Revisions to Rules of Practice, 22820-22827 [2013-09037]
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the Executive order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
regulatory action’’ as an action likely to
result in a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this regulatory
action under Executive Order 13563,
which supplements and explicitly
reaffirms the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
To the extent permitted by law,
Executive Order 13563 requires that an
agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
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Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority
only upon a reasoned determination
that its benefits justify its costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that would maximize net
benefits. Based on the analysis that
follows, the Department believes that
this proposed priority is consistent with
the principles in Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
The benefits of the Disability and
Rehabilitation Research Projects and
Centers Programs have been well
established over the years, as projects
similar to the one envisioned by the
proposed priority have been completed
successfully. Establishing new RERCs
based on the proposed priority would
generate new knowledge through
research and development and improve
the lives of individuals with disabilities.
The new RERCs would generate,
disseminate, and promote the use of
new information that would improve
the options for individuals with
disabilities to fully participate in their
communities.
Intergovernmental Review: This
program is not subject to Executive
Order 12372 and the regulations in 34
CFR part 79.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) by
contacting the Grants and Contracts
Services Team, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5075, PCP, Washington, DC
20202–2550. Telephone: (202) 245–
7363. If you use a TDD or TTY, call the
FRS, toll free, at 1–800–877–8339.
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Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: April 12, 2013.
Michael K. Yudin,
Delegated the authority to perform the
functions and duties of Assistant Secretary
for Special Education and Rehabilitative
Services.
[FR Doc. 2013–09043 Filed 4–16–13; 8:45 am]
BILLING CODE 4000–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3001
[Order No. 1677; Docket No. RM2013–1]
Revisions to Rules of Practice
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This notice addresses
proposed revisions to the Commission’s
rules of practice. The revisions (as
clarified by an errata issued March 19,
2013) are intended to update existing
rules due to recent statutory and
regulatory changes; make technical
editorial changes; and foster clarity and
simplicity to reduce the potential for
confusion. The notice also takes related
administrative steps, including an
invitation for comments on the
proposed revisions. Comments will
assist the Commission in developing a
final rule.
DATES: Comment date: Comments due
on or before May 17, 2013.
ADDRESSES: Submit comments
electronically by accessing the ‘‘Filing
Online’’ link in the banner at the top of
the Commission’s Web site (https://
www.prc.gov) or by directly accessing
the Commission’s Filing Online system
at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who
SUMMARY:
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cannot submit their views electronically
should contact the person identified in
the For Further Information Contact
section as the source for case-related
information for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT: Case
related information: Stephen L.
Sharman, General Counsel, 202–789–
6820; Electronic filing assistance:
DocketAdmins@prc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
tkelley on DSK3SPTVN1PROD with PROPOSALS
I. Background
II. Proposed Changes to the Commission’s
Rules of Practice
III. Invitation To Comment
IV. Ordering Paragraphs
I. Background
The Postal Regulatory Commission
(Commission) establishes a rulemaking
docket pursuant to its responsibilities
under the Postal Accountability and
Enhancement Act (PAEA), Public Law
109–435, 120 Stat. 3198 (2006), to
consider amendments to the
Commission’s rules of practice and
procedure, 39 CFR part 3001. These
amendments propose minor changes
that remove obsolete references, adopt
new terminology, and make technical
edits. As explained below, the passage
of the PAEA required significant
changes to the Commission’s rules to
ensure that the rules encompassed the
major changes promulgated by the
PAEA.1 The changes proposed by this
order further revise the Commission’s
rules of practice by removing obsolete
references brought on by prior rule
changes.2
The PAEA transformed the Postal
Rate Commission into the Postal
Regulatory 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 for
regulating rates that was markedly
different from the prior regulatory
regime. See Order No. 43.
Due to the changes made by the PAEA
and subsequent rulemakings, further
amendments are required to remove
obsolete references, include new
1 See, e.g., Docket No. RM2007–1, Order
Establishing Ratemaking Regulations for Market
Dominant and Competitive Products, October 29,
2009 (Order No. 43).
2 See id., Docket No. RM2009–4, Order
Eliminating Obsolete Rules of Practice, May 11,
2009 (Order No. 214).
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terminology, and remove potential
confusion from the Commission’s rules
of practice.
II. Proposed Changes to the
Commission’s Rules of Practice
The changes proposed in this order
fall under three broad categories: (1)
Removal of statutory or regulatory
references that have been repealed,
amended, or removed since the
adoption of the PAEA; (2) adoption of
changes in terminology consistent with
the PAEA and current Commission
practice; and (3) minor clarifications
and corrections. The following is a
section-by-section analysis of the
proposed amendments. Each paragraph
containing a proposed change is
reproduced below the Secretary’s
signature on this notice.
Rule 3001.5(a) is amended by defining
‘‘Act’’ to encompass title 39 in its
entirety.
Rule 3001.5(h) is amended by
clarifying that ‘‘participant’’ means any
party to the proceeding, including
formal intervenors, and by replacing
‘‘officer of the Commission who is
designated to represent the interests of
the general public’’ with ‘‘Public
Representative.’’
Rule 3001.5(j) is amended by deleting
obsolete references to 39 U.S.C. 3624
and 3662 and by adding ‘‘or any other
proceeding noticed by the Commission
under §§ 3001.17 and 3001.18(a) of this
section’’ to the definition.
Rule 3001.5(m) is amended by
replacing a reference to 39 U.S.C. 404(b)
with a reference to 39 U.S.C. 404(d)(5).
Rule 3001.5(o) is amended by
replacing ‘‘a proceeding conducted
pursuant to subpart H of this part’’ with
‘‘a proceeding conducted pursuant to
part 3025 of this chapter’’.
Rule 3001.5(p) is amended by deleting
an obsolete definition of Domestic Mail
Classification Schedule and reserving
the paragraph for future use.
Rule 3001.5(q) is amended by
replacing ‘‘Office of the Consumer
Advocate’’ with ‘‘Public
Representative’’; ‘‘OCA’’ with ‘‘PR’’; and
‘‘means the’’ with ‘‘means an.’’
Rule 3001.7(a)(1)(iii) is amended by
replacing ‘‘Office of Rates, Analysis and
Planning’’ with ‘‘Office of
Accountability and Compliance.’’
Rule 3001.7(a)(2)(ii) is amended by
replacing ‘‘Subpart C’’ with ‘‘Subpart
B.’’
Rule 3001.7(b) is amended to
encompass proceedings under section
3661 of the Act; any proceeding noticed
and set for hearing by the Commission
pursuant to §§ 3001.17 and 3001.18(a);
or any proceeding conducted pursuant
to part 3025.
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Rule 3001.9(a) is amended by
replacing ‘‘Office of the Secretary’’ with
‘‘Office of Secretary and
Administration’’ and by revising the
Postal Regulatory Commission’s address
to read ‘‘901 New York Avenue NW.,
Suite 200, Washington, DC 20268–
0001.’’
Rule 3001.9(c)(2) is amended by
adding ‘‘federal’’ before the word
‘‘holiday.’’
Rule 3001.9(e) is amended to replace
‘‘§ 11’’ with ‘‘§ 3001.11(e).’’
Rule 3001.10(c) is amended by
deleting the ‘‘or’’ that follows ‘‘Word,.’’
Rule 3001.15 is amended by replacing
‘‘legal holiday for the Commission’’
with ‘‘federal holiday,’’; ‘‘or holiday’’
with ‘‘nor a federal holiday,; ‘‘less’’ with
‘‘fewer,’’ and ‘‘legal holidays of the
Commission’’ with ‘‘federal holidays.’’ It
is also amended by deleting the
sentence that reads ‘‘A part-day holiday
shall be considered as other days and
not as a holiday.’’
Rule 3001.18(b) is amended by
replacing ‘‘and the Commission shall
then issue a recommended decision,
advisory opinion, or public report, as
appropriate, in accordance with the
provisions of §§ 3001.34 to 3001.39’’
with ‘‘The Commission shall then issue
an advisory opinion or final decision, as
appropriate.’’ and by inserting a period
at the end of the previous sentence.
Rule 3001.18(c) is amended by
replacing ‘‘and a recommended
decision, advisory opinion, or public
report, as appropriate, shall then be
issued pursuant to the provisions of
§§ 3001.34 to 3001.39’’ with ‘‘The
Commission shall then issue an
advisory opinion or final decision, as
appropriate.’’ and by inserting a period
at the end of the previous sentence.
Rule 3001.19 is amended by deleting
the word ‘‘involved’’ so that the
applicable sentence now reads ‘‘Such
notice shall be published in the Federal
Register and served on all participants
in the proceeding.’’
Rule 3001.20a(c) is amended by
replacing ‘‘Limited participants may file
briefs’’ with ‘‘Limited participators may
file briefs’’ and by deleting the reference
to 39 U.S.C. 3622(b)(4).
Rule 3001.20b is amended by
replacing ‘‘§§ 3001.19a and 3001.20’’
with ‘‘§§ 3001.20 and 3001.20a’’ and
‘‘§ 3001.17’’ with ‘‘§ 3001.17(a).’’
Rule 3001.21(a) is amended by
replacing ‘‘initial decision’’ with
‘‘intermediate decision.’’
Rule 3001.23(a)(7) is amended by
replacing ‘‘initial or recommended
decision’’ with ‘‘intermediate decision.’’
Rule 3001.23(a)(9) is amended by
replacing ‘‘initial or recommended
decision’’ with ‘‘intermediate decision.’’
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Rule 3001.24(a) is amended by
deleting ‘‘recommended decision or’’
and obsolete references to sections 3622
and 3623 of the Act.
Rule 3001.24(d)(6) is amended by
deleting obsolete references to sections
3622 and 3623 of the Act.
Rule 3001.25(a) is amended by
deleting obsolete references to sections
3622, 3623, and 3662 of the Act.
Rule 3001.27(b) is amended by
replacing ‘‘through .12’’ with ‘‘through
3001.12’’.
Rule 3001.30(d) is amended by
deleting obsolete references to sections
3622 and 3623 of the Act and by adding
‘‘and set for hearing pursuant to
§ 3001.18(a)’’ to the end of the first
sentence.
Rule 3001.30(e)(2) is amended by
replacing the reference to testimony
‘‘OCA–T1–17’’ with ‘‘PR–T1–17’’.
Rule 3001.30(h) is amended by
replacing references to ‘‘his’’ with ‘‘his/
her’’.
Rule 3001.31(k)(3)(i)(i) is amended by
replacing ‘‘Administrative Office’’ with
‘‘Office of Secretary and
Administration’’.
Rule 3001.31a(c) is amended by
deleting ‘‘and shall be subject to the
provisions of § 3001.42 of this chapter’’.
Rule 3001.32(f) is amended by
replacing ‘‘allowed or requested’’ with
‘‘certified pursuant to paragraph (b)(1)
of this section’’; by replacing both
references to ‘‘initial decision’’ with
‘‘intermediate decision’’; and by
replacing ‘‘at the conclusion of the
proceeding’’ with ‘‘in the participants’
briefs in accordance with § 3001.34’’.
Rule 3001.34(a) is amended by
replacing ‘‘issuance of recommended
decision or advisory opinion to the
Postal Service within the contemplation
of sections 3641(a) and 3661 of the Act’’
with ‘‘issuance of the decision or
advisory opinion’’.
Rule 3001.34(b)(3) is amended by
replacing ‘‘the subject matter of the
complaint, or recommended decision,
advisory opinion, or public report to be
issued’’ with ‘‘and the advisory opinion
or decision to be issued’’.
Rule 3001.36 is amended by deleting
references to ‘‘other designated officers’’
(including in the rule title) and by
replacing references to ‘‘initial or
recommended decisions’’ with
‘‘intermediate decisions’’. It is also
amended by replacing ‘‘shall determine
the time and place for oral argument,
the issue or issues on which oral
argument’’ with ‘‘shall determine the
time and place for oral argument, and
may specify the issue or issues on
which oral argument’’.
Rule 3001.39(c) is amended by
deleting ‘‘(initial, recommended or
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tentative)’’ and obsolete references to
section 3622 and 3623 of the Act, and
replacing ‘‘recommended decision,
advisory opinion or public report’’ with
‘‘intermediate decision’’.
Rule 3001.40 is amended by deleting
the authority citation that follows the
rule.
Rule 3001.41 is amended by deleting
the authority citation that follows the
rule.
Rule 3001.43(a) is amended by
deleting ‘‘Access to documents being
considered at Commission meetings
shall be obtained in the manner set forth
in § 3001.42’’.
Rule 3001.43(c)(10) is amended by
deleting ‘‘as provided by section 3624(a)
of title 39’’ and by replacing ‘‘a civil
action or proceeding’’ with ‘‘a civil
action or appellate proceeding’’.
Rule 3001.43(e)(4)(i) is amended by
replacing ‘‘office of the Secretary of the
Commission’’ with ‘‘reception area of
the Postal Regulatory Commission
located’’.
Rule 3001.43(g)(1)(iii) is amended by
replacing both references to the ‘‘office
of the Secretary’’ with the ‘‘Office of
Secretary and Administration’’.
Rule 3001.43(g)(2)(iii) is amended by
replacing both references to the ‘‘office
of the Secretary’’ with the ‘‘Office of
Secretary and Administration’’.
Rule 3001.72 is amended by replacing
‘‘a recommended decision’’ with ‘‘an
advisory opinion’’.
Rule 3001.75 is amended to read ‘‘The
provisions of § 3001.12 govern the
Postal Service’s service requirements for
proceedings conducted under this
subpart. Service must be made on all
participants as defined in § 3001.5(h)’’.
III. Invitation To Comment
Interested persons are invited to
comment on the proposed changes to
part 3001. Comments are due within 30
days of the date of publication of this
notice in the Federal Register.
Pursuant to 39 U.S.C. 505, James
Waclawski is designated as the Public
Representative in this proceeding to
represent the interests of the general
public.
IV. Ordering Paragraphs
It is ordered:
1. Docket No. RM2013–1 is
established for the purpose of receiving
comments on the proposed changes to
39 CFR part 3001, as discussed in this
order.
2. Interested parties may submit
comments no later than 30 days from
the date of publication of this notice in
the Federal Register.
3. Pursuant to 39 U.S.C. 505, James
Waclawski is appointed to serve as
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Public Representative in this
proceeding.
4. 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, Freedom of information,
Postal Service, Sunshine Act.
By the Commission.
Shoshana M. Grove,
Secretary.
For the reasons discussed in the
preamble, the Commission proposes to
amend chapter III of title 39 of the Code
of Federal Regulations as follows:
PART 3001—RULES OF PRACTICE
AND PROCEDURE
1. The authority citation for part 3001
continues to read as follows:
■
Authority: 39 U.S.C. 404(d); 503; 504;
3661.
Subpart A—Rules of General
Applicability
■
2. Revise 3001.5 to read as follows:
§ 3001.5
Definitions.
(a) Act means title 39, United States
Code, as amended.
(b) Postal Service means the U.S.
Postal Service established by the Act.
(c) Commission or Commissioner
means, respectively, the Postal
Regulatory Commission established by
the Act or a member thereof.
(d) Secretary means the Secretary or
the Acting Secretary of the Commission.
(e) Presiding officer means the
Chairman of the Commission in
proceedings conducted by the
Commission en banc or the
Commissioner or employee of the
Commission designated to preside at
hearings or conferences.
(f) Person means an individual, a
partnership, corporation, trust,
unincorporated association, public or
private organization, or governmental
agency.
(g) Party means the Postal Service, a
complainant, an appellant, or a person
who has intervened in a proceeding
before the Commission.
(h) Participant means any party to the
proceeding, including formal
intervenors as described in § 3001.20,
and the Public Representative and, for
the purposes of § 3001.11(e), § 3001.12,
§ 3001.21, § 3001.23, § 3001.24,
§ 3001.29, § 3001.30, § 3001.31, and
§ 3001.32 only, it also means persons
who are limited participators.
(i) Complainant means a person or
interested party who as permitted by
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section 3662 of the Act files a complaint
with the Commission in the form and
manner hereinafter prescribed.
(j) Hearing means a hearing under
sections 556 and 557 of title 5, U.S.C.
(80 Stat. 386), as provided by section
3661 of the Act or in any other
proceeding noticed by the Commission
under § 3001.17 and § 3001.18(a).
(k) Record means the transcript of
testimony and exhibits, together with all
papers and requests filed in the
proceeding, which constitutes the
record for decision.
(l) Effective date of an order or notice
issued by the Commission or an officer
of the Commission means the date of
issuance unless otherwise specifically
provided.
(m) Petitioner means a person who is
permitted by 39 U.S.C. 404(d)(5) to
appeal to the Commission a
determination of the Postal Service to
close or consolidate a post office.
(n) Commission meeting means the
deliberations of at least three
Commissioners where such
deliberations determine or result in the
joint conduct or disposition of official
Commission business, but does not
include deliberations required or
permitted by § 3001.43(d) or
§ 3001.43(e).
(o) Ex parte communication means an
oral or written communication not on
the public record with respect to which
reasonable prior notice to all
participants and limited participators is
not given, but it shall not include
requests for status reports on any matter
or proceeding covered by subchapter II
of chapter 5 of title 5, U.S.C. or a
proceeding conducted pursuant to part
3025 of this chapter.
(p) Reserved.
(q) Public Representative or PR means
an officer of the Commission designated
to represent the interests of the general
public in a Commission proceeding.
(r) Negotiated service agreement
means a written contract, to be in effect
for a defined period of time, between
the Postal Service and a mailer, that
provides for customer-specific rates or
fees and/or terms of service in
accordance with the terms or conditions
of the contract. A rate associated with a
negotiated service agreement is not rate
of general applicability.
(s) Postal service refers to the delivery
of letters, printed matter, or mailable
packages, including acceptance,
collection, sorting, transportation, or
other functions ancillary thereto.
(t) Product means a postal service
with a distinct cost or market
characteristic for which a rate or rates
are, or may reasonably be, applied.
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3. In § 3001.7, revise paragraphs (a)
and (b) to read as follows
■
§ 3001.7
Ex parte communications.
(a) Definitions—(1) Decision-making
personnel. Subject to the exception
stated in paragraph (a)(2)(ii) of this
section, the following categories of
persons are designated ‘‘decisionmaking Commission personnel’’:
(i) The Commissioners and their
personal office staffs;
(ii) The General Counsel and his/her
staff;
(iii) The Director of the Office of
Accountability and Compliance and his/
her staff.
(iv) Any other employee who may
reasonably be expected to be involved
in the decisional process.
(2) Non-decision-making Commission
personnel. The following categories of
person are designated ‘‘non-decisionmaking personnel’’:
(i) All Commission personnel other
than decision-making Commission
personnel;
(ii) Decision-making Commission
personnel not participating in the
decisional process owing to the
prohibitions of § 3001.8 or part 3000,
subpart B of this chapter.
(b) Prohibition. In any agency
proceeding conducted under section
3661 of the Act; noticed and set for
hearing by the Commission pursuant to
§ 3001.17 and § 3001.18(a); or any
proceeding conducted pursuant to part
3025 of this chapter to the extent
required for the disposition of ex parte
matters as authorized by law:
*
*
*
*
*
■ 4. Revise § 3001.9 to read as follows:
§ 3001.9
Filing of documents.
(a) Filing with the Commission. The
filing of each written document required
or authorized by these rules or any
applicable statute, rule, regulation, or
order of the Commission, or by direction
of the presiding officer, shall be made
using the Internet (Filing Online)
pursuant to § 3001.10(a) at the
Commission’s Web site (https://
www.prc.gov), unless a waiver is
obtained. If a waiver is obtained, a hard
copy document may be filed either by
mailing or by hand delivery to the
Office of Secretary and Administration,
Postal Regulatory Commission, 901 New
York Avenue NW., Suite 200,
Washington, DC 20268–0001 during
regular business hours on a date no later
than that specified for such filing. The
requirements of this section do not
apply to participants other than the
Postal Service in proceedings conducted
pursuant to part 3025 of this chapter.
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(b) Account holder. In order for a
document to be accepted using Filing
Online, it must be submitted to the
Commission by a principal account
holder or an agent account holder
(Filing Online account holder). The
authority of the principal account
holder to represent the participant on
whose behalf the document is filed must
be valid and current, in conformance
with § 3001.6. The authority of an agent
account holder to submit documents for
a principal account holder must be valid
and current. A principal account holder
must promptly inform the Secretary of
any change in his/her authority to
represent participants in a proceeding or
any change in the authority delegated to
an agent account holder to submit
documents on his/her behalf.
(c) Acceptance for filing. Only such
documents as conform to the
requirements of this part and any other
applicable rule or order authorized by
the Commission shall be accepted for
filing. In order for a document to be
accepted using Filing Online, it must be
submitted to the Commission by a Filing
Online account holder.
(1) Subject to § 3001.9(d):
(i) A document submitted through
Filing Online is filed on the date
indicated on the receipt issued by the
Secretary. It is accepted when the
Secretary, after review, has posted it on
the Daily Listing page of the
Commission’s Web site.
(ii) A hardcopy document is filed on
the date stamped by the Secretary. It is
accepted when the Secretary, after
review, has posted it on the Daily
Listing page of the Commission’s Web
site.
(2) Any document received after the
close of regular business hours or on a
Saturday, Sunday, or federal holiday,
shall be deemed to be filed on the next
regular business day.
(d) Rejected filings. Any filing that
does not comply with any applicable
rule or order authorized by the
Commission may be rejected. Any filing
that is rejected is deemed not to have
been filed with the Commission. If a
filing is rejected, the Secretary or the
Secretary’s designee will notify the
person submitting the filing, indicating
the reason(s) for rejection. Acceptance
for filing shall not waive any failure to
comply with this part, and such failure
may be cause for subsequently striking
all or any part of any document.
(e) Account holder exemptions.
Notices of intervention and comments
solicited by the Commission may be
filed under temporary Filing Online
accounts. Temporary Filing Online
accounts may be obtained without
meeting all of the requirements of
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paragraphs (b) and (c) of this section,
and the subscription requirements of
§ 3001.11(e). Other categories of
documents may be filed under
temporary Filing Online accounts under
extraordinary circumstances, for good
cause shown.
■ 5. In § 3001.10, revise paragraph (c) to
read as follows:
§ 3001.10 Form and number of copies of
documents.
*
*
*
*
*
(c) Computer media. A participant
that has obtained a waiver of the online
filing requirement of § 3001.9(a) may
submit a document on standard PC
media, simultaneously with the filing of
one printed original and two hard
copies, provided that the stored
document is a file generated in either
Acrobat (pdf), Word, WordPerfect, or
Rich Text Format (rtf).
*
*
*
*
*
■ 6. Revise § 3001.15 to read as follows:
§ 3001.15
Computation of time.
Except as otherwise provided by law,
in computing any period of time
prescribed or allowed by this part, or by
any notice, order, rule or regulation of
the Commission or a presiding officer,
the day of the act, event, or default after
which the designated period of time
begins to run is not to be included. The
last day of the period so computed is to
be included unless it is a Saturday,
Sunday, or federal holiday, in which
event the period runs until the end of
the next day which is neither a
Saturday, Sunday, nor a federal holiday.
In computing a period of time which is
5 days or fewer, all Saturdays, Sundays,
and federal holidays are to be excluded.
■ 7. Revise § 3001.18 to read as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 3001.18
Nature of the proceedings.
(a) Proceedings to be set for hearing.
Except as otherwise provided in these
rules, in any case noticed for a
proceeding to be determined on the
record pursuant to § 3001.17(a), the
Commission may hold a public hearing
if a hearing is requested by any party to
the proceeding or if the Commission in
the exercise of its discretion determines
that a hearing is in the public interest.
The Commission may give notice of its
determination that a hearing shall be
held in its original notice of the
proceeding or in a subsequent notice
issued pursuant to paragraph (b) of this
section and § 3001.9.
(b) Procedure in hearing cases. In
proceedings which are to be set for
hearing, the Commission shall issue a
notice of hearing or prehearing
conference pursuant to § 3001.19. After
the completion of the hearing, the
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Commission or the presiding officer
shall receive such briefs and hear such
oral argument as may be ordered by the
Commission or the presiding officer
pursuant to § 3001.34 and § 3001.37.
The Commission shall then issue an
advisory opinion or final decision, as
appropriate.
(c) Procedure in non-hearing cases. In
any case noticed for a proceeding to be
determined on the record in which a
hearing is not requested by any party or
ordered by the Commission, the
Commission or the presiding officer
shall issue a notice of the procedure to
be followed with regard to the filing of
briefs and oral argument. The
Commission shall then issue an
advisory opinion or final decision, as
appropriate. The Commission or
presiding officer may, if necessary or
desirable, call procedural conferences
by issuance of a notice pursuant to
§ 3001.19.
■ 8. Revise § 3001.19 to read as follows:
§ 3001.19 Notice of prehearing conference
or hearing.
In any proceeding noticed for a
proceeding on the record pursuant to
§ 3001.17(a), the Commission shall give
due notice of any prehearing conference
or hearing by including the time and
place of the conference or hearing in the
notice of proceeding or by subsequently
issuing a notice of prehearing
conference or hearing. Such notice of
prehearing conference or hearing shall
give the title and docket designation of
the proceeding, a reference to the
original notice of proceeding and the
date of such notice, and the time and
place of the conference or hearing. Such
notice shall be published in the Federal
Register and served on all participants
in the proceeding. Notice of the time
and place where a hearing will be
reconvened shall be served on all
participants in the proceeding unless
announcement was made thereof by the
presiding officer at the adjournment of
an earlier session of the prehearing
conference or hearing.
■ 9. Revise § 3001.20a to read as
follows:
§ 3001.20a Limited participation by
persons not parties.
Notwithstanding the provisions of
§ 3001.20, any person may appear as a
limited participator in any case that is
noticed for a proceeding pursuant to
§ 3001.17(a), in accordance with the
following provisions:
(a) Form of intervention. Notices of
intervention as a limited participator
shall be in writing, shall set forth the
nature and extent of the intervenor’s
interest in the proceeding, and shall
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conform to the requirements of
§§ 3001.9 through 3001.12.
(b) Oppositions. Oppositions to
notices to intervene as a limited
participator may be filed by any
participant in the proceeding no later
than 10 days after the notice of
intervention as a limited participator is
filed.
(c) Scope of participation. Subject to
the provisions of § 3001.30(f), limited
participators may present evidence
which is relevant to the issues involved
in the proceeding and their testimony
shall be subject to cross-examination on
the same terms applicable to that of
formal participants. Limited
participators may file briefs or proposed
findings pursuant to § 3001.34 and
§ 3001.35, and within 15 days after the
release of an intermediate decision, or
such other time as may be fixed by the
Commission, they may file a written
statement of their position on the issues.
The Commission or the presiding officer
may require limited participators having
substantially like interests and positions
to join together for any or all of the
above purposes. Limited participators
are not required to respond to discovery
requests under §§ 3001.25 through
3001.28 except to the extent that those
requests are directed specifically to
testimony which the limited
participators provided in the
proceeding; however, limited
participators are advised that failure to
provide relevant and material
information in support of their claims
will be taken into account in
determining the weight to be placed on
their evidence and arguments.
■ 10. In § 3001.20b, revise the
introductory paragraph and paragraph
(a) to read as follows:
§ 3001.20b Informal expression of views
by persons not parties or limited
participators (commenters).
Notwithstanding the provisions of
§ 3001.20 and § 3001.20a, any person
may file with the Commission, in any
case that is noticed for a hearing
pursuant to § 3001.17(a), an informal
statement of views in writing, in
accordance with the following
provisions:
(a) Form of statement. A statement
filed pursuant to this section may be
submitted as a hardcopy letter mailed to
the Secretary or an electronic message
entered on the form provided this
purpose under the ‘‘Contact Us’’ link on
the Commission’s Web site, https://
www.prc.gov.
*
*
*
*
*
■ 11. In § 3001.21, revise paragraph (a)
to read as follows:
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§ 3001.21
Motions.
(a) Scope and contents. An
application for an order or ruling not
otherwise specifically provided for in
this part shall be by motion. Motions
shall set forth with particularity the
ruling or relief sought, the grounds and
basis therefor, and the statutory or other
authority relied upon, and shall be filed
with the Secretary and served pursuant
to the provisions of §§ 3001.9 to
3001.12. All motions to dismiss
proceedings or other motions which
involve a final determination of the
proceeding shall be addressed to the
Commission. After a presiding officer is
designated in any proceeding, and
before the issuance of an intermediate
decision pursuant to § 3001.39 or
certification of the record to the
Commission pursuant to § 3001.38, all
other motions in that proceeding shall
be addressed to the presiding officer.
*
*
*
*
*
■ 12. In § 3001.23, revise paragraphs
(a)(7), (a)(8), (a)(9), and (a)(10) to read as
follows:
§ 3001.23
Presiding officers.
(a) * * *
(7) To dispose of procedural requests
or similar matters but not, before their
intermediate decision, to dispose of
motions made during hearings to
dismiss proceedings or other motions
which involve a final determination of
the proceeding;
(8) Within their discretion, or upon
direction of the Commission, to certify
any question to the Commission for its
consideration and disposition;
(9) To submit an intermediate
decision in accordance with § 3001.38
and § 3001.39; and
(10) To take any other action
necessary or appropriate to the
discharge of the duties vested in them,
consistent with the statutory or other
authorities under which the
Commission functions and with the
rules, regulations, and policies of the
Commission.
*
*
*
*
*
■ 13. In § 3001.24, revise paragraphs (a)
and (d)(6) to read as follows:
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§ 3001.24
Prehearing conferences.
(a) Initiation and purposes. In any
proceeding the Commission or the
presiding officer may, with or without
motion, upon due notice as to time and
place, direct the participants in a
proceeding to appear for a prehearing
conference for the purposes of
considering all possible ways of
expediting the proceeding, including
those in paragraph (d) of this section. It
is the intent of the Commission to issue
its advisory opinion on requests under
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section 3661 of the Act with the utmost
practicable expedition. The Commission
directs that these prehearing procedures
shall be rigorously pursued by the
presiding officer and all participants to
that end.
*
*
*
*
*
(d) * * *
(6) Disclosure of the number, identity
and qualifications of witnesses, and the
nature of their testimony, particularly
with respect to the policies of the Act
and, as applicable according to the
nature of the proceeding;
*
*
*
*
*
■ 14. In § 3001.25, revise paragraph (a)
to read as follows:
§ 3001.25
Discovery—general policy.
(a) Rules 26 through 28 allow
discovery reasonably calculated to lead
to admissible evidence during a noticed
proceeding. Generally, discovery against
a participant will be scheduled to end
prior to the receipt into evidence of that
participant’s direct case. An exception
to this procedure shall operate in all
proceedings brought under 39 U.S.C.
3661 when a participant needs to obtain
information (such as operating
procedures or data) available only from
the Postal Service. Discovery requests of
this nature are permissible only for the
purpose of the development of rebuttal
testimony and may be made up to 20
days prior to the filing date for final
rebuttal testimony.
*
*
*
*
*
■ 15. In § 3001.27, revise paragraph (b)
to read as follows:
§ 3001.27 Requests for production of
documents or things for purpose of
discovery.
*
*
*
*
*
(b) Answers. The participant
responding to the request shall file an
answer with the Commission in
conformance with §§ 3001.9 through
3001.12 within 14 days after the request
is filed, or within such other period as
may be fixed by the Commission or
presiding officer. The answer shall state,
with respect to each item or category,
that inspection will be permitted as
requested unless the request is objected
to pursuant to paragraph (c) of this
section.
*
*
*
*
*
■ 16. In § 3001.30, revise paragraphs (d),
(e)(2), and (h) to read as follows:
§ 3001.30
Hearings.
*
*
*
*
*
(d) Order of procedure. In public
hearings before the Commission, the
Postal Service shall open and close in
proceedings which it has initiated under
section 3661 of the Act, and a
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22825
complainant shall open and close in
proceedings on complaints filed under
section 3662 of the Act and set for
hearing pursuant to § 3001.18(a). With
respect to the order of presentation of all
other participants, and in all other
proceedings, unless otherwise ordered
by the Commission, the presiding officer
shall direct the order of presentation of
evidence and issue such other
procedural orders as may be necessary
to assure the orderly and expeditious
conclusion of the hearing.
(e) * * *
(2) Written cross-examination.
Written cross-examination will be
utilized as a substitute for oral crossexamination whenever possible,
particularly to introduce factual or
statistical evidence. Designations of
written cross-examination should be
served in accordance with §§ 3001.9
through 3001.12 no later than three
working days before the scheduled
appearance of a witness. Designations
shall identify every item to be offered as
evidence, listing the participant who
initially posed the discovery request,
the witness and/or party to whom the
question was addressed (if different
from the witness answering), the
number of the request and, if more than
one answer is provided, the dates of all
answers to be included in the record.
(For example, ‘‘PR–T1–17 to USPS
witness Jones, answered by USPS
witness Smith (March 1, 1997) as
updated (March 21, 1997)).’’ When a
participant designates written crossexamination, two hard copies of the
documents to be included shall
simultaneously be submitted to the
Secretary of the Commission. The
Secretary of the Commission shall
prepare for the record a packet
containing all materials designated for
written cross-examination in a format
that facilitates review by the witness
and counsel. The witness will verify the
answers and materials in the packet,
and they will be entered into the
transcript by the presiding officer.
Counsel may object to written crossexamination at that time, and any
designated answers or materials ruled
objectionable will be stricken from the
record.
*
*
*
*
*
(h) Rulings on motions. The presiding
officer is authorized to rule upon any
such motion not formally acted upon by
the Commission prior to the
commencement of a prehearing
conference or hearing where immediate
ruling is essential in order to proceed
with the prehearing conference or
hearing, and upon any motion to the
presiding officer filed or made after the
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commencement thereof, except that no
motion made to the presiding officer, a
ruling upon which would involve or
constitute a final determination of the
proceeding, shall be ruled upon
affirmatively by the presiding officer
except as a part of his/her intermediate
decision. This section shall not preclude
a presiding officer, within his/her
discretion, from referring any motion
made in hearing to the Commission for
ultimate determination.
*
*
*
*
*
■ 17. In § 3001.31, revise paragraph
(k)(3)(i)(i) to read as follows:
§ 3001.32 Appeals from rulings of the
presiding officer.
§ 3001.31
§ 3001.34
Evidence.
*
*
*
*
*
(k) * * *
(3) * * *
(i) * * *
(i) An expert on the design and
operation of the program shall be
provided at a technical conference to
respond to any oral or written questions
concerning information that is
reasonably necessary to enable
independent replication of the program
output. Machine-readable data files and
program files shall be provided in the
form of a compact disk or other media
or method approved in advance by the
Office of Secretary and Administration
of the Postal Regulatory Commission.
Any machine-readable data file or
program file so provided must be
identified and described in
accompanying hardcopy
documentation. In addition, files in text
format must be accompanied by
hardcopy instructions for printing them.
Files in machine code must be
accompanied by hardcopy instructions
for executing them.
*
*
*
*
*
■ 18. In § 3001.31a, revise paragraph (c)
to read as follows:
§ 3001.31a
In camera orders.
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*
*
*
*
(c) Release of in camera information.
In camera documents and testimony
shall constitute a part of the confidential
records of the Commission. However,
the Commission, on its own motion or
pursuant to a request, may make in
camera documents and testimony
available for inspection, copying, or use
by any other governmental agency. The
Commission shall, in such
circumstances, give reasonable notice of
the impending disclosure to the affected
party. However, such notice may be
waived in extraordinary circumstances
for good cause.
*
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*
*
■ 19. In § 3001.32, revise paragraph (f)
to read as follows:
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*
*
*
*
*
(f) Review at conclusion of
proceeding. If an interlocutory appeal is
not certified pursuant to paragraph
(b)(1) of this section, objection to the
ruling may be raised on review of the
presiding officer’s intermediate
decision, or, if the intermediate decision
is omitted, in the participants’ briefs in
accordance with § 3001.34.
*
*
*
*
*
■ 20. In § 3001.34, revise paragraphs (a)
and (b)(3) to read as follows:
§ 3001.39
Briefs.
(a) When filed. At the close of the
taking of testimony in any proceeding,
the Commission or the presiding officer
shall fix the time for the filing and
service of briefs, giving due regard to the
timely issuance of the decision or
advisory opinion. In addition, subject to
such consideration, due regard shall be
given to the nature of the proceeding,
the complexity and importance of the
issues involved, and the magnitude of
the record. In cases subject to a
limitation on the time available to the
Commission for decision, the
Commission shall generally direct that
each participant shall file a single brief
at the same time. In cases where,
because of the nature of the issues and
the record or the limited number of
participants involved, the filing of
initial and reply briefs, or the filing of
initial, answering, and reply briefs, will
not unduly delay the conclusion of the
proceeding and will aid in the proper
disposition of the proceeding, the
participants may be directed to file more
than one brief and at different times
rather than a single brief at the same
time. The presiding officer or the
Commission may also order the filing of
briefs during the course of the
proceeding.
(b) * * *
(3) A clear, concise and definitive
statement of the position of the filing
participant as to the proposals of the
Postal Service and the advisory opinion
or decision to be issued;
*
*
*
*
*
■ 21. Revise § 3001.36 to read as
follows:
§ 3001.36 Oral argument before the
presiding officer.
In any case in which the presiding
officer is to issue an intermediate
decision, such officer may permit the
presentation of oral argument when, in
his/her opinion, time permits, and the
nature of the proceedings, the
complexity or importance of the issues
of fact or law involved, and the public
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interest warrants hearing such
argument. The presiding officer shall
determine the time and place for oral
argument, and may specify the issue or
issues on which oral argument is to be
presented, the order in which the
presentations shall be made, and the
amount of time allowed each
participant. A request for oral argument
before the issuance of an intermediate
decision shall be made during the
course of the hearing on the record.
■ 22. In § 3001.39, revise paragraph (c)
to read as follows:
Sfmt 4702
Intermediate decisions.
*
*
*
*
*
(c) Contents. All intermediate
decisions shall include findings and
conclusions, and the reasons or basis
therefor, on all the material issues of
fact, law, or discretion presented on the
record, and the appropriate intermediate
decision pursuant to the Act. An
intermediate decision in a proceeding
under section 3661 of the Act shall
include a determination of the question
of whether or not the proposed change
in the nature of postal service conforms
to the policies established under the
Act.
*
*
*
*
*
§ 3001.40
[Amended]
23. Revise § 3001.40 by removing the
authority citation.
■
§ 3001.41
[Amended]
24. Revise § 3001.41 by removing the
authority citation.
■ 25. In § 3001.43, revise paragraphs (a),
(c)(10), (e)(4)(i), (g)(1)(iii), and (g)(2)(iii)
to read as follows:
■
§ 3001.43 Public attendance at
Commission meetings.
(a) Open Commission meetings. (1)
Commissioners shall not jointly conduct
or dispose of agency business other than
in accordance with this section. Except
as provided in paragraph (c) of this
section, every portion of every meeting
of the Commission shall be open to
public observation.
*
*
*
*
*
(c) * * *
(10) Specifically concern the
Commission’s issuance of a subpoena or
the Commission’s participation in a
civil action or appellate proceeding, an
action in a foreign court or international
tribunal, or an arbitration, or the
initiation, conduct or disposition by the
Commission of a particular case of
formal Commission adjudication
pursuant to the procedures in section
554 of title 5, U.S.C. or otherwise
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involving a determination on the record
after opportunity for a hearing.
*
*
*
*
*
(e) * * *
(4) * * *
(i) Publicly posting a copy of the
document in the reception area of the
Postal Regulatory Commission located
at 901 New York Avenue NW., Suite
200, Washington, DC 20268–0001;
*
*
*
*
*
(g) * * *
(1) * * *
(iii) Ten copies of such requests must
be received by the Office of Secretary
and Administration no later than three
working days after the issuance of the
notice of meeting to which the request
pertains. Requests received after that
time will be returned to the requester
with a statement that the request was
untimely received and that copies of
any nonexempt portions of the
transcript or minutes for the meeting in
question will ordinarily be available in
the Office of Secretary and
Administration 10 working days after
the meeting.
(2) * * *
(iii) Ten copies of such requests
should be filed with the Office of
Secretary and Administration as soon as
possible after the issuance of the notice
of meeting to which the request
pertains. However, a single copy of the
request will be accepted. Requests to
close meetings must be received by the
Office of Secretary and Administration
no later than the time scheduled for the
meeting to which such a request
pertains.
*
*
*
*
*
Subpart D—Rules Applicable to
Requests for Changes in the Nature of
Postal Services
26. Revise § 3001.72 to read as
follows:
■
Subpart D—Rules Applicable to
Requests for Changes in the Nature of
Postal Services
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 3001.72
Filing of formal requests.
Whenever the Postal Service
determines to request that the
Commission issue an advisory opinion
on a proposed change in the nature of
postal services subject to this subpart,
the Postal Service shall file with the
Commission a formal request for such
an opinion in accordance with the
requirements of §§ 3001.9 to 3001.11
and § 3001.74. Such request shall be
filed not less than 90 days in advance
of the date on which the Postal Service
proposes to make effective the change in
the nature of postal services involved.
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Within 5 days after the Postal Service
has filed a formal request for an
advisory opinion in accordance with
this subsection, the Secretary shall
lodge a notice thereof with the Director
of the Federal Register for publication in
the Federal Register.
■ 27. Revise § 3001.75 to read as
follows:
§ 3001.75
Service by the Postal Service.
The provisions of § 3001.12 govern
the Postal Service’s service
requirements for proceedings conducted
under this subpart. Service must be
made on all participants as defined in
§ 3001.5(h).
[FR Doc. 2013–09037 Filed 4–16–13; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0233; FRL–9803–1]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing action on
four Kansas State Implementation Plan
(SIP) submissions. First, EPA is
proposing to approve portions of two
SIP submissions from the State of
Kansas addressing the applicable
requirements of Clean Air Act (CAA) for
the 1997 and 2006 National Ambient
Air Quality Standards (NAAQS) for fine
particulate matter (PM2.5). The CAA
requires that each state adopt and
submit a SIP to support implementation,
maintenance, and enforcement of each
new or revised NAAQS promulgated by
EPA. These SIPs are commonly referred
to as ‘‘infrastructure’’ SIPs. The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. EPA is
also proposing to approve two
additional SIP submissions from
Kansas, one addressing the Prevention
of Significant Deterioration (PSD)
program in Kansas, and another
addressing the requirements applicable
to any board or body which approves
permits or enforcement orders of the
CAA, both of which support
SUMMARY:
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22827
requirements associated with
infrastructure SIPs.
DATES: Comments must be received on
or before May 17, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2013–0233, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: kemp.lachala@epa.gov.
3. Mail: Ms. Lachala Kemp, Air
Planning and Development Branch, U.S.
Environmental Protection Agency,
Region 7, Air and Waste Management
Division, 11201 Renner Boulevard,
Lenexa, KS 66219.
4. Hand Delivery or Courier: Deliver
your comments to Ms. Lachala Kemp,
Air Planning and Development Branch,
U.S. Environmental Protection Agency,
Region 7, Air and Waste Management
Division, 11201 Renner Boulevard,
Lenexa, KS 66219.
Instructions: Direct your comments to
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0233. EPA’s policy is that all comments
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E:\FR\FM\17APP1.SGM
17APP1
]]>Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Proposed Rules]
[Pages 22820-22827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09037]
=======================================================================
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POSTAL REGULATORY COMMISSION
39 CFR Part 3001
[Order No. 1677; Docket No. RM2013-1]
Revisions to Rules of Practice
AGENCY: Postal Regulatory Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This notice addresses proposed revisions to the Commission's
rules of practice. The revisions (as clarified by an errata issued
March 19, 2013) are intended to update existing rules due to recent
statutory and regulatory changes; make technical editorial changes; and
foster clarity and simplicity to reduce the potential for confusion.
The notice also takes related administrative steps, including an
invitation for comments on the proposed revisions. Comments will assist
the Commission in developing a final rule.
DATES: Comment date: Comments due on or before May 17, 2013.
ADDRESSES: Submit comments electronically by accessing the ``Filing
Online'' link in the banner at the top of the Commission's Web site
(https://www.prc.gov) or by directly accessing the Commission's Filing
Online system at https://www.prc.gov/prc-pages/filing-online/login.aspx. Commenters who
[[Page 22821]]
cannot submit their views electronically should contact the person
identified in the For Further Information Contact section as the source
for case-related information for advice on alternatives to electronic
filing.
FOR FURTHER INFORMATION CONTACT: Case related information: Stephen L.
Sharman, General Counsel, 202-789-6820; Electronic filing assistance:
DocketAdmins@prc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Proposed Changes to the Commission's Rules of Practice
III. Invitation To Comment
IV. Ordering Paragraphs
I. Background
The Postal Regulatory Commission (Commission) establishes a
rulemaking docket pursuant to its responsibilities under the Postal
Accountability and Enhancement Act (PAEA), Public Law 109-435, 120
Stat. 3198 (2006), to consider amendments to the Commission's rules of
practice and procedure, 39 CFR part 3001. These amendments propose
minor changes that remove obsolete references, adopt new terminology,
and make technical edits. As explained below, the passage of the PAEA
required significant changes to the Commission's rules to ensure that
the rules encompassed the major changes promulgated by the PAEA.\1\ The
changes proposed by this order further revise the Commission's rules of
practice by removing obsolete references brought on by prior rule
changes.\2\
---------------------------------------------------------------------------
\1\ See, e.g., Docket No. RM2007-1, Order Establishing
Ratemaking Regulations for Market Dominant and Competitive Products,
October 29, 2009 (Order No. 43).
\2\ See id., Docket No. RM2009-4, Order Eliminating Obsolete
Rules of Practice, May 11, 2009 (Order No. 214).
---------------------------------------------------------------------------
The PAEA transformed the Postal Rate Commission into the Postal
Regulatory 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
for regulating rates that was markedly different from the prior
regulatory regime. See Order No. 43.
Due to the changes made by the PAEA and subsequent rulemakings,
further amendments are required to remove obsolete references, include
new terminology, and remove potential confusion from the Commission's
rules of practice.
II. Proposed Changes to the Commission's Rules of Practice
The changes proposed in this order fall under three broad
categories: (1) Removal of statutory or regulatory references that have
been repealed, amended, or removed since the adoption of the PAEA; (2)
adoption of changes in terminology consistent with the PAEA and current
Commission practice; and (3) minor clarifications and corrections. The
following is a section-by-section analysis of the proposed amendments.
Each paragraph containing a proposed change is reproduced below the
Secretary's signature on this notice.
Rule 3001.5(a) is amended by defining ``Act'' to encompass title 39
in its entirety.
Rule 3001.5(h) is amended by clarifying that ``participant'' means
any party to the proceeding, including formal intervenors, and by
replacing ``officer of the Commission who is designated to represent
the interests of the general public'' with ``Public Representative.''
Rule 3001.5(j) is amended by deleting obsolete references to 39
U.S.C. 3624 and 3662 and by adding ``or any other proceeding noticed by
the Commission under Sec. Sec. 3001.17 and 3001.18(a) of this
section'' to the definition.
Rule 3001.5(m) is amended by replacing a reference to 39 U.S.C.
404(b) with a reference to 39 U.S.C. 404(d)(5).
Rule 3001.5(o) is amended by replacing ``a proceeding conducted
pursuant to subpart H of this part'' with ``a proceeding conducted
pursuant to part 3025 of this chapter''.
Rule 3001.5(p) is amended by deleting an obsolete definition of
Domestic Mail Classification Schedule and reserving the paragraph for
future use.
Rule 3001.5(q) is amended by replacing ``Office of the Consumer
Advocate'' with ``Public Representative''; ``OCA'' with ``PR''; and
``means the'' with ``means an.''
Rule 3001.7(a)(1)(iii) is amended by replacing ``Office of Rates,
Analysis and Planning'' with ``Office of Accountability and
Compliance.''
Rule 3001.7(a)(2)(ii) is amended by replacing ``Subpart C'' with
``Subpart B.''
Rule 3001.7(b) is amended to encompass proceedings under section
3661 of the Act; any proceeding noticed and set for hearing by the
Commission pursuant to Sec. Sec. 3001.17 and 3001.18(a); or any
proceeding conducted pursuant to part 3025.
Rule 3001.9(a) is amended by replacing ``Office of the Secretary''
with ``Office of Secretary and Administration'' and by revising the
Postal Regulatory Commission's address to read ``901 New York Avenue
NW., Suite 200, Washington, DC 20268-0001.''
Rule 3001.9(c)(2) is amended by adding ``federal'' before the word
``holiday.''
Rule 3001.9(e) is amended to replace ``Sec. 11'' with ``Sec.
3001.11(e).''
Rule 3001.10(c) is amended by deleting the ``or'' that follows
``Word,.''
Rule 3001.15 is amended by replacing ``legal holiday for the
Commission'' with ``federal holiday,''; ``or holiday'' with ``nor a
federal holiday,; ``less'' with ``fewer,'' and ``legal holidays of the
Commission'' with ``federal holidays.'' It is also amended by deleting
the sentence that reads ``A part-day holiday shall be considered as
other days and not as a holiday.''
Rule 3001.18(b) is amended by replacing ``and the Commission shall
then issue a recommended decision, advisory opinion, or public report,
as appropriate, in accordance with the provisions of Sec. Sec. 3001.34
to 3001.39'' with ``The Commission shall then issue an advisory opinion
or final decision, as appropriate.'' and by inserting a period at the
end of the previous sentence.
Rule 3001.18(c) is amended by replacing ``and a recommended
decision, advisory opinion, or public report, as appropriate, shall
then be issued pursuant to the provisions of Sec. Sec. 3001.34 to
3001.39'' with ``The Commission shall then issue an advisory opinion or
final decision, as appropriate.'' and by inserting a period at the end
of the previous sentence.
Rule 3001.19 is amended by deleting the word ``involved'' so that
the applicable sentence now reads ``Such notice shall be published in
the Federal Register and served on all participants in the
proceeding.''
Rule 3001.20a(c) is amended by replacing ``Limited participants may
file briefs'' with ``Limited participators may file briefs'' and by
deleting the reference to 39 U.S.C. 3622(b)(4).
Rule 3001.20b is amended by replacing ``Sec. Sec. 3001.19a and
3001.20'' with ``Sec. Sec. 3001.20 and 3001.20a'' and ``Sec.
3001.17'' with ``Sec. 3001.17(a).''
Rule 3001.21(a) is amended by replacing ``initial decision'' with
``intermediate decision.''
Rule 3001.23(a)(7) is amended by replacing ``initial or recommended
decision'' with ``intermediate decision.''
Rule 3001.23(a)(9) is amended by replacing ``initial or recommended
decision'' with ``intermediate decision.''
[[Page 22822]]
Rule 3001.24(a) is amended by deleting ``recommended decision or''
and obsolete references to sections 3622 and 3623 of the Act.
Rule 3001.24(d)(6) is amended by deleting obsolete references to
sections 3622 and 3623 of the Act.
Rule 3001.25(a) is amended by deleting obsolete references to
sections 3622, 3623, and 3662 of the Act.
Rule 3001.27(b) is amended by replacing ``through .12'' with
``through 3001.12''.
Rule 3001.30(d) is amended by deleting obsolete references to
sections 3622 and 3623 of the Act and by adding ``and set for hearing
pursuant to Sec. 3001.18(a)'' to the end of the first sentence.
Rule 3001.30(e)(2) is amended by replacing the reference to
testimony ``OCA-T1-17'' with ``PR-T1-17''.
Rule 3001.30(h) is amended by replacing references to ``his'' with
``his/her''.
Rule 3001.31(k)(3)(i)(i) is amended by replacing ``Administrative
Office'' with ``Office of Secretary and Administration''.
Rule 3001.31a(c) is amended by deleting ``and shall be subject to
the provisions of Sec. 3001.42 of this chapter''.
Rule 3001.32(f) is amended by replacing ``allowed or requested''
with ``certified pursuant to paragraph (b)(1) of this section''; by
replacing both references to ``initial decision'' with ``intermediate
decision''; and by replacing ``at the conclusion of the proceeding''
with ``in the participants' briefs in accordance with Sec. 3001.34''.
Rule 3001.34(a) is amended by replacing ``issuance of recommended
decision or advisory opinion to the Postal Service within the
contemplation of sections 3641(a) and 3661 of the Act'' with ``issuance
of the decision or advisory opinion''.
Rule 3001.34(b)(3) is amended by replacing ``the subject matter of
the complaint, or recommended decision, advisory opinion, or public
report to be issued'' with ``and the advisory opinion or decision to be
issued''.
Rule 3001.36 is amended by deleting references to ``other
designated officers'' (including in the rule title) and by replacing
references to ``initial or recommended decisions'' with ``intermediate
decisions''. It is also amended by replacing ``shall determine the time
and place for oral argument, the issue or issues on which oral
argument'' with ``shall determine the time and place for oral argument,
and may specify the issue or issues on which oral argument''.
Rule 3001.39(c) is amended by deleting ``(initial, recommended or
tentative)'' and obsolete references to section 3622 and 3623 of the
Act, and replacing ``recommended decision, advisory opinion or public
report'' with ``intermediate decision''.
Rule 3001.40 is amended by deleting the authority citation that
follows the rule.
Rule 3001.41 is amended by deleting the authority citation that
follows the rule.
Rule 3001.43(a) is amended by deleting ``Access to documents being
considered at Commission meetings shall be obtained in the manner set
forth in Sec. 3001.42''.
Rule 3001.43(c)(10) is amended by deleting ``as provided by section
3624(a) of title 39'' and by replacing ``a civil action or proceeding''
with ``a civil action or appellate proceeding''.
Rule 3001.43(e)(4)(i) is amended by replacing ``office of the
Secretary of the Commission'' with ``reception area of the Postal
Regulatory Commission located''.
Rule 3001.43(g)(1)(iii) is amended by replacing both references to
the ``office of the Secretary'' with the ``Office of Secretary and
Administration''.
Rule 3001.43(g)(2)(iii) is amended by replacing both references to
the ``office of the Secretary'' with the ``Office of Secretary and
Administration''.
Rule 3001.72 is amended by replacing ``a recommended decision''
with ``an advisory opinion''.
Rule 3001.75 is amended to read ``The provisions of Sec. 3001.12
govern the Postal Service's service requirements for proceedings
conducted under this subpart. Service must be made on all participants
as defined in Sec. 3001.5(h)''.
III. Invitation To Comment
Interested persons are invited to comment on the proposed changes
to part 3001. Comments are due within 30 days of the date of
publication of this notice in the Federal Register.
Pursuant to 39 U.S.C. 505, James Waclawski is designated as the
Public Representative in this proceeding to represent the interests of
the general public.
IV. Ordering Paragraphs
It is ordered:
1. Docket No. RM2013-1 is established for the purpose of receiving
comments on the proposed changes to 39 CFR part 3001, as discussed in
this order.
2. Interested parties may submit comments no later than 30 days
from the date of publication of this notice in the Federal Register.
3. Pursuant to 39 U.S.C. 505, James Waclawski is appointed to serve
as Public Representative in this proceeding.
4. 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, Freedom of information,
Postal Service, Sunshine Act.
By the Commission.
Shoshana M. Grove,
Secretary.
For the reasons discussed in the preamble, the Commission proposes
to amend chapter III of title 39 of the Code of Federal Regulations 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(d); 503; 504; 3661.
Subpart A--Rules of General Applicability
0
2. Revise 3001.5 to read as follows:
Sec. 3001.5 Definitions.
(a) Act means title 39, United States Code, as amended.
(b) Postal Service means the U.S. Postal Service established by the
Act.
(c) Commission or Commissioner means, respectively, the Postal
Regulatory Commission established by the Act or a member thereof.
(d) Secretary means the Secretary or the Acting Secretary of the
Commission.
(e) Presiding officer means the Chairman of the Commission in
proceedings conducted by the Commission en banc or the Commissioner or
employee of the Commission designated to preside at hearings or
conferences.
(f) Person means an individual, a partnership, corporation, trust,
unincorporated association, public or private organization, or
governmental agency.
(g) Party means the Postal Service, a complainant, an appellant, or
a person who has intervened in a proceeding before the Commission.
(h) Participant means any party to the proceeding, including formal
intervenors as described in Sec. 3001.20, and the Public
Representative and, for the purposes of Sec. 3001.11(e), Sec.
3001.12, Sec. 3001.21, Sec. 3001.23, Sec. 3001.24, Sec. 3001.29,
Sec. 3001.30, Sec. 3001.31, and Sec. 3001.32 only, it also means
persons who are limited participators.
(i) Complainant means a person or interested party who as permitted
by
[[Page 22823]]
section 3662 of the Act files a complaint with the Commission in the
form and manner hereinafter prescribed.
(j) Hearing means a hearing under sections 556 and 557 of title 5,
U.S.C. (80 Stat. 386), as provided by section 3661 of the Act or in any
other proceeding noticed by the Commission under Sec. 3001.17 and
Sec. 3001.18(a).
(k) Record means the transcript of testimony and exhibits, together
with all papers and requests filed in the proceeding, which constitutes
the record for decision.
(l) Effective date of an order or notice issued by the Commission
or an officer of the Commission means the date of issuance unless
otherwise specifically provided.
(m) Petitioner means a person who is permitted by 39 U.S.C.
404(d)(5) to appeal to the Commission a determination of the Postal
Service to close or consolidate a post office.
(n) Commission meeting means the deliberations of at least three
Commissioners where such deliberations determine or result in the joint
conduct or disposition of official Commission business, but does not
include deliberations required or permitted by Sec. 3001.43(d) or
Sec. 3001.43(e).
(o) Ex parte communication means an oral or written communication
not on the public record with respect to which reasonable prior notice
to all participants and limited participators is not given, but it
shall not include requests for status reports on any matter or
proceeding covered by subchapter II of chapter 5 of title 5, U.S.C. or
a proceeding conducted pursuant to part 3025 of this chapter.
(p) Reserved.
(q) Public Representative or PR means an officer of the Commission
designated to represent the interests of the general public in a
Commission proceeding.
(r) Negotiated service agreement means a written contract, to be in
effect for a defined period of time, between the Postal Service and a
mailer, that provides for customer-specific rates or fees and/or terms
of service in accordance with the terms or conditions of the contract.
A rate associated with a negotiated service agreement is not rate of
general applicability.
(s) Postal service refers to the delivery of letters, printed
matter, or mailable packages, including acceptance, collection,
sorting, transportation, or other functions ancillary thereto.
(t) Product means a postal service with a distinct cost or market
characteristic for which a rate or rates are, or may reasonably be,
applied.
0
3. In Sec. 3001.7, revise paragraphs (a) and (b) to read as follows
Sec. 3001.7 Ex parte communications.
(a) Definitions--(1) Decision-making personnel. Subject to the
exception stated in paragraph (a)(2)(ii) of this section, the following
categories of persons are designated ``decision-making Commission
personnel'':
(i) The Commissioners and their personal office staffs;
(ii) The General Counsel and his/her staff;
(iii) The Director of the Office of Accountability and Compliance
and his/her staff.
(iv) Any other employee who may reasonably be expected to be
involved in the decisional process.
(2) Non-decision-making Commission personnel. The following
categories of person are designated ``non-decision-making personnel'':
(i) All Commission personnel other than decision-making Commission
personnel;
(ii) Decision-making Commission personnel not participating in the
decisional process owing to the prohibitions of Sec. 3001.8 or part
3000, subpart B of this chapter.
(b) Prohibition. In any agency proceeding conducted under section
3661 of the Act; noticed and set for hearing by the Commission pursuant
to Sec. 3001.17 and Sec. 3001.18(a); or any proceeding conducted
pursuant to part 3025 of this chapter to the extent required for the
disposition of ex parte matters as authorized by law:
* * * * *
0
4. Revise Sec. 3001.9 to read as follows:
Sec. 3001.9 Filing of documents.
(a) Filing with the Commission. The filing of each written document
required or authorized by these rules or any applicable statute, rule,
regulation, or order of the Commission, or by direction of the
presiding officer, shall be made using the Internet (Filing Online)
pursuant to Sec. 3001.10(a) at the Commission's Web site (https://www.prc.gov), unless a waiver is obtained. If a waiver is obtained, a
hard copy document may be filed either by mailing or by hand delivery
to the Office of Secretary and Administration, Postal Regulatory
Commission, 901 New York Avenue NW., Suite 200, Washington, DC 20268-
0001 during regular business hours on a date no later than that
specified for such filing. The requirements of this section do not
apply to participants other than the Postal Service in proceedings
conducted pursuant to part 3025 of this chapter.
(b) Account holder. In order for a document to be accepted using
Filing Online, it must be submitted to the Commission by a principal
account holder or an agent account holder (Filing Online account
holder). The authority of the principal account holder to represent the
participant on whose behalf the document is filed must be valid and
current, in conformance with Sec. 3001.6. The authority of an agent
account holder to submit documents for a principal account holder must
be valid and current. A principal account holder must promptly inform
the Secretary of any change in his/her authority to represent
participants in a proceeding or any change in the authority delegated
to an agent account holder to submit documents on his/her behalf.
(c) Acceptance for filing. Only such documents as conform to the
requirements of this part and any other applicable rule or order
authorized by the Commission shall be accepted for filing. In order for
a document to be accepted using Filing Online, it must be submitted to
the Commission by a Filing Online account holder.
(1) Subject to Sec. 3001.9(d):
(i) A document submitted through Filing Online is filed on the date
indicated on the receipt issued by the Secretary. It is accepted when
the Secretary, after review, has posted it on the Daily Listing page of
the Commission's Web site.
(ii) A hardcopy document is filed on the date stamped by the
Secretary. It is accepted when the Secretary, after review, has posted
it on the Daily Listing page of the Commission's Web site.
(2) Any document received after the close of regular business hours
or on a Saturday, Sunday, or federal holiday, shall be deemed to be
filed on the next regular business day.
(d) Rejected filings. Any filing that does not comply with any
applicable rule or order authorized by the Commission may be rejected.
Any filing that is rejected is deemed not to have been filed with the
Commission. If a filing is rejected, the Secretary or the Secretary's
designee will notify the person submitting the filing, indicating the
reason(s) for rejection. Acceptance for filing shall not waive any
failure to comply with this part, and such failure may be cause for
subsequently striking all or any part of any document.
(e) Account holder exemptions. Notices of intervention and comments
solicited by the Commission may be filed under temporary Filing Online
accounts. Temporary Filing Online accounts may be obtained without
meeting all of the requirements of
[[Page 22824]]
paragraphs (b) and (c) of this section, and the subscription
requirements of Sec. 3001.11(e). Other categories of documents may be
filed under temporary Filing Online accounts under extraordinary
circumstances, for good cause shown.
0
5. In Sec. 3001.10, revise paragraph (c) to read as follows:
Sec. 3001.10 Form and number of copies of documents.
* * * * *
(c) Computer media. A participant that has obtained a waiver of the
online filing requirement of Sec. 3001.9(a) may submit a document on
standard PC media, simultaneously with the filing of one printed
original and two hard copies, provided that the stored document is a
file generated in either Acrobat (pdf), Word, WordPerfect, or Rich Text
Format (rtf).
* * * * *
0
6. Revise Sec. 3001.15 to read as follows:
Sec. 3001.15 Computation of time.
Except as otherwise provided by law, in computing any period of
time prescribed or allowed by this part, or by any notice, order, rule
or regulation of the Commission or a presiding officer, the day of the
act, event, or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed is
to be included unless it is a Saturday, Sunday, or federal holiday, in
which event the period runs until the end of the next day which is
neither a Saturday, Sunday, nor a federal holiday. In computing a
period of time which is 5 days or fewer, all Saturdays, Sundays, and
federal holidays are to be excluded.
0
7. Revise Sec. 3001.18 to read as follows:
Sec. 3001.18 Nature of the proceedings.
(a) Proceedings to be set for hearing. Except as otherwise provided
in these rules, in any case noticed for a proceeding to be determined
on the record pursuant to Sec. 3001.17(a), the Commission may hold a
public hearing if a hearing is requested by any party to the proceeding
or if the Commission in the exercise of its discretion determines that
a hearing is in the public interest. The Commission may give notice of
its determination that a hearing shall be held in its original notice
of the proceeding or in a subsequent notice issued pursuant to
paragraph (b) of this section and Sec. 3001.9.
(b) Procedure in hearing cases. In proceedings which are to be set
for hearing, the Commission shall issue a notice of hearing or
prehearing conference pursuant to Sec. 3001.19. After the completion
of the hearing, the Commission or the presiding officer shall receive
such briefs and hear such oral argument as may be ordered by the
Commission or the presiding officer pursuant to Sec. 3001.34 and Sec.
3001.37. The Commission shall then issue an advisory opinion or final
decision, as appropriate.
(c) Procedure in non-hearing cases. In any case noticed for a
proceeding to be determined on the record in which a hearing is not
requested by any party or ordered by the Commission, the Commission or
the presiding officer shall issue a notice of the procedure to be
followed with regard to the filing of briefs and oral argument. The
Commission shall then issue an advisory opinion or final decision, as
appropriate. The Commission or presiding officer may, if necessary or
desirable, call procedural conferences by issuance of a notice pursuant
to Sec. 3001.19.
0
8. Revise Sec. 3001.19 to read as follows:
Sec. 3001.19 Notice of prehearing conference or hearing.
In any proceeding noticed for a proceeding on the record pursuant
to Sec. 3001.17(a), the Commission shall give due notice of any
prehearing conference or hearing by including the time and place of the
conference or hearing in the notice of proceeding or by subsequently
issuing a notice of prehearing conference or hearing. Such notice of
prehearing conference or hearing shall give the title and docket
designation of the proceeding, a reference to the original notice of
proceeding and the date of such notice, and the time and place of the
conference or hearing. Such notice shall be published in the Federal
Register and served on all participants in the proceeding. Notice of
the time and place where a hearing will be reconvened shall be served
on all participants in the proceeding unless announcement was made
thereof by the presiding officer at the adjournment of an earlier
session of the prehearing conference or hearing.
0
9. Revise Sec. 3001.20a to read as follows:
Sec. 3001.20a Limited participation by persons not parties.
Notwithstanding the provisions of Sec. 3001.20, any person may
appear as a limited participator in any case that is noticed for a
proceeding pursuant to Sec. 3001.17(a), in accordance with the
following provisions:
(a) Form of intervention. Notices of intervention as a limited
participator shall be in writing, shall set forth the nature and extent
of the intervenor's interest in the proceeding, and shall conform to
the requirements of Sec. Sec. 3001.9 through 3001.12.
(b) Oppositions. Oppositions to notices to intervene as a limited
participator may be filed by any participant in the proceeding no later
than 10 days after the notice of intervention as a limited participator
is filed.
(c) Scope of participation. Subject to the provisions of Sec.
3001.30(f), limited participators may present evidence which is
relevant to the issues involved in the proceeding and their testimony
shall be subject to cross-examination on the same terms applicable to
that of formal participants. Limited participators may file briefs or
proposed findings pursuant to Sec. 3001.34 and Sec. 3001.35, and
within 15 days after the release of an intermediate decision, or such
other time as may be fixed by the Commission, they may file a written
statement of their position on the issues. The Commission or the
presiding officer may require limited participators having
substantially like interests and positions to join together for any or
all of the above purposes. Limited participators are not required to
respond to discovery requests under Sec. Sec. 3001.25 through 3001.28
except to the extent that those requests are directed specifically to
testimony which the limited participators provided in the proceeding;
however, limited participators are advised that failure to provide
relevant and material information in support of their claims will be
taken into account in determining the weight to be placed on their
evidence and arguments.
0
10. In Sec. 3001.20b, revise the introductory paragraph and paragraph
(a) to read as follows:
Sec. 3001.20b Informal expression of views by persons not parties or
limited participators (commenters).
Notwithstanding the provisions of Sec. 3001.20 and Sec. 3001.20a,
any person may file with the Commission, in any case that is noticed
for a hearing pursuant to Sec. 3001.17(a), an informal statement of
views in writing, in accordance with the following provisions:
(a) Form of statement. A statement filed pursuant to this section
may be submitted as a hardcopy letter mailed to the Secretary or an
electronic message entered on the form provided this purpose under the
``Contact Us'' link on the Commission's Web site, https://www.prc.gov.
* * * * *
0
11. In Sec. 3001.21, revise paragraph (a) to read as follows:
[[Page 22825]]
Sec. 3001.21 Motions.
(a) Scope and contents. An application for an order or ruling not
otherwise specifically provided for in this part shall be by motion.
Motions shall set forth with particularity the ruling or relief sought,
the grounds and basis therefor, and the statutory or other authority
relied upon, and shall be filed with the Secretary and served pursuant
to the provisions of Sec. Sec. 3001.9 to 3001.12. All motions to
dismiss proceedings or other motions which involve a final
determination of the proceeding shall be addressed to the Commission.
After a presiding officer is designated in any proceeding, and before
the issuance of an intermediate decision pursuant to Sec. 3001.39 or
certification of the record to the Commission pursuant to Sec.
3001.38, all other motions in that proceeding shall be addressed to the
presiding officer.
* * * * *
0
12. In Sec. 3001.23, revise paragraphs (a)(7), (a)(8), (a)(9), and
(a)(10) to read as follows:
Sec. 3001.23 Presiding officers.
(a) * * *
(7) To dispose of procedural requests or similar matters but not,
before their intermediate decision, to dispose of motions made during
hearings to dismiss proceedings or other motions which involve a final
determination of the proceeding;
(8) Within their discretion, or upon direction of the Commission,
to certify any question to the Commission for its consideration and
disposition;
(9) To submit an intermediate decision in accordance with Sec.
3001.38 and Sec. 3001.39; and
(10) To take any other action necessary or appropriate to the
discharge of the duties vested in them, consistent with the statutory
or other authorities under which the Commission functions and with the
rules, regulations, and policies of the Commission.
* * * * *
0
13. In Sec. 3001.24, revise paragraphs (a) and (d)(6) to read as
follows:
Sec. 3001.24 Prehearing conferences.
(a) Initiation and purposes. In any proceeding the Commission or
the presiding officer may, with or without motion, upon due notice as
to time and place, direct the participants in a proceeding to appear
for a prehearing conference for the purposes of considering all
possible ways of expediting the proceeding, including those in
paragraph (d) of this section. It is the intent of the Commission to
issue its advisory opinion on requests under section 3661 of the Act
with the utmost practicable expedition. The Commission directs that
these prehearing procedures shall be rigorously pursued by the
presiding officer and all participants to that end.
* * * * *
(d) * * *
(6) Disclosure of the number, identity and qualifications of
witnesses, and the nature of their testimony, particularly with respect
to the policies of the Act and, as applicable according to the nature
of the proceeding;
* * * * *
0
14. In Sec. 3001.25, revise paragraph (a) to read as follows:
Sec. 3001.25 Discovery--general policy.
(a) Rules 26 through 28 allow discovery reasonably calculated to
lead to admissible evidence during a noticed proceeding. Generally,
discovery against a participant will be scheduled to end prior to the
receipt into evidence of that participant's direct case. An exception
to this procedure shall operate in all proceedings brought under 39
U.S.C. 3661 when a participant needs to obtain information (such as
operating procedures or data) available only from the Postal Service.
Discovery requests of this nature are permissible only for the purpose
of the development of rebuttal testimony and may be made up to 20 days
prior to the filing date for final rebuttal testimony.
* * * * *
0
15. In Sec. 3001.27, revise paragraph (b) to read as follows:
Sec. 3001.27 Requests for production of documents or things for
purpose of discovery.
* * * * *
(b) Answers. The participant responding to the request shall file
an answer with the Commission in conformance with Sec. Sec. 3001.9
through 3001.12 within 14 days after the request is filed, or within
such other period as may be fixed by the Commission or presiding
officer. The answer shall state, with respect to each item or category,
that inspection will be permitted as requested unless the request is
objected to pursuant to paragraph (c) of this section.
* * * * *
0
16. In Sec. 3001.30, revise paragraphs (d), (e)(2), and (h) to read as
follows:
Sec. 3001.30 Hearings.
* * * * *
(d) Order of procedure. In public hearings before the Commission,
the Postal Service shall open and close in proceedings which it has
initiated under section 3661 of the Act, and a complainant shall open
and close in proceedings on complaints filed under section 3662 of the
Act and set for hearing pursuant to Sec. 3001.18(a). With respect to
the order of presentation of all other participants, and in all other
proceedings, unless otherwise ordered by the Commission, the presiding
officer shall direct the order of presentation of evidence and issue
such other procedural orders as may be necessary to assure the orderly
and expeditious conclusion of the hearing.
(e) * * *
(2) Written cross-examination. Written cross-examination will be
utilized as a substitute for oral cross-examination whenever possible,
particularly to introduce factual or statistical evidence. Designations
of written cross-examination should be served in accordance with
Sec. Sec. 3001.9 through 3001.12 no later than three working days
before the scheduled appearance of a witness. Designations shall
identify every item to be offered as evidence, listing the participant
who initially posed the discovery request, the witness and/or party to
whom the question was addressed (if different from the witness
answering), the number of the request and, if more than one answer is
provided, the dates of all answers to be included in the record. (For
example, ``PR-T1-17 to USPS witness Jones, answered by USPS witness
Smith (March 1, 1997) as updated (March 21, 1997)).'' When a
participant designates written cross-examination, two hard copies of
the documents to be included shall simultaneously be submitted to the
Secretary of the Commission. The Secretary of the Commission shall
prepare for the record a packet containing all materials designated for
written cross-examination in a format that facilitates review by the
witness and counsel. The witness will verify the answers and materials
in the packet, and they will be entered into the transcript by the
presiding officer. Counsel may object to written cross-examination at
that time, and any designated answers or materials ruled objectionable
will be stricken from the record.
* * * * *
(h) Rulings on motions. The presiding officer is authorized to rule
upon any such motion not formally acted upon by the Commission prior to
the commencement of a prehearing conference or hearing where immediate
ruling is essential in order to proceed with the prehearing conference
or hearing, and upon any motion to the presiding officer filed or made
after the
[[Page 22826]]
commencement thereof, except that no motion made to the presiding
officer, a ruling upon which would involve or constitute a final
determination of the proceeding, shall be ruled upon affirmatively by
the presiding officer except as a part of his/her intermediate
decision. This section shall not preclude a presiding officer, within
his/her discretion, from referring any motion made in hearing to the
Commission for ultimate determination.
* * * * *
0
17. In Sec. 3001.31, revise paragraph (k)(3)(i)(i) to read as follows:
Sec. 3001.31 Evidence.
* * * * *
(k) * * *
(3) * * *
(i) * * *
(i) An expert on the design and operation of the program shall be
provided at a technical conference to respond to any oral or written
questions concerning information that is reasonably necessary to enable
independent replication of the program output. Machine-readable data
files and program files shall be provided in the form of a compact disk
or other media or method approved in advance by the Office of Secretary
and Administration of the Postal Regulatory Commission. Any machine-
readable data file or program file so provided must be identified and
described in accompanying hardcopy documentation. In addition, files in
text format must be accompanied by hardcopy instructions for printing
them. Files in machine code must be accompanied by hardcopy
instructions for executing them.
* * * * *
0
18. In Sec. 3001.31a, revise paragraph (c) to read as follows:
Sec. 3001.31a In camera orders.
* * * * *
(c) Release of in camera information. In camera documents and
testimony shall constitute a part of the confidential records of the
Commission. However, the Commission, on its own motion or pursuant to a
request, may make in camera documents and testimony available for
inspection, copying, or use by any other governmental agency. The
Commission shall, in such circumstances, give reasonable notice of the
impending disclosure to the affected party. However, such notice may be
waived in extraordinary circumstances for good cause.
* * * * *
0
19. In Sec. 3001.32, revise paragraph (f) to read as follows:
Sec. 3001.32 Appeals from rulings of the presiding officer.
* * * * *
(f) Review at conclusion of proceeding. If an interlocutory appeal
is not certified pursuant to paragraph (b)(1) of this section,
objection to the ruling may be raised on review of the presiding
officer's intermediate decision, or, if the intermediate decision is
omitted, in the participants' briefs in accordance with Sec. 3001.34.
* * * * *
0
20. In Sec. 3001.34, revise paragraphs (a) and (b)(3) to read as
follows:
Sec. 3001.34 Briefs.
(a) When filed. At the close of the taking of testimony in any
proceeding, the Commission or the presiding officer shall fix the time
for the filing and service of briefs, giving due regard to the timely
issuance of the decision or advisory opinion. In addition, subject to
such consideration, due regard shall be given to the nature of the
proceeding, the complexity and importance of the issues involved, and
the magnitude of the record. In cases subject to a limitation on the
time available to the Commission for decision, the Commission shall
generally direct that each participant shall file a single brief at the
same time. In cases where, because of the nature of the issues and the
record or the limited number of participants involved, the filing of
initial and reply briefs, or the filing of initial, answering, and
reply briefs, will not unduly delay the conclusion of the proceeding
and will aid in the proper disposition of the proceeding, the
participants may be directed to file more than one brief and at
different times rather than a single brief at the same time. The
presiding officer or the Commission may also order the filing of briefs
during the course of the proceeding.
(b) * * *
(3) A clear, concise and definitive statement of the position of
the filing participant as to the proposals of the Postal Service and
the advisory opinion or decision to be issued;
* * * * *
0
21. Revise Sec. 3001.36 to read as follows:
Sec. 3001.36 Oral argument before the presiding officer.
In any case in which the presiding officer is to issue an
intermediate decision, such officer may permit the presentation of oral
argument when, in his/her opinion, time permits, and the nature of the
proceedings, the complexity or importance of the issues of fact or law
involved, and the public interest warrants hearing such argument. The
presiding officer shall determine the time and place for oral argument,
and may specify the issue or issues on which oral argument is to be
presented, the order in which the presentations shall be made, and the
amount of time allowed each participant. A request for oral argument
before the issuance of an intermediate decision shall be made during
the course of the hearing on the record.
0
22. In Sec. 3001.39, revise paragraph (c) to read as follows:
Sec. 3001.39 Intermediate decisions.
* * * * *
(c) Contents. All intermediate decisions shall include findings and
conclusions, and the reasons or basis therefor, on all the material
issues of fact, law, or discretion presented on the record, and the
appropriate intermediate decision pursuant to the Act. An intermediate
decision in a proceeding under section 3661 of the Act shall include a
determination of the question of whether or not the proposed change in
the nature of postal service conforms to the policies established under
the Act.
* * * * *
Sec. 3001.40 [Amended]
0
23. Revise Sec. 3001.40 by removing the authority citation.
Sec. 3001.41 [Amended]
0
24. Revise Sec. 3001.41 by removing the authority citation.
0
25. In Sec. 3001.43, revise paragraphs (a), (c)(10), (e)(4)(i),
(g)(1)(iii), and (g)(2)(iii) to read as follows:
Sec. 3001.43 Public attendance at Commission meetings.
(a) Open Commission meetings. (1) Commissioners shall not jointly
conduct or dispose of agency business other than in accordance with
this section. Except as provided in paragraph (c) of this section,
every portion of every meeting of the Commission shall be open to
public observation.
* * * * *
(c) * * *
(10) Specifically concern the Commission's issuance of a subpoena
or the Commission's participation in a civil action or appellate
proceeding, an action in a foreign court or international tribunal, or
an arbitration, or the initiation, conduct or disposition by the
Commission of a particular case of formal Commission adjudication
pursuant to the procedures in section 554 of title 5, U.S.C. or
otherwise
[[Page 22827]]
involving a determination on the record after opportunity for a
hearing.
* * * * *
(e) * * *
(4) * * *
(i) Publicly posting a copy of the document in the reception area
of the Postal Regulatory Commission located at 901 New York Avenue NW.,
Suite 200, Washington, DC 20268-0001;
* * * * *
(g) * * *
(1) * * *
(iii) Ten copies of such requests must be received by the Office of
Secretary and Administration no later than three working days after the
issuance of the notice of meeting to which the request pertains.
Requests received after that time will be returned to the requester
with a statement that the request was untimely received and that copies
of any nonexempt portions of the transcript or minutes for the meeting
in question will ordinarily be available in the Office of Secretary and
Administration 10 working days after the meeting.
(2) * * *
(iii) Ten copies of such requests should be filed with the Office
of Secretary and Administration as soon as possible after the issuance
of the notice of meeting to which the request pertains. However, a
single copy of the request will be accepted. Requests to close meetings
must be received by the Office of Secretary and Administration no later
than the time scheduled for the meeting to which such a request
pertains.
* * * * *
Subpart D--Rules Applicable to Requests for Changes in the Nature
of Postal Services
0
26. Revise Sec. 3001.72 to read as follows:
Subpart D--Rules Applicable to Requests for Changes in the Nature
of Postal Services
Sec. 3001.72 Filing of formal requests.
Whenever the Postal Service determines to request that the
Commission issue an advisory opinion on a proposed change in the nature
of postal services subject to this subpart, the Postal Service shall
file with the Commission a formal request for such an opinion in
accordance with the requirements of Sec. Sec. 3001.9 to 3001.11 and
Sec. 3001.74. Such request shall be filed not less than 90 days in
advance of the date on which the Postal Service proposes to make
effective the change in the nature of postal services involved. Within
5 days after the Postal Service has filed a formal request for an
advisory opinion in accordance with this subsection, the Secretary
shall lodge a notice thereof with the Director of the Federal Register
for publication in the Federal Register.
0
27. Revise Sec. 3001.75 to read as follows:
Sec. 3001.75 Service by the Postal Service.
The provisions of Sec. 3001.12 govern the Postal Service's service
requirements for proceedings conducted under this subpart. Service must
be made on all participants as defined in Sec. 3001.5(h).
[FR Doc. 2013-09037 Filed 4-16-13; 8:45 am]
BILLING CODE 7710-FW-P
