Automatic Docket Closure Procedures, 43017-43019 [2015-17825]

Download as PDF Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone on the navigable waters of San Diego Bay. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: Guard, Coast Guard Auxiliary, or local, state, or federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Under the general regulations in subpart C of this part, entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (3) Upon being hailed by U.S. Coast Guard or designated patrol personnel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (4) The Coast Guard may be assisted by other federal, state, or local agencies in patrol and notification of the regulation. Dated: July 10, 2015. J.S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2015–17843 Filed 7–20–15; 8:45 am] BILLING CODE 9110–04–P POSTAL REGULATORY COMMISSION PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 39 CFR Part 3001 ■ 1. The authority citation for part 165 continues to read as follows: [Docket No. RM2015–8; Order No. 2589] Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.01. Automatic Docket Closure Procedures 2. Add § 165.T11–647 to read as follows: SUMMARY: ■ asabaliauskas on DSK5VPTVN1PROD with RULES § 165.T11–647 Safety Zone; Maritime Museum Party; San Diego, CA. (a) Location. The limits of the safety zone will include all the navigable waters within 600 feet of the fireworks barge in approximate position of 32°43.14 N, 117°10.36 W (North American Datum of 1983, World Geodetic System, 1984). (b) Enforcement period. This section will be enforced from 8:30 p.m. to 9:30 p.m. on July 23, 2015. If the event concludes prior to the schedule termination time, the COTP will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Definitions. The following definition applies to this section: Designated representative means any commissioned, warrant, or petty officer of the Coast Guard on board Coast VerDate Sep<11>2014 16:53 Jul 20, 2015 Jkt 235001 Postal Regulatory Commission. Final rule. AGENCY: ACTION: The Commission is issuing a set of final rules establishing new procedures concerning automatic closure of Commission dockets after an extended period of docket inactivity. The rules will permit a simplified docket closure process. Relative to the proposed rules, some of the changes are substantive and others are minor and non-substantive. DATES: Effective August 20, 2015. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Regulatory History 80 FR 26517, May 8, 2015 Table of Contents I. Introduction II. Comments III. Commission Analysis IV. Ordering Paragraphs PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 43017 I. Introduction The Postal Accountability and Enhancement Act (PAEA), Public Law 109–435, 120 Stat. 3198 (2006), authorizes the Commission to develop rules and establish procedures that it deems necessary and proper to carry out Commission functions.1 On May 4, 2015, the Commission issued a notice of proposed rulemaking establishing procedures that would simplify the docket closure process by permitting automatic closure of a docket following a significant period of inactivity.2 The Notice requested comments from interested persons regarding the proposed rules. The Commission received comments from the Postal Service and the Public Representative.3 After consideration of the comments submitted, the Commission adopts the proposed rules, modified as described below. II. Comments The Postal Service and Public Representative offered positive comments and suggested revisions with respect to the Commission’s proposed rules. The Postal Service agrees that an automatic closure procedure would promote efficient docket management and provide clarity for the public because it would clear out items listed on the Commission’s Web site. Postal Service Comments at 1. However, the Postal Service has concerns that, in certain proceedings, a docket may be automatically closed due to 12 consecutive months of inactivity prior to a final order being issued by the Commission. Id. at 1–2. The Postal Service recommends proposed rule 3001.44(a) be revised to indicate that if the final order in a docket is pending, it will not be subject to automatic closure. Id. at 2. In addition, the Postal Service recommends that the Commission provide notice to the public of the impending docket closure at least 30 days prior to the automatic closure date. Id. The Postal Service also suggests that a motion to stay automatic closure be filed at least 15 days prior to closing, rather than 10 days prior to closing, in order to provide parties ample time to 1 See 39 U.S.C. 503; see also Postal Reorganization Act, Public Law 91–375, 84 Stat. 759 (1970), at section 3603. 2 Docket No. RM2015–8, Order No. 2465, Notice of Proposed Rulemaking Regarding Automatic Closure of Inactive Dockets, May 4, 2015 (Notice); see also 80 FR 26517 (May 8, 2015). 3 See Initial Comments of the United States Postal Service, June 8, 2015 (Postal Service Comments); Public Representative Comments, June 8, 2015 (PR Comments). E:\FR\FM\21JYR1.SGM 21JYR1 43018 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations asabaliauskas on DSK5VPTVN1PROD with RULES file answers pursuant to rule 3001.21. Id. at 2–3. Finally, the Postal Service argues that because the Commission does not file motions under rule 3001.21, a separate paragraph should be added to indicate that the Commission may issue an order sua sponte keeping a docket open. Id. at 3. The Public Representative supports the establishment of rules that create more streamlined procedures for closing inactive dockets. PR Comments at 2. However, she recommends clarifying the meaning of ‘‘good cause’’ found in rule 3001.44(c) as interested persons may not be aware that grounds for a motion to reopen exist, and she provides definitions and terms used by other agencies. Id. The Public Representative does not go so far as to recommend filing a public notice with the Federal Register; however, she suggests providing notification to the public via the Commission’s Web site. She argues that such a notice would ‘‘achieve due process and transparency without significant administrative burden or loss of efficiency.’’ Id. at 3. Finally, the Public Representative recommends that the rules be revised in order to clarify that the Commission may issue an order sua sponte, keeping a docket open or reopening an automatically closed docket, as the Commission does not file motions pursuant to rule 3001.21. Id. at 2–3. III. Commission Analysis Proposed rule 3001.44(a). Paragraph (a) of proposed rule 3001.44 would permit the Commission to automatically close a docket after 12 consecutive months of inactivity, in order to ensure that information provided to the public on the status of dockets remains current. In its comments, the Postal Service describes a situation that could arise in which a docket has been automatically closed due to inactivity despite the eventual issuance of a final order. The Postal Service provides examples of similar situations including Docket No. MC2010–24, concerning the Commission’s review of Nonpostal Services language for the Mail Classification Schedule (MCS). The initial notice was issued on May 5, 2010, and comments were received on June 4, 2010, and June 18, 2010.4 However, the docket saw no further 4 See Docket No. MC2010–24, Order No. 457, Notice and Order Concerning Mail Classification Schedule Language for Nonpostal Services, May 7, 2010; see also Public Representative Comments in Response to Order No. 457, June 4, 2010; Reply Comments of the United States Postal Service Pursuant to Order No. 457, June 18, 2010. VerDate Sep<11>2014 16:53 Jul 20, 2015 Jkt 235001 activity until the Commission issued its final order on December 11, 2012.5 The Postal Service recommends the Commission add language to paragraph (a) indicating that if the final order in a docket is pending, it will not be subject to automatic closure. Based on consideration of the Postal Service’s comment and the possibility that certain dockets may take significant time to resolve, the Commission agrees with the Postal Service that a revision to the rule is necessary. Paragraph (a) will be revised to exclude from automatic closure those dockets in which a final determination by the Commission is required by rule or statute, or if the Commission has otherwise indicated a final order is forthcoming in the docket, but is still outstanding. Proposed rule 3001.44(b) and (d). Both the Postal Service and the Public Representative recommend revisions to the proposed rules that would clarify the Commission’s ability to issue an order staying automatic closure or reopening an automatically closed docket as the Commission does not file motions pursuant to rule 3001.21. The Commission recognizes that proposed paragraphs (b) and (d), could be interpreted to read that the Commission may stay automatic closure or reopen an automatically closed docket via motion. As the Commission would instead issue an order sua sponte, clarification to the rule is necessary. The Commission declines to adopt the particular revised language proposed by the Postal Service and instead revises proposed paragraphs (b) and (d) by removing both paragraphs from proposed rule 3001.44 to create new rule 3001.45. As revised, rule 3001.44 describes automatic docket closure and rule 3001.45 describes actions permitted by interested persons and the Commission concerning automatic docket closure. Subparagraphs (a)(2) and (b)(2) were added to indicate the Commission may stay an automatic docket closure or reopen an automatically closed docket upon its own order. In addition, the Public Representative argues that proposed rule 3001.44(d) could benefit from a more detailed definition of ‘‘good cause.’’ PR 5 See Docket No. MC2010–24, Order Approving Mail Classification Schedule Descriptions and Prices for Nonpostal Service Products, December 11, 2012 (Order No. 1575). Docket No. MC2010–24 was established to consider the Postal Service’s proposed nonpostal MCS language filed in different dockets and the final order was delayed pending completion of litigation and resolution of Docket No. MC2008–1 (Phase II R), which involved Commission review (on remand) of nonpostal services. Order No. 1575 at 3; see also Docket No. MC2008–1 (Phase II R), Order No. 1326, Order Resolving Issues on Remand, April 30, 2012. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Comments at 2. She provides terms used by other agencies such as ‘‘new and material information’’ not available or known at the time of the determination. Id. However, the addition of specific terms such as ‘‘new’’ and ‘‘material,’’ or requiring that information became available only after a docket was automatically closed, creates restrictive requirements that may unintentionally limit interested persons from requesting an automatically closed docket be reopened. The Commission favors the use of a broader term that puts fewer limits on an interested person’s justification for a motion to reopen an automatically closed docket and prefers to use its discretion when evaluating whether the justification for reopening an automatically closed docket qualifies as ‘‘good cause.’’ 6 The Commission, therefore, declines to adopt the Public Representative’s recommended revisions to rule 3001.44(d). Finally, proposed rule 3001.44(b) required a motion to stay automatic closure be filed at least 10 days prior to the automatic closure date. The Postal Service suggested an increase in the time for filing a motion to stay from 10 days to 15 days prior to the automatic docket closure date, in order to provide any participant with an opportunity to answer the motion pursuant to rule 3001.21(b). Postal Service Comments at 2–3. The Commission agrees and accepts the Postal Service’s recommendation. This revision is reflected in rule 3001.45(a)(1) and (a)(2). Public notice. The Postal Service suggests some form of public notice be given 30 days prior to the automatic closure date. Postal Service Comments at 2. The Public Representative argues that a formal public notice (published in the Federal Register) is unnecessary and instead recommends a portion on the Commission’s Web site be used to broadcast dockets that would automatically close in the next 6 months and provide the deadline for filing a motion to stay automatic closure. PR Comments at 3. The Commission finds merit in providing transparency to the docket closure process as suggested by the Postal Service and Public Representative. Providing information concerning potential automatic docket closures on the Commission’s Web site 6 See Docket No. RM2012–4, Order No. 2080, Order Adopting Amended Rules of Procedure for Nature of Service Proceedings Under 39 U.S.C. 3611, May 20, 2014, at 16. In Docket No. RM2012– 4, when prompted by commenters to clarify the meaning of ‘‘good cause,’’ the Commission found it was unnecessary to specify what circumstances qualified as ‘‘good cause’’ because the standard was intended to be ‘‘flexible and dependent upon specific factual circumstances.’’ Id. E:\FR\FM\21JYR1.SGM 21JYR1 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations will not be costly nor will it materially interfere with the simplification of the docket closure process. The Commission revises the rule to include a new paragraph that states each month the Commission will post on its Web site a list of dockets that will, without action taken by parties or the Commission, be subject to automatic closure in the following month and the scheduled date of closure for each docket. This revision is reflected in rule 3001.44(b). Additional minor correction. The Commission makes the following minor correction: • In paragraphs (a) and (b) of rule 3001.45 ‘‘any interested party or participant’’ is simplified to read ‘‘interested persons.’’ IV. Ordering Paragraphs It is ordered: 1. Part 3001 of title 39, Code of Federal Regulations, is revised as set forth below the signature of this Order, effective 30 days after publication in the Federal Register. 2. The Secretary shall arrange for publication of this order in the Federal Register. List of Subjects in 39 CFR Part 3001 Administrative practice and procedure, Postal Service. For the reasons discussed in the preamble, the Commission amends chapter III of title 39 of the Code of Federal Regulations as follows: § 3001.45 Motions to Stay Automatic Closure or Reopen Automatically Closed Dockets. (a) Motion to stay automatic closure. (1) Interested persons, including the Postal Service or a Public Representative, may file a motion to stay automatic closure, pursuant to § 3001.21, and request that the docket remain open for a specified term not to exceed 12 months. Motions to stay automatic closure must be filed at least 15 days prior to the automatic closure date. (2) The Commission may order a docket remain open for a specified term not to exceed 12 months and must file such order at least 15 days prior to the automatic closure date. (b) Motion to reopen automatically closed docket. (1) If, at any time after a docket has been automatically closed, interested persons, including the Postal Service or a Public Representative, may file a motion to reopen an automatically closed docket, pursuant to § 3001.21, and must set forth with particularity good cause for reopening the docket. (2) The Commission may order an automatically closed docket to be reopened, and must set forth with particularity good cause for reopening the docket. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2015–17825 Filed 7–20–15; 8:45 am] BILLING CODE 7710–FW–P PART 3001—RULES OF PRACTICE AND PROCEDURE FEDERAL COMMUNICATIONS COMMISSION 1. The authority citation of part 3001 continues to read as follows: 47 CFR Part 1 Authority: 39 U.S.C. 404(d); 503; 504; 3661. [MD Docket Nos. 14–92; 15–121; 15–121; FCC 15–59] ■ ■ 2. Add § 3001.44 to read as follows: asabaliauskas on DSK5VPTVN1PROD with RULES § 3001.44 Docket. Automatic Closure of Inactive (a) The Commission shall automatically close a docket in which there has been no activity of record by any interested person for 12 consecutive months, except those dockets in which the Commission must issue a final determination by rule or statute, or if the Commission has otherwise indicated a final order is forthcoming in the docket and has yet to do so. (b) Each month the Commission shall post on the Web site a list of dockets that will be subject to automatic closure in the following month and will include the date on which the docket will automatically close. ■ 3. Add § 3001.45 to read as follows: VerDate Sep<11>2014 16:53 Jul 20, 2015 Jkt 235001 Assessment and Collection of Regulatory Fees for Fiscal Year 2015 Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) eliminates the regulatory fee components of two fee categories, the amateur radio Vanity Call Sign and the General Mobile Radio Service (GMRS); establishes a new Direct Broadcast Satellite (DBS) regulatory fee category; provides specific instructions for RespOrgs (Responsible Organizations), holders of toll free numbers that are subject to regulatory fees, and amends rule provisions to specify that debts owed to the SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 43019 Commission that have been delinquent for a period of 120 days shall be transferred to the Secretary of the Treasury. DATES: Effective July 21, 2015. FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing Director at (202) 418–0444. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order, FCC 15–59, MD Docket No. 15–121, adopted on May 20, 2015 and released May 21, 2015. I. Procedural Matters Final Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act of 1980 (RFA),1 the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order. Congressional Review Act 2. The Commission will send a copy of this Report and Order and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. 5 U.S.C. 801(a)(1)(A). Final Paperwork Reduction Act of 1995 Analysis 3. This Report and Order does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506 (c) (4). 4. Finally, in the Order section of this document, we amend three sections of our rules 2 to conform to the Digital Accountability and Transparency Act (DATA Act) concerning when claims should be transferred to the Secretary of the Treasury.3 In particular, we make the ministerial change to our rules to specify that debts owed to the Commission that have been delinquent for a period of 120 days shall be transferred to the Secretary of the Treasury. The rules previously specified transfer of delinquent debt to the Treasury after 180 days. II. Introduction 5. In the Report and Order, the Commission adopted a proposal from 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law 104–121, Title II, 110 Stat. 847 (1996). The SBREFA was enacted as Title II of the Contract with America Advancement Act of 1996 (CWAAA). 2 47 CFR 1.1911(d), 1.1912(b)(1), 1.1917(c). 3 31 U.S.C. 3716(c)(6). E:\FR\FM\21JYR1.SGM 21JYR1

Agencies

[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43017-43019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17825]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3001

[Docket No. RM2015-8; Order No. 2589]


Automatic Docket Closure Procedures

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is issuing a set of final rules establishing 
new procedures concerning automatic closure of Commission dockets after 
an extended period of docket inactivity. The rules will permit a 
simplified docket closure process. Relative to the proposed rules, some 
of the changes are substantive and others are minor and non-
substantive.

DATES: Effective August 20, 2015.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    80 FR 26517, May 8, 2015

Table of Contents

I. Introduction
II. Comments
III. Commission Analysis
IV. Ordering Paragraphs

I. Introduction

    The Postal Accountability and Enhancement Act (PAEA), Public Law 
109-435, 120 Stat. 3198 (2006), authorizes the Commission to develop 
rules and establish procedures that it deems necessary and proper to 
carry out Commission functions.\1\
---------------------------------------------------------------------------

    \1\ See 39 U.S.C. 503; see also Postal Reorganization Act, 
Public Law 91-375, 84 Stat. 759 (1970), at section 3603.
---------------------------------------------------------------------------

    On May 4, 2015, the Commission issued a notice of proposed 
rulemaking establishing procedures that would simplify the docket 
closure process by permitting automatic closure of a docket following a 
significant period of inactivity.\2\ The Notice requested comments from 
interested persons regarding the proposed rules. The Commission 
received comments from the Postal Service and the Public 
Representative.\3\ After consideration of the comments submitted, the 
Commission adopts the proposed rules, modified as described below.
---------------------------------------------------------------------------

    \2\ Docket No. RM2015-8, Order No. 2465, Notice of Proposed 
Rulemaking Regarding Automatic Closure of Inactive Dockets, May 4, 
2015 (Notice); see also 80 FR 26517 (May 8, 2015).
    \3\ See Initial Comments of the United States Postal Service, 
June 8, 2015 (Postal Service Comments); Public Representative 
Comments, June 8, 2015 (PR Comments).
---------------------------------------------------------------------------

II. Comments

    The Postal Service and Public Representative offered positive 
comments and suggested revisions with respect to the Commission's 
proposed rules.
    The Postal Service agrees that an automatic closure procedure would 
promote efficient docket management and provide clarity for the public 
because it would clear out items listed on the Commission's Web site. 
Postal Service Comments at 1. However, the Postal Service has concerns 
that, in certain proceedings, a docket may be automatically closed due 
to 12 consecutive months of inactivity prior to a final order being 
issued by the Commission. Id. at 1-2. The Postal Service recommends 
proposed rule 3001.44(a) be revised to indicate that if the final order 
in a docket is pending, it will not be subject to automatic closure. 
Id. at 2.
    In addition, the Postal Service recommends that the Commission 
provide notice to the public of the impending docket closure at least 
30 days prior to the automatic closure date. Id. The Postal Service 
also suggests that a motion to stay automatic closure be filed at least 
15 days prior to closing, rather than 10 days prior to closing, in 
order to provide parties ample time to

[[Page 43018]]

file answers pursuant to rule 3001.21. Id. at 2-3.
    Finally, the Postal Service argues that because the Commission does 
not file motions under rule 3001.21, a separate paragraph should be 
added to indicate that the Commission may issue an order sua sponte 
keeping a docket open. Id. at 3.
    The Public Representative supports the establishment of rules that 
create more streamlined procedures for closing inactive dockets. PR 
Comments at 2. However, she recommends clarifying the meaning of ``good 
cause'' found in rule 3001.44(c) as interested persons may not be aware 
that grounds for a motion to reopen exist, and she provides definitions 
and terms used by other agencies. Id.
    The Public Representative does not go so far as to recommend filing 
a public notice with the Federal Register; however, she suggests 
providing notification to the public via the Commission's Web site. She 
argues that such a notice would ``achieve due process and transparency 
without significant administrative burden or loss of efficiency.'' Id. 
at 3.
    Finally, the Public Representative recommends that the rules be 
revised in order to clarify that the Commission may issue an order sua 
sponte, keeping a docket open or reopening an automatically closed 
docket, as the Commission does not file motions pursuant to rule 
3001.21. Id. at 2-3.

III. Commission Analysis

    Proposed rule 3001.44(a). Paragraph (a) of proposed rule 3001.44 
would permit the Commission to automatically close a docket after 12 
consecutive months of inactivity, in order to ensure that information 
provided to the public on the status of dockets remains current. In its 
comments, the Postal Service describes a situation that could arise in 
which a docket has been automatically closed due to inactivity despite 
the eventual issuance of a final order. The Postal Service provides 
examples of similar situations including Docket No. MC2010-24, 
concerning the Commission's review of Nonpostal Services language for 
the Mail Classification Schedule (MCS). The initial notice was issued 
on May 5, 2010, and comments were received on June 4, 2010, and June 
18, 2010.\4\ However, the docket saw no further activity until the 
Commission issued its final order on December 11, 2012.\5\
---------------------------------------------------------------------------

    \4\ See Docket No. MC2010-24, Order No. 457, Notice and Order 
Concerning Mail Classification Schedule Language for Nonpostal 
Services, May 7, 2010; see also Public Representative Comments in 
Response to Order No. 457, June 4, 2010; Reply Comments of the 
United States Postal Service Pursuant to Order No. 457, June 18, 
2010.
    \5\ See Docket No. MC2010-24, Order Approving Mail 
Classification Schedule Descriptions and Prices for Nonpostal 
Service Products, December 11, 2012 (Order No. 1575). Docket No. 
MC2010-24 was established to consider the Postal Service's proposed 
nonpostal MCS language filed in different dockets and the final 
order was delayed pending completion of litigation and resolution of 
Docket No. MC2008-1 (Phase II R), which involved Commission review 
(on remand) of nonpostal services. Order No. 1575 at 3; see also 
Docket No. MC2008-1 (Phase II R), Order No. 1326, Order Resolving 
Issues on Remand, April 30, 2012.
---------------------------------------------------------------------------

    The Postal Service recommends the Commission add language to 
paragraph (a) indicating that if the final order in a docket is 
pending, it will not be subject to automatic closure. Based on 
consideration of the Postal Service's comment and the possibility that 
certain dockets may take significant time to resolve, the Commission 
agrees with the Postal Service that a revision to the rule is 
necessary. Paragraph (a) will be revised to exclude from automatic 
closure those dockets in which a final determination by the Commission 
is required by rule or statute, or if the Commission has otherwise 
indicated a final order is forthcoming in the docket, but is still 
outstanding.
    Proposed rule 3001.44(b) and (d). Both the Postal Service and the 
Public Representative recommend revisions to the proposed rules that 
would clarify the Commission's ability to issue an order staying 
automatic closure or reopening an automatically closed docket as the 
Commission does not file motions pursuant to rule 3001.21. The 
Commission recognizes that proposed paragraphs (b) and (d), could be 
interpreted to read that the Commission may stay automatic closure or 
reopen an automatically closed docket via motion. As the Commission 
would instead issue an order sua sponte, clarification to the rule is 
necessary. The Commission declines to adopt the particular revised 
language proposed by the Postal Service and instead revises proposed 
paragraphs (b) and (d) by removing both paragraphs from proposed rule 
3001.44 to create new rule 3001.45. As revised, rule 3001.44 describes 
automatic docket closure and rule 3001.45 describes actions permitted 
by interested persons and the Commission concerning automatic docket 
closure. Subparagraphs (a)(2) and (b)(2) were added to indicate the 
Commission may stay an automatic docket closure or reopen an 
automatically closed docket upon its own order.
    In addition, the Public Representative argues that proposed rule 
3001.44(d) could benefit from a more detailed definition of ``good 
cause.'' PR Comments at 2. She provides terms used by other agencies 
such as ``new and material information'' not available or known at the 
time of the determination. Id. However, the addition of specific terms 
such as ``new'' and ``material,'' or requiring that information became 
available only after a docket was automatically closed, creates 
restrictive requirements that may unintentionally limit interested 
persons from requesting an automatically closed docket be reopened. The 
Commission favors the use of a broader term that puts fewer limits on 
an interested person's justification for a motion to reopen an 
automatically closed docket and prefers to use its discretion when 
evaluating whether the justification for reopening an automatically 
closed docket qualifies as ``good cause.'' \6\ The Commission, 
therefore, declines to adopt the Public Representative's recommended 
revisions to rule 3001.44(d).
---------------------------------------------------------------------------

    \6\ See Docket No. RM2012-4, Order No. 2080, Order Adopting 
Amended Rules of Procedure for Nature of Service Proceedings Under 
39 U.S.C. 3611, May 20, 2014, at 16. In Docket No. RM2012-4, when 
prompted by commenters to clarify the meaning of ``good cause,'' the 
Commission found it was unnecessary to specify what circumstances 
qualified as ``good cause'' because the standard was intended to be 
``flexible and dependent upon specific factual circumstances.'' Id.
---------------------------------------------------------------------------

    Finally, proposed rule 3001.44(b) required a motion to stay 
automatic closure be filed at least 10 days prior to the automatic 
closure date. The Postal Service suggested an increase in the time for 
filing a motion to stay from 10 days to 15 days prior to the automatic 
docket closure date, in order to provide any participant with an 
opportunity to answer the motion pursuant to rule 3001.21(b). Postal 
Service Comments at 2-3. The Commission agrees and accepts the Postal 
Service's recommendation. This revision is reflected in rule 
3001.45(a)(1) and (a)(2).
    Public notice. The Postal Service suggests some form of public 
notice be given 30 days prior to the automatic closure date. Postal 
Service Comments at 2. The Public Representative argues that a formal 
public notice (published in the Federal Register) is unnecessary and 
instead recommends a portion on the Commission's Web site be used to 
broadcast dockets that would automatically close in the next 6 months 
and provide the deadline for filing a motion to stay automatic closure. 
PR Comments at 3.
    The Commission finds merit in providing transparency to the docket 
closure process as suggested by the Postal Service and Public 
Representative. Providing information concerning potential automatic 
docket closures on the Commission's Web site

[[Page 43019]]

will not be costly nor will it materially interfere with the 
simplification of the docket closure process. The Commission revises 
the rule to include a new paragraph that states each month the 
Commission will post on its Web site a list of dockets that will, 
without action taken by parties or the Commission, be subject to 
automatic closure in the following month and the scheduled date of 
closure for each docket. This revision is reflected in rule 3001.44(b).
    Additional minor correction. The Commission makes the following 
minor correction:
     In paragraphs (a) and (b) of rule 3001.45 ``any interested 
party or participant'' is simplified to read ``interested persons.''

IV. Ordering Paragraphs

    It is ordered:
    1. Part 3001 of title 39, Code of Federal Regulations, is revised 
as set forth below the signature of this Order, effective 30 days after 
publication in the Federal Register.
    2. The Secretary shall arrange for publication of this order in the 
Federal Register.

List of Subjects in 39 CFR Part 3001

    Administrative practice and procedure, Postal Service.

    For the reasons discussed in the preamble, the Commission amends 
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 of part 3001 continues to read as follows:

    Authority:  39 U.S.C. 404(d); 503; 504; 3661.

0
2. Add Sec.  3001.44 to read as follows:


Sec.  3001.44  Automatic Closure of Inactive Docket.

    (a) The Commission shall automatically close a docket in which 
there has been no activity of record by any interested person for 12 
consecutive months, except those dockets in which the Commission must 
issue a final determination by rule or statute, or if the Commission 
has otherwise indicated a final order is forthcoming in the docket and 
has yet to do so.
    (b) Each month the Commission shall post on the Web site a list of 
dockets that will be subject to automatic closure in the following 
month and will include the date on which the docket will automatically 
close.

0
3. Add Sec.  3001.45 to read as follows:


Sec.  3001.45  Motions to Stay Automatic Closure or Reopen 
Automatically Closed Dockets.

    (a) Motion to stay automatic closure. (1) Interested persons, 
including the Postal Service or a Public Representative, may file a 
motion to stay automatic closure, pursuant to Sec.  3001.21, and 
request that the docket remain open for a specified term not to exceed 
12 months. Motions to stay automatic closure must be filed at least 15 
days prior to the automatic closure date.
    (2) The Commission may order a docket remain open for a specified 
term not to exceed 12 months and must file such order at least 15 days 
prior to the automatic closure date.
    (b) Motion to reopen automatically closed docket. (1) If, at any 
time after a docket has been automatically closed, interested persons, 
including the Postal Service or a Public Representative, may file a 
motion to reopen an automatically closed docket, pursuant to Sec.  
3001.21, and must set forth with particularity good cause for reopening 
the docket.
    (2) The Commission may order an automatically closed docket to be 
reopened, and must set forth with particularity good cause for 
reopening the docket.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2015-17825 Filed 7-20-15; 8:45 am]
BILLING CODE 7710-FW-P