Updates to Rules of Practice, 23113-23115 [E9-11533]
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations
Dated: May 1, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port, Sector San Francisco.
[FR Doc. E9–11558 Filed 5–15–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG 2009–0327]
Safety Zone; Vallejo Fourth of July
Fireworks, Vallejo, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard will enforce
the Vallejo Fourth of July Fireworks
Display safety zone for the city of
Vallejo, from 8 p.m. through 10 p.m. on
July 4, 2009, in the Mare Island Straight
in position 38°5′46″ N, 122°15′54″ W
(NAD83). This action is necessary to
control vessel traffic and to ensure the
safety of event participants and
spectators. During the enforcement
period, unauthorized persons or vessels
are prohibited from entering into,
transiting through, or anchoring in the
safety zone, unless authorized by the
Patrol Commander (PATCOM).
DATES: The regulations in 33 CFR
165.1191 will be enforced from 8 p.m.
through 10 p.m. on July 4, 2009.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail Lieutenant Junior Grade
Simone Mausz, Sector San Francisco
Waterways Safety Division, U.S. Coast
Guard; telephone 415–399–7442, e-mail
simone.mausz@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone for
the annual Vallejo Fourth of July
Fireworks in 33 CFR 165.1191 on July
4, 2009, from 8 p.m. through 10 p.m.
The fireworks launch site is on the
shore line of Mare Island in Vallejo, CA
and will be launched from position
38°5′46″ N, 122°15′54″ W (NAD83).
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order of direction. The
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PATCOM is empowered to forbid and
control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of this enforcement
period via the Local Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: May 1, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port, Sector San Francisco.
[FR Doc. E9–11561 Filed 5–15–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3001
[Docket No. RM2009–4; Order No. 214]
Updates to Rules of Practice
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is removing
obsolete rules of practice from the Code
of Federal Regulations. The removed
rules have been overtaken by
rulemakings implementing a new postal
law.
DATES: Effective May 18, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–7689–6824 and
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends part 3001 of
the Postal Regulatory Commission’s
rules of practice and procedure, 39 CFR
part 3001, by removing subparts B, C, F,
G, I, J, K, and L. As explained below,
these rules have been rendered obsolete
by the passage of the Postal
Accountability and Enhancement Act
(PAEA), Public Law No. 109–435, 120
Stat. 3218 (2006).
The PAEA transformed the Postal
Rate Commission into the Postal
Regulatory Commission (Commission);
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23113
repealed several key sections of title 39
of the United States Code; and added a
number of new statutory provisions to
title 39. The result was a major change
in the Commission’s regulatory
responsibilities and authorities. In
response to the changes made by the
PAEA, the Commission, on October 29,
2007, established a new system of
ratemaking which was markedly
different from the prior regulatory
regime. Docket No. RM2007–1, Order
Establishing Ratemaking Regulations for
Market Dominant and Competitive
Products, October 29, 2009 (Order No.
43).
Because of changes made by the
PAEA and Order No. 43, subparts B, C,
F, G, I, J, K, and L of part 3001 of the
Commission’s rules of practice are
obsolete and are being removed to avoid
uncertainty and confusion.
II. Discussion
A. 39 CFR Part 3001, Subpart B—Rules
Applicable to Requests for Changes in
Rates or Fees
Part 3001, subpart B, was adopted in
1971 and covered requests by the Postal
Service for the issuance of
recommended decisions by the Postal
Rate Commission on proposed changes
in rates and fees. 36 FR 396 (January 12,
1971). Subpart B implemented section
3622 of the Postal Reorganization Act
(PRA). Section 201(a) of the PAEA
struck PRA §§ 3621 and 3622 from title
39 of the United States Code and
replaced those two sections with the
following new sections: §§ 3621 and
3622 (applicable to market dominant
products) and §§ 3631 through 3634
(applicable to competitive products).
To implement these statutory
changes, the Commission, in Order No.
43, promulgated new regulations as
parts 3010 and 3015. Those latter parts
now govern rate changes for market
dominant and competitive products,
respectively.
The repeal of 39 U.S.C. 3621 and
3622; the addition of new §§ 3621, 3622,
and 3631 through 3634 to title 39; and
the adoption of parts 3010 and 3015 to
the Commission’s rules of practice and
procedure have, together, rendered
subpart B of part 3001 obsolete.
Accordingly, the Commission is
removing subpart B.
E:\FR\FM\18MYR1.SGM
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23114
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations
B. 39 CFR Part 3001 Subpart C—Rules
Applicable to Requests for Establishing
or Changing the Mail Classification
Schedule; Subpart I—Rules for
Expedited Review to Allow Market Tests
of Proposed Mail Classification
Changes; Subpart J—Rules for
Expedited Review of Requests for
Provisional Service Changes of Limited
Duration; and Subpart K—Rules for Use
of Multi-Year Test Periods
Subparts C, I, J, and K of part 3001 of
the Commission’s rules of practice and
procedure cover requests for
establishing or changing the Mail
Classification Schedule (MCS); requests
for expedited review of market tests of
proposed mail classification changes;
requests for expedited review of
proposed provisional service changes of
limited duration that will supplement,
but not alter, existing mail
classifications and rates; and requests
for multi-year test periods for proposed
services. All four of these subparts
implemented PRA § 3623, which dealt
with the establishment and modification
of the MCS. Subpart C was originally
adopted in 1971. 36 FR 396 (January 12,
1971). Subpart C was amended, and
subparts I, J, and K were adopted by
Order No. 1110 issued by the Postal
Rate Commission on May 7, 1996. 61 FR
24447 (May 15, 1996).1
Section 201(b) of the PAEA repealed
PRA § 3623. On October 29, 2007, the
Commission established a new MCS
that categorized products as either
market dominant or competitive. The
Commission viewed the new MCS as a
‘‘ ‘vehicle for presenting the product
lists with necessary descriptive
content.’ ’’ Order No. 43, at 101, citing
Docket No. RM2007–1, Order Proposing
Regulations to Establish a System of
Ratemaking, August 15, 2007, para.
4003 (Order No. 26). The authority to
establish a new MCS was derived from
the Commission’s power under 39
U.S.C. 3642 to consider modifications to
the market dominant and competitive
product lists. See Order No. 26, para.
4001. Regulations governing the market
dominant and competitive product lists
are contained in part 3020 of the
Commission’s rules.
The repeal of 39 U.S.C. 3623; the
enactment by the PAEA of 39 U.S.C.
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1 These
subparts were initially subject to a sunset
provision and expired on May 15, 2001. On
September 24, 2001, the Postal Rate Commission
reissued each of the three subparts for an additional
5 years. Docket No. RM2001–3, Notice and Order
Adopting Final Rule, September 24, 2001; 66 FR
54436 (October 29, 2001). On November 8, 2006,
the Postal Rate Commission again reissued these
three subparts for an additional 5 years. See Docket
No. RM2006–1, Order Adopting Amendments to the
Rules of Practice and Procedure, November 8, 2006;
71 FR 66675 (November 16, 2006).
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13:54 May 15, 2009
Jkt 217001
3642; and the adoption of the new MCS
by Order No. 43 have rendered subparts
C, I, J, and K of part 3001 of the rules
of practice and procedure obsolete.
Accordingly, the Commission is
removing those subparts.
C. Subpart F—Rules Applicable to the
Filing of Testimony by Intervenors
Subpart F of part 3001 was originally
adopted in 1973 and provides rules for
the filing by intervenors of relevant and
material evidence in rate and
classification proceedings. 38 FR 7536
(March 22, 1973).
The enactment of the PAEA and the
adoption of regulations governing rate
and classification changes in parts 3010,
3015, and 3020 render subpart F of part
3001 obsolete. Unless otherwise ordered
by the Commission or a Presiding
Officer, evidence can be filed in a
Commission proceeding pursuant to
rule 31 in subpart A to part 3001.
D. Subpart G—Rules Applicable to the
Filing of Reports by the U.S. Postal
Service
PRC Order No. 203, Docket No.
RM2008–4, April 16, 2009, adopted new
periodic reporting rules and placed
those rules in a new part 3050. That
same order removed rules 3001.102 and
3001.103 from subpart G of part 3001.
Through inadvertence, rule 3001.101,
the sole remaining rule in subpart G,
was left unaffected. Since rule 3001.101
serves no remaining purpose, subpart G
is being removed.
E. Subpart L—Rules Applicable to
Negotiated Service Agreements
Subpart L of part 3001 was adopted
by the Postal Rate Commission during
2004 and provided rules for negotiated
service agreements. 69 FR 7574
(February 18, 2004). Subpart L
implemented PRA §§ 3622 and 3623.
In addition to repealing §§ 3622 and
3623, the PAEA enacted a new § 3622 to
title 39. Section 3622(c)(10) provides the
current basis for market dominant
negotiated service agreements. New part
3010 adopted by Order No. 43 includes
a new subpart D containing rules for
rate adjustments for market dominant
negotiated service agreements.
The repeal of 39 U.S.C. §§ 3622 and
3623; the enactment by the PAEA of a
new § 3622 to title 39; and the adoption
of the new subpart D to part 3001 have
rendered subpart L of part 3001
obsolete. Accordingly, the Commission
is removing subpart L.
III. Effective Date
Notice and comment are not required
under the Administrative Procedure Act
when a rulemaking involves
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‘‘interpretative rules, general statements
of policy, or rules of agency
organization, procedure, or practice[.]’’
5 U.S.C. 553(b)(A). The elimination of
subparts B, C, F, G, I, J, K, and L of part
3001 of the Commission’s rules of
practice and procedure therefore does
not require notice and the opportunity
for public comment.
Generally, a rule becomes effective
not less than 30 days after publication
in the Federal Register. A rule may
become effective sooner if it is an
interpretative rule, a statement of
policy, or if the agency finds good cause
to make it effective sooner. 5 U.S.C.
553(d). Since the statutory bases for the
rules of practice being eliminated have
been repealed and since new rules
reflecting the current statutory scheme
have been adopted, the Commission
finds that good cause exists to make the
rule promulgated by this order effective
upon its publication in the Federal
Register.
IV. Conclusion
In consideration of the foregoing, the
Commission removes subparts B, C, F,
G, I, J, K, and L of part 3001 of its rules
of practice and procedure.
V. Ordering Paragraphs
It is Ordered:
1. Subpart 3001, subparts B, C, F, G,
I, J, K, and L are hereby removed from
the Commission’s rules of practice and
procedure.
2. Removal of the subparts referred to
in paragraph 1 is effective upon
publication of this order in the Federal
Register.
3. The Secretary shall arrange for
publication of this order in the Federal
Register.
List of Subjects in 39 CFR Part 3001
Administrative practice and
procedure; Postal Service.
By the Commission.
Steven W. Williams,
Secretary.
For the reasons stated in the preamble,
under the authority at 39 U.S.C. 503, the
Postal Regulatory Commission amends
39 CFR chapter III as follows:
■
PART 3001—RULES OF PRACTICE
AND PROCEDURE
1. The authority citation for part 3001
is revised to read as follows:
■
Authority: 39 U.S.C. 404(d); 503; 3661.
Subparts B–C [Removed and reserved]
2. Remove and reserve subparts B and
C.
■
E:\FR\FM\18MYR1.SGM
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations
Subparts F–G [Removed and reserved]
3. Remove and reserve subparts F and
G.
■
Subparts I–L [Removed and reserved]
4. Remove and reserve subparts I
through L.
■
[FR Doc. E9–11533 Filed 5–15–09; 8:45 am]
BILLING CODE 7710–FW–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8075]
Suspension of Community Eligibility
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AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
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13:54 May 15, 2009
Jkt 217001
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
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23115
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits flood insurance coverage
unless an appropriate public body
adopts adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
■ Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
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]]>Agencies
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23113-23115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11533]
=======================================================================
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POSTAL REGULATORY COMMISSION
39 CFR Part 3001
[Docket No. RM2009-4; Order No. 214]
Updates to Rules of Practice
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is removing obsolete rules of practice from the
Code of Federal Regulations. The removed rules have been overtaken by
rulemakings implementing a new postal law.
DATES: Effective May 18, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-7689-6824 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends part 3001 of the Postal Regulatory
Commission's rules of practice and procedure, 39 CFR part 3001, by
removing subparts B, C, F, G, I, J, K, and L. As explained below, these
rules have been rendered obsolete by the passage of the Postal
Accountability and Enhancement Act (PAEA), Public Law No. 109-435, 120
Stat. 3218 (2006).
The PAEA transformed the Postal Rate Commission into the Postal
Regulatory Commission (Commission); repealed several key sections of
title 39 of the United States Code; and added a number of new statutory
provisions to title 39. The result was a major change in the
Commission's regulatory responsibilities and authorities. In response
to the changes made by the PAEA, the Commission, on October 29, 2007,
established a new system of ratemaking which was markedly different
from the prior regulatory regime. Docket No. RM2007-1, Order
Establishing Ratemaking Regulations for Market Dominant and Competitive
Products, October 29, 2009 (Order No. 43).
Because of changes made by the PAEA and Order No. 43, subparts B,
C, F, G, I, J, K, and L of part 3001 of the Commission's rules of
practice are obsolete and are being removed to avoid uncertainty and
confusion.
II. Discussion
A. 39 CFR Part 3001, Subpart B--Rules Applicable to Requests for
Changes in Rates or Fees
Part 3001, subpart B, was adopted in 1971 and covered requests by
the Postal Service for the issuance of recommended decisions by the
Postal Rate Commission on proposed changes in rates and fees. 36 FR 396
(January 12, 1971). Subpart B implemented section 3622 of the Postal
Reorganization Act (PRA). Section 201(a) of the PAEA struck PRA
Sec. Sec. 3621 and 3622 from title 39 of the United States Code and
replaced those two sections with the following new sections: Sec. Sec.
3621 and 3622 (applicable to market dominant products) and Sec. Sec.
3631 through 3634 (applicable to competitive products).
To implement these statutory changes, the Commission, in Order No.
43, promulgated new regulations as parts 3010 and 3015. Those latter
parts now govern rate changes for market dominant and competitive
products, respectively.
The repeal of 39 U.S.C. 3621 and 3622; the addition of new
Sec. Sec. 3621, 3622, and 3631 through 3634 to title 39; and the
adoption of parts 3010 and 3015 to the Commission's rules of practice
and procedure have, together, rendered subpart B of part 3001 obsolete.
Accordingly, the Commission is removing subpart B.
[[Page 23114]]
B. 39 CFR Part 3001 Subpart C--Rules Applicable to Requests for
Establishing or Changing the Mail Classification Schedule; Subpart I--
Rules for Expedited Review to Allow Market Tests of Proposed Mail
Classification Changes; Subpart J--Rules for Expedited Review of
Requests for Provisional Service Changes of Limited Duration; and
Subpart K--Rules for Use of Multi-Year Test Periods
Subparts C, I, J, and K of part 3001 of the Commission's rules of
practice and procedure cover requests for establishing or changing the
Mail Classification Schedule (MCS); requests for expedited review of
market tests of proposed mail classification changes; requests for
expedited review of proposed provisional service changes of limited
duration that will supplement, but not alter, existing mail
classifications and rates; and requests for multi-year test periods for
proposed services. All four of these subparts implemented PRA Sec.
3623, which dealt with the establishment and modification of the MCS.
Subpart C was originally adopted in 1971. 36 FR 396 (January 12, 1971).
Subpart C was amended, and subparts I, J, and K were adopted by Order
No. 1110 issued by the Postal Rate Commission on May 7, 1996. 61 FR
24447 (May 15, 1996).\1\
---------------------------------------------------------------------------
\1\ These subparts were initially subject to a sunset provision
and expired on May 15, 2001. On September 24, 2001, the Postal Rate
Commission reissued each of the three subparts for an additional 5
years. Docket No. RM2001-3, Notice and Order Adopting Final Rule,
September 24, 2001; 66 FR 54436 (October 29, 2001). On November 8,
2006, the Postal Rate Commission again reissued these three subparts
for an additional 5 years. See Docket No. RM2006-1, Order Adopting
Amendments to the Rules of Practice and Procedure, November 8, 2006;
71 FR 66675 (November 16, 2006).
---------------------------------------------------------------------------
Section 201(b) of the PAEA repealed PRA Sec. 3623. On October 29,
2007, the Commission established a new MCS that categorized products as
either market dominant or competitive. The Commission viewed the new
MCS as a `` `vehicle for presenting the product lists with necessary
descriptive content.' '' Order No. 43, at 101, citing Docket No.
RM2007-1, Order Proposing Regulations to Establish a System of
Ratemaking, August 15, 2007, para. 4003 (Order No. 26). The authority
to establish a new MCS was derived from the Commission's power under 39
U.S.C. 3642 to consider modifications to the market dominant and
competitive product lists. See Order No. 26, para. 4001. Regulations
governing the market dominant and competitive product lists are
contained in part 3020 of the Commission's rules.
The repeal of 39 U.S.C. 3623; the enactment by the PAEA of 39
U.S.C. 3642; and the adoption of the new MCS by Order No. 43 have
rendered subparts C, I, J, and K of part 3001 of the rules of practice
and procedure obsolete. Accordingly, the Commission is removing those
subparts.
C. Subpart F--Rules Applicable to the Filing of Testimony by
Intervenors
Subpart F of part 3001 was originally adopted in 1973 and provides
rules for the filing by intervenors of relevant and material evidence
in rate and classification proceedings. 38 FR 7536 (March 22, 1973).
The enactment of the PAEA and the adoption of regulations governing
rate and classification changes in parts 3010, 3015, and 3020 render
subpart F of part 3001 obsolete. Unless otherwise ordered by the
Commission or a Presiding Officer, evidence can be filed in a
Commission proceeding pursuant to rule 31 in subpart A to part 3001.
D. Subpart G--Rules Applicable to the Filing of Reports by the U.S.
Postal Service
PRC Order No. 203, Docket No. RM2008-4, April 16, 2009, adopted new
periodic reporting rules and placed those rules in a new part 3050.
That same order removed rules 3001.102 and 3001.103 from subpart G of
part 3001. Through inadvertence, rule 3001.101, the sole remaining rule
in subpart G, was left unaffected. Since rule 3001.101 serves no
remaining purpose, subpart G is being removed.
E. Subpart L--Rules Applicable to Negotiated Service Agreements
Subpart L of part 3001 was adopted by the Postal Rate Commission
during 2004 and provided rules for negotiated service agreements. 69 FR
7574 (February 18, 2004). Subpart L implemented PRA Sec. Sec. 3622 and
3623.
In addition to repealing Sec. Sec. 3622 and 3623, the PAEA enacted
a new Sec. 3622 to title 39. Section 3622(c)(10) provides the current
basis for market dominant negotiated service agreements. New part 3010
adopted by Order No. 43 includes a new subpart D containing rules for
rate adjustments for market dominant negotiated service agreements.
The repeal of 39 U.S.C. Sec. Sec. 3622 and 3623; the enactment by
the PAEA of a new Sec. 3622 to title 39; and the adoption of the new
subpart D to part 3001 have rendered subpart L of part 3001 obsolete.
Accordingly, the Commission is removing subpart L.
III. Effective Date
Notice and comment are not required under the Administrative
Procedure Act when a rulemaking involves ``interpretative rules,
general statements of policy, or rules of agency organization,
procedure, or practice[.]'' 5 U.S.C. 553(b)(A). The elimination of
subparts B, C, F, G, I, J, K, and L of part 3001 of the Commission's
rules of practice and procedure therefore does not require notice and
the opportunity for public comment.
Generally, a rule becomes effective not less than 30 days after
publication in the Federal Register. A rule may become effective sooner
if it is an interpretative rule, a statement of policy, or if the
agency finds good cause to make it effective sooner. 5 U.S.C. 553(d).
Since the statutory bases for the rules of practice being eliminated
have been repealed and since new rules reflecting the current statutory
scheme have been adopted, the Commission finds that good cause exists
to make the rule promulgated by this order effective upon its
publication in the Federal Register.
IV. Conclusion
In consideration of the foregoing, the Commission removes subparts
B, C, F, G, I, J, K, and L of part 3001 of its rules of practice and
procedure.
V. Ordering Paragraphs
It is Ordered:
1. Subpart 3001, subparts B, C, F, G, I, J, K, and L are hereby
removed from the Commission's rules of practice and procedure.
2. Removal of the subparts referred to in paragraph 1 is effective
upon publication of this order in the Federal Register.
3. The Secretary shall arrange for publication of this order in the
Federal Register.
List of Subjects in 39 CFR Part 3001
Administrative practice and procedure; Postal Service.
By the Commission.
Steven W. Williams,
Secretary.
0
For the reasons stated in the preamble, under the authority at 39
U.S.C. 503, the Postal Regulatory Commission amends 39 CFR chapter III
as follows:
PART 3001--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 3001 is revised to read as follows:
Authority: 39 U.S.C. 404(d); 503; 3661.
Subparts B-C [Removed and reserved]
0
2. Remove and reserve subparts B and C.
[[Page 23115]]
Subparts F-G [Removed and reserved]
0
3. Remove and reserve subparts F and G.
Subparts I-L [Removed and reserved]
0
4. Remove and reserve subparts I through L.
[FR Doc. E9-11533 Filed 5-15-09; 8:45 am]
BILLING CODE 7710-FW-P
