart, the Commission shall issue a notice of
proceeding and provide interested persons a minimum of 15 days after
filing of the Postal Service request within which to intervene. In the
event
[[Page 66679]]
that a party wishes to dispute a genuine issue of material fact to be
resolved in the consideration of the Postal Service's request, that
party shall file with the Commission a request for a hearing within the
time allowed in the notice of proceeding. The request for a hearing
shall state with specificity the fact or facts set forth in the Postal
Service's filing that the party disputes, and when possible, what the
party believes to be the fact or facts and the evidence it intends to
provide in support of its position. The Commission will hold hearings
on a Postal Service request made pursuant to this subpart when it
determines that there is a genuine issue of material fact to be
resolved, and that a hearing is needed to resolve that issue.
Sec. 3001.171 [Amended]
0
9. In Sec. 3001.171, remove paragraph (b) and remove the designation
for paragraph (a).
Sec. 3001.173 [Amended]
0
10. In Sec. 3001.173, revise paragraphs (b), (d), and (e) to read as
follows:
Sec. 3001.173 Procedures--expedition of public notice and procedural
schedule.
* * * * *
(b) Persons who are interested in participating in a proceeding to
consider Postal Service requests to establish a provisional service may
intervene pursuant to Subpart A of the rules of practice. Parties may
withdraw from a proceeding by filing a notice with the Secretary of the
Commission.
* * * * *
(d) When the Postal Service files a request under the provisions of
this subpart, it shall on that same day file a notice that briefly
describes its proposal. Such notice shall indicate on its first page
that it is a notice of a Request for Establishment of a Provisional
Service to be considered under Sec. Sec. 3001.171 through 3001.176.
(e) Within 5 days after receipt of a Postal Service request under
the provisions of this subpart, the Commission shall issue a notice of
proceeding and provide interested persons a minimum of 15 days after
filing of the Postal Service request within which to intervene. In the
event that a party wishes to dispute a genuine issue of material fact
to be resolved in the consideration of the Postal Service's request,
that party shall file with the Commission a request for a hearing
within the time allowed in the notice of proceeding. The request for a
hearing shall state with specificity the fact or facts set forth in the
Postal Service's filing that the party disputes, and when possible,
what the party believes to be the fact or facts and the evidence it
intends to provide in support of its position. The Commission will hold
hearings on a Postal Service request made pursuant to this subpart when
it determines that there is a genuine issue of material fact to be
resolved, and that a hearing is needed to resolve that issue.
0
11. Revise Sec. 3001.174 to read as follows:
Sec. 3001.174 Rule for decision.
The Commission will issue a decision on the Postal Service's
proposed provisional service in accordance with the policies of the
Postal Reorganization Act, but will not recommend modification of any
feature of the proposed service which the Postal Service has identified
in accordance with Sec. 3001.172(a)(3). The purpose of this subpart is
to allow for consideration of proposed provisional services within 90
days, consistent with the procedural due process rights of interested
persons.
Sec. 3001.181 [Amended]
0
12. In Sec. 3001.181, remove paragraph (b), remove the designation of
paragraph (a).
[FR Doc. E6-19289 Filed 11-15-06; 8:45 am]
BILLING CODE 7710-FW-P
