Agency Organization, 27044-27048 [2013-10696]
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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
(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.
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 these final priorities
only on a reasoned determination that
their benefits justify their costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
regulatory action does 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 Program have been well
established over the years, as projects
similar to the ones envisioned by the
final priorities have been completed
successfully. Establishing new RRTCs
based on the final priorities will
generate new knowledge through
research and improve the lives of
individuals with disabilities. The new
RRTCs will provide support and
assistance for NIDRR grantees as they
generate, disseminate, and promote the
use of new information that will
improve the options for individuals
with disabilities to perform regular
activities of their choice in the
community.
Accessible Format: Individuals with
disabilities can obtain this document in
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an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
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: May 6, 2013.
Michael K. Yudin,
Delegated the authority to perform the
functions and the duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2013–11086 Filed 5–8–13; 8:45 am]
BILLING CODE 4000–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3002
[Order No. 1705; Docket No. RM2013–3]
Agency Organization
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is following
up on a previous rulemaking by
amending the description of its
organizational functions in its
regulations. It is also replacing its
official seal. The changes to functional
descriptions conform to expanded
responsibilities under a postal reform
law. Formal adoption of the new official
seal also conforms to the postal reform
law. Given the administrative nature of
the changes, comments are not required
or requested.
DATES: Effective June 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION: Regulatory
history: 72 FR 33165 (June 15, 2007).
SUMMARY:
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Table of Contents
I. Background
II. Changes to Part 3002
III. Effective Date
IV. Conclusion
I. Background
This final rule amends the Postal
Regulatory Commission’s organizational
description, 39 CFR part 3002, by
revising regulations that describe the
agency’s jurisdiction, seal, and
individual office components. This rule
reflects changes to the Commission’s
organization since the passage of the
Postal Accountability and Enhancement
Act (PAEA), Public Law 109–435, 120
Stat. 3198 (2006).
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 changed its
organizational structure to reflect its
responsibilities under the PAEA. These
amendments to 39 CFR part 3002 reflect
these organizational changes.
II. Changes to Part 3002
The changes adopted in this order
amend descriptions to reflect present
Commission structure. The following
list summarizes the impact of this order
on the provisions of 39 CFR part 3002
by providing a section-by-section
analysis of the amended portions of part
3002. In addition, below the signature of
the Secretary at the end of this order are
the amended sections of part 3002
reproduced in their entireties.
Rules 3002.2(a) and (b) are revised to
read as set forth in the regulatory text of
this final rule.
The indefinite suspension of Rule
3002.3 is lifted.
Rule 3002.3(a) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission.’’
Rule 3002.3(b)(1) is revised to read as
set forth in the regulatory text of this
final rule.
Rule 3002.3(b)(2) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission’’
and by replacing the former seal with
the current seal.
Rule 3002.3(c)(1) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission’’
and by deleting the word ‘‘therefore.’’
Rule 3002.3(c)(2) is amended by
replacing ‘‘Postal Rate Commission’’
with ‘‘Postal Regulatory Commission.’’
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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
Rule 3002.10(a) is amended by
replacing ‘‘the Postal Reorganization Act
(84 Stat. 719, title 39, U.S.C.)’’ with ‘‘the
Postal Accountability and Enhancement
Act (39 U.S.C. 501)’’ and by replacing
‘‘U.S. Government’’ with ‘‘federal
government’’.
Rule 3002.10(c) is amended by
replacing ‘‘and the staff components
described in §§ 3001.4, 3001.5, 3001.6
and 3001.7’’ with ‘‘and staff’’ and
‘‘§ 3001.9’’ with ‘‘§ 3001.9 of this
chapter’’, and by deleting ‘‘a library
containing legal and technical reference
materials;’’.
Rule 3002.11 is revised to read as set
forth in the regulatory text of this final
rule.
Rule 3002.12 is renamed ‘‘Office of
Accountability and Compliance’’.
Rule 3002.12(a) is amended by
replacing ‘‘Office of Rates, Analysis, and
Planning’’ with ‘‘Office of
Accountability and Compliance’’; by
deleting ‘‘(as opposed to legal)’’; and by
adding ‘‘in both domestic and
international matters, including those
governed by the Universal Postal
Union’’ to the end of the sentence.
The first sentence of Rule 3002.12(b)
is amended by replacing ‘‘This office’’
with ‘‘The Office of Accountability and
Compliance’’ and ‘‘reviewing the record
of rate and classification requests’’ with
‘‘the review of rate changes, negotiated
service agreements, classification of
products, the Annual Compliance
Determination, the Annual Report,
changes to postal services’’.
Rule 3002.12(b)(3) is amended by
replacing ‘‘by the operational
characteristics’’ with ‘‘by operational
characteristics, changes in volume, and
changes in other relevant factors’’.
Rule 3002.12(c) is revised to read as
set forth in the regulatory text of this
final rule.
Rule 301.12(d) is amended by
replacing ‘‘The office’’ with ‘‘The Office
of Accountability and Compliance’’.
Rule 3002.13 is revised to read as set
forth in the regulatory text of this final
rule.
Rule 3002.14 is renamed ‘‘The Public
Representative’’.
Rule 3002.14 is revised to read as set
forth in the regulatory text of this final
rule.
Rule 3002.15 is renamed ‘‘Office of
Public Affairs and Government
Relations.’’
Rule 3002.15 and 3002.16 are revised
to read as set forth in the regulatory text
of this final rule.
Appendix A to Part 3002 is removed.
III. Effective Date
Notice and comment are not required
under the Administrative Procedure Act
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when a rulemaking involves
‘‘interpretative rules, general statements
of policy, or rules of agency
organization, procedure, or practice.’’ 5
U.S.C. 553(b). Since these changes
concern the Commission’s rules of
agency organization, notice and
opportunity for public comment are not
required. See also 39 CFR 3001.41(e)
(stating that ‘‘[e]xcept when notice or
hearing is required by statute, the
Commission may issue at any time rules
of organization...without notice or
public procedure’’).
Generally, a rule becomes effective
not less than 30 days after publication
in the Federal Register. 39 CFR
3001.41(a). Finding no reason to deviate
from the general rule, this final rule
shall be effective 30 days following
publication in the Federal Register.
IV. Conclusion
In consideration of the foregoing, the
Commission adopts the changes to part
3002 appearing below the Secretary’s
signature in this order.
It is ordered:
1. 39 CFR part 3002 is hereby
amended as discussed in this order.
2. Amendments listed in this order
are effective 30 days following
publication of this order in the Federal
Register.
3. The Secretary shall arrange for
publication of this order in the Federal
Register.
List of Subjects in 39 CFR Part 3002
Organization and functions
(Government agencies), Seals and
insignia.
By the Commission.
Issued: April 26, 2013.
Ruth Ann Abrams,
Acting Secretary.
For the reasons discussed in the
preamble, the Postal Regulatory
Commission revises 39 CFR part 3002 to
read as follows:
■
PART 3002—ORGANIZATION
Sec.
3002.1 Purpose.
3002.2 Statutory functions.
3002.3 Official seal.
3002.4–3002.9 [Reserved]
3002.10 The Commission and its offices.
3002.11 Office of Secretary and
Administration.
3002.12 Office of Accountability and
Compliance.
3002.13 Office of the General Counsel.
3002.14 The Public Representative.
3002.15 Office of Public Affairs and
Government Relations.
3002.16 Office of Inspector General.
Authority: 39 U.S.C. 503; 5 U.S.C. 552.
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§ 3002.1
27045
Purpose.
This part is published in compliance
with 5 U.S.C. 552(a)(1) and constitutes
a general description of the Postal
Regulatory Commission.
§ 3002.2
Statutory functions.
(a) Areas of jurisdiction. The
Commission develops and maintains
regulations for a modern system of rate
regulation, including maintaining the
market dominant and competitive
product lists in the Mail Classification
Schedule and ensuring that rates meet
the requirements of 39 U.S.C. 3622 and
3633. The Commission consults with
the Postal Service on delivery service
standards and performance measures
and with the Department of State on
international postal policies. The
Commission adjudicates rate and
service complaints filed pursuant to 39
U.S.C. 3662 and offers advisory
opinions on proposed changes to postal
services pursuant to 39 U.S.C. 3661.
Pursuant to 39 U.S.C. 3651, the
Commission provides an annual report
to the President and Congress, and
pursuant to 39 U.S.C. 3653, the
Commission issues an annual
compliance determination to assess
whether the Postal Service’s rates, fees,
and services comport with the
requirements of title 39. Pursuant to 39
U.S.C. 404(d)(5), the Commission acts
on postal patrons’ appeals concerning
Postal Service decisions to close or
consolidate post offices.
(b) Public participation. Interested
persons may participate in formal
proceedings described in §§ 3001.17 and
3001.18 of this chapter as formal
intervenors (§ 3001.20 of this chapter),
limited participators (§ 3001.20a of this
chapter), or commenters (§ 3001.20b of
this chapter). Pursuant to 39 U.S.C.
3662(a) and part 3030 of this chapter,
any interested person may lodge rate
and service complaints with the
Commission. Persons served by a post
office that the Postal Service decides to
close or consolidate may appeal such
determinations in accordance with 39
U.S.C. 404(d) and part 3025 of this
chapter.
§ 3002.3
Official seal.
(a) Authority. The Seal described in
this section is hereby established as the
official seal of the Postal Regulatory
Commission.
(b) Description. (1) On a gold color
(yellow) pentagon device, the base-line
formed as a ‘‘V,’’ edged with a black
border, a black triangle point down and
between the inscription at top ‘‘Postal
Regulatory Commission’’ in white
letters and in base at the point of the
triangle three Celeste mullets two, two
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Regulatory Commission’’ and the date
‘‘2006’’, all in gold (yellow).
(2) The official seal of the Postal
Regulatory Commission is modified
when reproduced in black and white
and when embossed, as it appears in
this section.
(c) Custody and authorization to affix.
(1) The seal is the official emblem of the
Postal Regulatory Commission and its
use is permitted only as provided in this
part.
(2) The seal shall be kept in the
custody of the Secretary and is to be
used to authenticate records of the
Postal Regulatory Commission and for
other official purposes.
(3) Use by any person or organization
outside of the Commission may be made
only with the Commission’s prior
written approval. Such request must be
made in writing to the Secretary.
statute or executive order or as the
Commission directs. The Commission
shall elect annually a member of the
Commission to serve as Vice-Chairman
of the Commission for a term of one year
or until a successor is elected. In case
of a vacancy in the Office of the
Chairman of the Commission, or in the
absence or inability of the Chairman to
serve, the Vice-Chairman, unless
otherwise directed by the Chairman,
shall have the administrative
responsibilities and duties of the
Chairman during the period of vacancy,
absence, or inability.
(c) The Commission’s offices are
located at 901 New York Avenue NW.,
Suite 200, Washington, DC 20268–0001.
On these premises, the Commission
maintains offices for Commissioners
and staff; a docket room where
documents may be filed with the
Commission pursuant to § 3001.9 of this
chapter and examined by interested
persons, a public reading room where
the Commission’s public records are
available for inspection and copying;
and a hearing room where formal
evidentiary proceedings are held on
matters before the Commission. The
Commission also maintains an
electronic reading room accessible
through the Internet, on its Web site at
https://www.prc.gov.
§ 3002.11 Office of Secretary and
Administration.
§§ 3002.4–3002.9
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§ 3002.10
[Reserved]
The Commission and its offices.
(a) The Commissioners. The Postal
Regulatory Commission is an
independent establishment of the
executive branch of the federal
government created by the Postal
Accountability and Enhancement Act
(39 U.S.C. 501).
(b) The Chairman and ViceChairman. The Chairman has the
administrative responsibility for
assigning the business of the
Commission to the other Commissioners
and to the offices and employees of the
Commission. He/She has the
administrative duty to preside at the
meetings and sessions of the
Commission and to represent the
Commission in matters specified by
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(a) The incumbent head of the office
utilizes the title of ‘‘Secretary’’.
(b) The Office of Secretary and
Administration is responsible for the
Commission’s budget and accounting. In
this role, the Office of Secretary and
Administration develops, implements,
and administers the Commission’s
financial management system and
accounting activities including those
relating to the budget and the payroll; is
responsible for the Commission’s
strategic planning; and serves as the
point of contact for all Commission
contracts and audits.
(c) The Office of Secretary and
Administration is responsible for the
Commission’s human resources and
personnel. In this role, the Office of
Secretary and Administration is
responsible for Commission employee
hiring, training, travel, personnel policy
and compliance, and human capital
planning. In addition, the Office of
Secretary and Administration serves as
an Equal Employment Opportunity
Officer for the Commission and manages
the Commission’s continuity of
operations planning.
(d) The Office of Secretary and
Administration manages the
Commission’s records, including the
Commission’s seal, administrative
policies, orders, reports, and official
correspondence. In this role, the Office
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ER09MY13.003</GPH>
and one, the American Eagle with
branch and arrows derived from the
Great Seal of the United States charged
on the breast with the Commission’s
earlier round seal inscribed ‘‘Postal
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
of Secretary and Administration
manages the Commission’s dockets and
docket room, Web site, reference
materials, inter-agency reporting, and
Freedom of Information Act
responsibilities. All orders and other
actions of the Commission shall be
authenticated or signed by the Secretary
or any such other person as may be
authorized by the Commission.
(e) The Office of Secretary and
Administration is responsible for the
Commission’s facilities and
infrastructure. In this role, the Office of
Secretary and Administration manages
facility security; provides information
technology and other support services
essential to the efficient and effective
conduct of operations; acquires and
assigns office space; and manages
procurement and supply.
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§ 3002.12 Office of Accountability and
Compliance.
(a) The Office of Accountability and
Compliance is responsible for technical
analysis and the formulation of policy
recommendations for the Commission
in both domestic and international
matters, including those governed by
the Universal Postal Union.
(b) The Office of Accountability and
Compliance provides the analytic
support to the Commission for the
review of rate changes, negotiated
service agreements, classification of
products, the Annual Compliance
Determination, the Annual Report,
changes to postal services, post office
closings and other issues which come
before the Commission.’’ The functional
areas of expertise within this office are:
(1) The economic analysis of the
market for postal services including the
alternative sources for such services and
the users of the service;
(2) The analysis of the operational
characteristics of the postal system and
its interface with various segments of
the economy; and
(3) The analysis of the costs of
operating the Postal Service and how
such costs are influenced by operational
characteristics, changes in volume, and
changes in other relevant factors.
(c) These functional activities are
combined in the evaluation of the Postal
Service’s proposed rates, proposed
service changes, proposed changes to
the Mail Classification Schedule, and
product list designations, as well as
formal complaints, the Annual
Compliance Determination, and all
other proceedings, reports, and filings
before the Commission requiring such
analysis.
(d) The Office of Accountability and
Compliance also collects, analyzes, and
periodically summarizes financial and
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various other statistical information for
use in its ongoing activities and for the
development of future methods,
techniques, and systems of analysis and
reporting.
§ 3002.13
Office of the General Counsel.
(a) The General Counsel directs and
coordinates the functions of the Office
of the General Counsel. The General
Counsel does not appear as an attorney
in any proceeding before the
Commission and takes no part in the
preparation of evidence or argument
presented in such hearings.
(b) The Office of the General Counsel
provides legal assistance on matters
involving the Commission’s
responsibilities; defends Commission
decisions before the courts; and advises
the Commission on the legal aspects of
proposed legislation, rulemaking, and
policies on procurement, contracting,
personnel matters, ethics, and other
internal legal matters.
§ 3002.14
The Public Representative.
(a) Pursuant to 39 U.S.C. 505, the
Commission appoints a staff member,
on a case-by-case basis, to serve as a
representative of the general public’s
interests in public proceedings before
the Commission. This appointee is
called the Public Representative.
(b) Individuals appointed to represent
the general public are subject to the
same ex parte prohibitions as apply to
all other interested persons in the cases
to which they are assigned to the role
of the Public Representative.
§ 3002.15 Office of Public Affairs and
Government Relations.
(a) The Office of Public Affairs and
Government Relations facilitates prompt
and responsive communications for the
Commission with the public, members
of Congress, the Postal Service, state and
local governments, and the media.
(b) The Office of Public Affairs and
Government Relations has three primary
areas of responsibility: Government
Relations, Consumer Affairs, and
Communications.
(1) Government Relations. The Office
of Public Affairs and Government
Relations is the principal liaison
between the Commission and Members
of Congress. It develops and maintains
effective working relationships with
Congressional staff; monitors legislative
activity; and advises the Commission
and its staff on legislative actions and
policies related to the Commission and
its mission. The Office of Public Affairs
and Government Relations works in
conjunction with all Commission offices
to ensure that lawmakers are informed
of regulatory decisions and policies and
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that the Commission is responsive to
Congressional inquiries for technical
information. The Office of Public Affairs
and Government Relations also prepares
Commissioners and Commission staff
when called upon to provide
Congressional testimony.
(2) Consumer Affairs. As the principal
source of outreach and education to the
public, the Office of Public Affairs and
Government Relations provides
information to postal consumers and
assists in the resolution of rate and
service inquiries from members of the
public pursuant to part 3031 of this
chapter. It supports the impartial
resolution of those inquiries through use
of the Postal Service’s Office of
Consumer Advocate and reports the
results to the Commission. The Office of
Public Affairs and Government
Relations also utilizes procedures
available under the Commission’s rules
and applicable law to assist relevant
stakeholders in appeals of Postal Service
decisions to close or consolidate
individual post offices; maintains a
record of service-related inquiries; and
posts calendar updates and other public
information on the Commission’s Web
site.
(3) Communication. The Office of
Public Affairs and Government
Relations also develops public outreach
strategies for the Commission, responds
to media inquiries, and disseminates
information concerning Commission
decisions and activities to the public.
§ 3002.16
Office of Inspector General.
(a) The Office of Inspector General has
the duty and responsibility to:
(1) Provide policy direction and
conduct, supervise, and coordinate
audits and investigations relating to the
programs and operations of the
Commission;
(2) Review existing and proposed
legislation and regulations relating to
programs and operations of the
Commission;
(3) Make recommendations in
semiannual reports concerning the
impact of such legislation or regulations
on the economy and efficiency of
programs and operations administered
or financed by the Commission or on
the prevention and detection of fraud
and abuse in the Commission’s
programs and operations;
(4) Recommend policies and conduct,
supervise, or coordinate other activities
carried out or financed by the
Commission for the purpose of
preventing and detecting fraud and
abuse in its programs and operations;
(5) Recommend policies and
coordinate communications between the
Commission and other federal agencies,
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state and local government agencies,
and nongovernment entities for:
(i) All matters relating to the
promotion of economy and efficiency in
the administration of, or the prevention
and detection of fraud and abuse in,
programs and operations administered
or financed by the Commission; or
(ii) The identification and prosecution
of participants in such fraud and abuse;
(6) Keep the Commission and
Congress fully and currently informed
through reports concerning fraud and
other serious problems, abuses, and
deficiencies relating to programs and
operations administered or financed by
the Commission; recommend corrective
action concerning such problems,
abuses, and deficiencies; and report on
the progress made in implementing
such corrective action.
(b) [Reserved]
[FR Doc. 2013–10696 Filed 5–8–13; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2013–0100 FRL–9384–8]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Direct Final Rule.
AGENCY:
EPA is promulgating
significant new use rules (SNURs) under
the Toxic Substances Control Act
(TSCA) for 15 chemical substances
which were the subject of
premanufacture notices (PMNs). This
action requires persons who intend to
manufacture, import, or process any of
these 15 chemical substances for an
activity that is designated as a
significant new use by this rule to notify
EPA at least 90 days before commencing
that activity. The required notification
will provide EPA with the opportunity
to evaluate the intended use and, if
necessary, to prohibit or limit that
activity before it occurs.
DATES: This rule is effective on July 8,
2013. For purposes of judicial review,
this rule shall be promulgated at 1 p.m.
(e.s.t.) on May 23, 2013.
Written adverse or critical comments,
or notice of intent to submit adverse or
critical comments, on one or more of
these SNURs must be received on or
before June 10, 2013 (see Unit VI. of the
SUPPLEMENTARY INFORMATION).
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SUMMARY:
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For additional information on related
reporting requirement dates, see Units
I.A., VI., and VII. of the SUPPLEMENTARY
INFORMATION.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2013–0100, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave. NW.,
Washington, DC. ATTN: Docket ID
Number EPA–HQ–OPPT–2013–0100.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2013–0100. EPA’s policy is that all
comments received will be included in
the docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or
email. The regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Kenneth
Moss, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, import,
process, or use the chemical substances
contained in this rule. The following list
of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Manufacturers, importers, or
processors of one or more subject
chemical substances (NAICS codes 325
and 324110), e.g., chemical
manufacturing and petroleum refineries.
E:\FR\FM\09MYR1.SGM
09MYR1
]]>Agencies
[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27044-27048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10696]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
39 CFR Part 3002
[Order No. 1705; Docket No. RM2013-3]
Agency Organization
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is following up on a previous rulemaking by
amending the description of its organizational functions in its
regulations. It is also replacing its official seal. The changes to
functional descriptions conform to expanded responsibilities under a
postal reform law. Formal adoption of the new official seal also
conforms to the postal reform law. Given the administrative nature of
the changes, comments are not required or requested.
DATES: Effective June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
at 202-789-6820.
SUPPLEMENTARY INFORMATION: Regulatory history: 72 FR 33165 (June 15,
2007).
Table of Contents
I. Background
II. Changes to Part 3002
III. Effective Date
IV. Conclusion
I. Background
This final rule amends the Postal Regulatory Commission's
organizational description, 39 CFR part 3002, by revising regulations
that describe the agency's jurisdiction, seal, and individual office
components. This rule reflects changes to the Commission's organization
since the passage of the Postal Accountability and Enhancement Act
(PAEA), Public Law 109-435, 120 Stat. 3198 (2006).
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 changed its organizational structure to
reflect its responsibilities under the PAEA. These amendments to 39 CFR
part 3002 reflect these organizational changes.
II. Changes to Part 3002
The changes adopted in this order amend descriptions to reflect
present Commission structure. The following list summarizes the impact
of this order on the provisions of 39 CFR part 3002 by providing a
section-by-section analysis of the amended portions of part 3002. In
addition, below the signature of the Secretary at the end of this order
are the amended sections of part 3002 reproduced in their entireties.
Rules 3002.2(a) and (b) are revised to read as set forth in the
regulatory text of this final rule.
The indefinite suspension of Rule 3002.3 is lifted.
Rule 3002.3(a) is amended by replacing ``Postal Rate Commission''
with ``Postal Regulatory Commission.''
Rule 3002.3(b)(1) is revised to read as set forth in the regulatory
text of this final rule.
Rule 3002.3(b)(2) is amended by replacing ``Postal Rate
Commission'' with ``Postal Regulatory Commission'' and by replacing the
former seal with the current seal.
Rule 3002.3(c)(1) is amended by replacing ``Postal Rate
Commission'' with ``Postal Regulatory Commission'' and by deleting the
word ``therefore.''
Rule 3002.3(c)(2) is amended by replacing ``Postal Rate
Commission'' with ``Postal Regulatory Commission.''
[[Page 27045]]
Rule 3002.10(a) is amended by replacing ``the Postal Reorganization
Act (84 Stat. 719, title 39, U.S.C.)'' with ``the Postal Accountability
and Enhancement Act (39 U.S.C. 501)'' and by replacing ``U.S.
Government'' with ``federal government''.
Rule 3002.10(c) is amended by replacing ``and the staff components
described in Sec. Sec. 3001.4, 3001.5, 3001.6 and 3001.7'' with ``and
staff'' and ``Sec. 3001.9'' with ``Sec. 3001.9 of this chapter'', and
by deleting ``a library containing legal and technical reference
materials;''.
Rule 3002.11 is revised to read as set forth in the regulatory text
of this final rule.
Rule 3002.12 is renamed ``Office of Accountability and
Compliance''.
Rule 3002.12(a) is amended by replacing ``Office of Rates,
Analysis, and Planning'' with ``Office of Accountability and
Compliance''; by deleting ``(as opposed to legal)''; and by adding ``in
both domestic and international matters, including those governed by
the Universal Postal Union'' to the end of the sentence.
The first sentence of Rule 3002.12(b) is amended by replacing
``This office'' with ``The Office of Accountability and Compliance''
and ``reviewing the record of rate and classification requests'' with
``the review of rate changes, negotiated service agreements,
classification of products, the Annual Compliance Determination, the
Annual Report, changes to postal services''.
Rule 3002.12(b)(3) is amended by replacing ``by the operational
characteristics'' with ``by operational characteristics, changes in
volume, and changes in other relevant factors''.
Rule 3002.12(c) is revised to read as set forth in the regulatory
text of this final rule.
Rule 301.12(d) is amended by replacing ``The office'' with ``The
Office of Accountability and Compliance''.
Rule 3002.13 is revised to read as set forth in the regulatory text
of this final rule.
Rule 3002.14 is renamed ``The Public Representative''.
Rule 3002.14 is revised to read as set forth in the regulatory text
of this final rule.
Rule 3002.15 is renamed ``Office of Public Affairs and Government
Relations.''
Rule 3002.15 and 3002.16 are revised to read as set forth in the
regulatory text of this final rule.
Appendix A to Part 3002 is removed.
III. Effective Date
Notice and comment are not required under the Administrative
Procedure Act when a rulemaking involves ``interpretative rules,
general statements of policy, or rules of agency organization,
procedure, or practice.'' 5 U.S.C. 553(b). Since these changes concern
the Commission's rules of agency organization, notice and opportunity
for public comment are not required. See also 39 CFR 3001.41(e)
(stating that ``[e]xcept when notice or hearing is required by statute,
the Commission may issue at any time rules of organization...without
notice or public procedure'').
Generally, a rule becomes effective not less than 30 days after
publication in the Federal Register. 39 CFR 3001.41(a). Finding no
reason to deviate from the general rule, this final rule shall be
effective 30 days following publication in the Federal Register.
IV. Conclusion
In consideration of the foregoing, the Commission adopts the
changes to part 3002 appearing below the Secretary's signature in this
order.
It is ordered:
1. 39 CFR part 3002 is hereby amended as discussed in this order.
2. Amendments listed in this order are effective 30 days following
publication of this order in the Federal Register.
3. The Secretary shall arrange for publication of this order in the
Federal Register.
List of Subjects in 39 CFR Part 3002
Organization and functions (Government agencies), Seals and
insignia.
By the Commission.
Issued: April 26, 2013.
Ruth Ann Abrams,
Acting Secretary.
0
For the reasons discussed in the preamble, the Postal Regulatory
Commission revises 39 CFR part 3002 to read as follows:
PART 3002--ORGANIZATION
Sec.
3002.1 Purpose.
3002.2 Statutory functions.
3002.3 Official seal.
3002.4-3002.9 [Reserved]
3002.10 The Commission and its offices.
3002.11 Office of Secretary and Administration.
3002.12 Office of Accountability and Compliance.
3002.13 Office of the General Counsel.
3002.14 The Public Representative.
3002.15 Office of Public Affairs and Government Relations.
3002.16 Office of Inspector General.
Authority: 39 U.S.C. 503; 5 U.S.C. 552.
Sec. 3002.1 Purpose.
This part is published in compliance with 5 U.S.C. 552(a)(1) and
constitutes a general description of the Postal Regulatory Commission.
Sec. 3002.2 Statutory functions.
(a) Areas of jurisdiction. The Commission develops and maintains
regulations for a modern system of rate regulation, including
maintaining the market dominant and competitive product lists in the
Mail Classification Schedule and ensuring that rates meet the
requirements of 39 U.S.C. 3622 and 3633. The Commission consults with
the Postal Service on delivery service standards and performance
measures and with the Department of State on international postal
policies. The Commission adjudicates rate and service complaints filed
pursuant to 39 U.S.C. 3662 and offers advisory opinions on proposed
changes to postal services pursuant to 39 U.S.C. 3661. Pursuant to 39
U.S.C. 3651, the Commission provides an annual report to the President
and Congress, and pursuant to 39 U.S.C. 3653, the Commission issues an
annual compliance determination to assess whether the Postal Service's
rates, fees, and services comport with the requirements of title 39.
Pursuant to 39 U.S.C. 404(d)(5), the Commission acts on postal patrons'
appeals concerning Postal Service decisions to close or consolidate
post offices.
(b) Public participation. Interested persons may participate in
formal proceedings described in Sec. Sec. 3001.17 and 3001.18 of this
chapter as formal intervenors (Sec. 3001.20 of this chapter), limited
participators (Sec. 3001.20a of this chapter), or commenters (Sec.
3001.20b of this chapter). Pursuant to 39 U.S.C. 3662(a) and part 3030
of this chapter, any interested person may lodge rate and service
complaints with the Commission. Persons served by a post office that
the Postal Service decides to close or consolidate may appeal such
determinations in accordance with 39 U.S.C. 404(d) and part 3025 of
this chapter.
Sec. 3002.3 Official seal.
(a) Authority. The Seal described in this section is hereby
established as the official seal of the Postal Regulatory Commission.
(b) Description. (1) On a gold color (yellow) pentagon device, the
base-line formed as a ``V,'' edged with a black border, a black
triangle point down and between the inscription at top ``Postal
Regulatory Commission'' in white letters and in base at the point of
the triangle three Celeste mullets two, two
[[Page 27046]]
and one, the American Eagle with branch and arrows derived from the
Great Seal of the United States charged on the breast with the
Commission's earlier round seal inscribed ``Postal Regulatory
Commission'' and the date ``2006'', all in gold (yellow).
(2) The official seal of the Postal Regulatory Commission is
modified when reproduced in black and white and when embossed, as it
appears in this section.
[GRAPHIC] [TIFF OMITTED] TR09MY13.003
(c) Custody and authorization to affix. (1) The seal is the
official emblem of the Postal Regulatory Commission and its use is
permitted only as provided in this part.
(2) The seal shall be kept in the custody of the Secretary and is
to be used to authenticate records of the Postal Regulatory Commission
and for other official purposes.
(3) Use by any person or organization outside of the Commission may
be made only with the Commission's prior written approval. Such request
must be made in writing to the Secretary.
Sec. Sec. 3002.4-3002.9 [Reserved]
Sec. 3002.10 The Commission and its offices.
(a) The Commissioners. The Postal Regulatory Commission is an
independent establishment of the executive branch of the federal
government created by the Postal Accountability and Enhancement Act (39
U.S.C. 501).
(b) The Chairman and Vice-Chairman. The Chairman has the
administrative responsibility for assigning the business of the
Commission to the other Commissioners and to the offices and employees
of the Commission. He/She has the administrative duty to preside at the
meetings and sessions of the Commission and to represent the Commission
in matters specified by statute or executive order or as the Commission
directs. The Commission shall elect annually a member of the Commission
to serve as Vice-Chairman of the Commission for a term of one year or
until a successor is elected. In case of a vacancy in the Office of the
Chairman of the Commission, or in the absence or inability of the
Chairman to serve, the Vice-Chairman, unless otherwise directed by the
Chairman, shall have the administrative responsibilities and duties of
the Chairman during the period of vacancy, absence, or inability.
(c) The Commission's offices are located at 901 New York Avenue
NW., Suite 200, Washington, DC 20268-0001. On these premises, the
Commission maintains offices for Commissioners and staff; a docket room
where documents may be filed with the Commission pursuant to Sec.
3001.9 of this chapter and examined by interested persons, a public
reading room where the Commission's public records are available for
inspection and copying; and a hearing room where formal evidentiary
proceedings are held on matters before the Commission. The Commission
also maintains an electronic reading room accessible through the
Internet, on its Web site at https://www.prc.gov.
Sec. 3002.11 Office of Secretary and Administration.
(a) The incumbent head of the office utilizes the title of
``Secretary''.
(b) The Office of Secretary and Administration is responsible for
the Commission's budget and accounting. In this role, the Office of
Secretary and Administration develops, implements, and administers the
Commission's financial management system and accounting activities
including those relating to the budget and the payroll; is responsible
for the Commission's strategic planning; and serves as the point of
contact for all Commission contracts and audits.
(c) The Office of Secretary and Administration is responsible for
the Commission's human resources and personnel. In this role, the
Office of Secretary and Administration is responsible for Commission
employee hiring, training, travel, personnel policy and compliance, and
human capital planning. In addition, the Office of Secretary and
Administration serves as an Equal Employment Opportunity Officer for
the Commission and manages the Commission's continuity of operations
planning.
(d) The Office of Secretary and Administration manages the
Commission's records, including the Commission's seal, administrative
policies, orders, reports, and official correspondence. In this role,
the Office
[[Page 27047]]
of Secretary and Administration manages the Commission's dockets and
docket room, Web site, reference materials, inter-agency reporting, and
Freedom of Information Act responsibilities. All orders and other
actions of the Commission shall be authenticated or signed by the
Secretary or any such other person as may be authorized by the
Commission.
(e) The Office of Secretary and Administration is responsible for
the Commission's facilities and infrastructure. In this role, the
Office of Secretary and Administration manages facility security;
provides information technology and other support services essential to
the efficient and effective conduct of operations; acquires and assigns
office space; and manages procurement and supply.
Sec. 3002.12 Office of Accountability and Compliance.
(a) The Office of Accountability and Compliance is responsible for
technical analysis and the formulation of policy recommendations for
the Commission in both domestic and international matters, including
those governed by the Universal Postal Union.
(b) The Office of Accountability and Compliance provides the
analytic support to the Commission for the review of rate changes,
negotiated service agreements, classification of products, the Annual
Compliance Determination, the Annual Report, changes to postal
services, post office closings and other issues which come before the
Commission.'' The functional areas of expertise within this office are:
(1) The economic analysis of the market for postal services
including the alternative sources for such services and the users of
the service;
(2) The analysis of the operational characteristics of the postal
system and its interface with various segments of the economy; and
(3) The analysis of the costs of operating the Postal Service and
how such costs are influenced by operational characteristics, changes
in volume, and changes in other relevant factors.
(c) These functional activities are combined in the evaluation of
the Postal Service's proposed rates, proposed service changes, proposed
changes to the Mail Classification Schedule, and product list
designations, as well as formal complaints, the Annual Compliance
Determination, and all other proceedings, reports, and filings before
the Commission requiring such analysis.
(d) The Office of Accountability and Compliance also collects,
analyzes, and periodically summarizes financial and various other
statistical information for use in its ongoing activities and for the
development of future methods, techniques, and systems of analysis and
reporting.
Sec. 3002.13 Office of the General Counsel.
(a) The General Counsel directs and coordinates the functions of
the Office of the General Counsel. The General Counsel does not appear
as an attorney in any proceeding before the Commission and takes no
part in the preparation of evidence or argument presented in such
hearings.
(b) The Office of the General Counsel provides legal assistance on
matters involving the Commission's responsibilities; defends Commission
decisions before the courts; and advises the Commission on the legal
aspects of proposed legislation, rulemaking, and policies on
procurement, contracting, personnel matters, ethics, and other internal
legal matters.
Sec. 3002.14 The Public Representative.
(a) Pursuant to 39 U.S.C. 505, the Commission appoints a staff
member, on a case-by-case basis, to serve as a representative of the
general public's interests in public proceedings before the Commission.
This appointee is called the Public Representative.
(b) Individuals appointed to represent the general public are
subject to the same ex parte prohibitions as apply to all other
interested persons in the cases to which they are assigned to the role
of the Public Representative.
Sec. 3002.15 Office of Public Affairs and Government Relations.
(a) The Office of Public Affairs and Government Relations
facilitates prompt and responsive communications for the Commission
with the public, members of Congress, the Postal Service, state and
local governments, and the media.
(b) The Office of Public Affairs and Government Relations has three
primary areas of responsibility: Government Relations, Consumer
Affairs, and Communications.
(1) Government Relations. The Office of Public Affairs and
Government Relations is the principal liaison between the Commission
and Members of Congress. It develops and maintains effective working
relationships with Congressional staff; monitors legislative activity;
and advises the Commission and its staff on legislative actions and
policies related to the Commission and its mission. The Office of
Public Affairs and Government Relations works in conjunction with all
Commission offices to ensure that lawmakers are informed of regulatory
decisions and policies and that the Commission is responsive to
Congressional inquiries for technical information. The Office of Public
Affairs and Government Relations also prepares Commissioners and
Commission staff when called upon to provide Congressional testimony.
(2) Consumer Affairs. As the principal source of outreach and
education to the public, the Office of Public Affairs and Government
Relations provides information to postal consumers and assists in the
resolution of rate and service inquiries from members of the public
pursuant to part 3031 of this chapter. It supports the impartial
resolution of those inquiries through use of the Postal Service's
Office of Consumer Advocate and reports the results to the Commission.
The Office of Public Affairs and Government Relations also utilizes
procedures available under the Commission's rules and applicable law to
assist relevant stakeholders in appeals of Postal Service decisions to
close or consolidate individual post offices; maintains a record of
service-related inquiries; and posts calendar updates and other public
information on the Commission's Web site.
(3) Communication. The Office of Public Affairs and Government
Relations also develops public outreach strategies for the Commission,
responds to media inquiries, and disseminates information concerning
Commission decisions and activities to the public.
Sec. 3002.16 Office of Inspector General.
(a) The Office of Inspector General has the duty and responsibility
to:
(1) Provide policy direction and conduct, supervise, and coordinate
audits and investigations relating to the programs and operations of
the Commission;
(2) Review existing and proposed legislation and regulations
relating to programs and operations of the Commission;
(3) Make recommendations in semiannual reports concerning the
impact of such legislation or regulations on the economy and efficiency
of programs and operations administered or financed by the Commission
or on the prevention and detection of fraud and abuse in the
Commission's programs and operations;
(4) Recommend policies and conduct, supervise, or coordinate other
activities carried out or financed by the Commission for the purpose of
preventing and detecting fraud and abuse in its programs and
operations;
(5) Recommend policies and coordinate communications between the
Commission and other federal agencies,
[[Page 27048]]
state and local government agencies, and nongovernment entities for:
(i) All matters relating to the promotion of economy and efficiency
in the administration of, or the prevention and detection of fraud and
abuse in, programs and operations administered or financed by the
Commission; or
(ii) The identification and prosecution of participants in such
fraud and abuse;
(6) Keep the Commission and Congress fully and currently informed
through reports concerning fraud and other serious problems, abuses,
and deficiencies relating to programs and operations administered or
financed by the Commission; recommend corrective action concerning such
problems, abuses, and deficiencies; and report on the progress made in
implementing such corrective action.
(b) [Reserved]
[FR Doc. 2013-10696 Filed 5-8-13; 8:45 am]
BILLING CODE 7710-FW-P
