Motions Concerning Mail Preparation Changes, 40183-40184 [2018-17499]

Download as PDF Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules any program that is not described in paragraph (c)(1) of this section. * * * * * ■ 3. Section 600.21 is amended by revising the paragraph (a)(11) introductory text to read as follows: § 600.21 Updating application information. (a) * * * (11) For any program that is required to provide training that prepares a student for gainful employment in a recognized occupation— * * * * * PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS 4. The authority citation for part 668 continues to read as follows: ■ Authority: 20 U.S.C. 1001–1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, and 1099c–1, unless otherwise noted. § 668.6 Table of Contents [Removed and Reserved] I. Introduction II. Background III. Description of the Proposed Rule IV. Comments Requested 5. Remove and reserve § 668.6. 6. Section 668.8 is amended by revising paragraphs (d)(2)(iii) and (d)(3)(iii) to read as follows: ■ ■ § 668.8 I. Introduction The Commission initiates this notice of proposed rulemaking (NPR) to partially rescind the rule concerning procedures for mail preparation changes in response to the recent decision in United States Postal Serv. v. Postal Reg. Comm’n, 886 F.3d 1253 (D.C. Cir. 2018). Eligible program. * * * * * (d) * * * (2) * * * (iii) Provide training that prepares a student for gainful employment in a recognized occupation; and (3) * * * (iii) Provide undergraduate training that prepares a student for gainful employment in a recognized occupation; * * * * * Subpart Q—[Removed and Reserved] 7. Remove and reserve subpart Q, consisting of §§ 668.401 through 668.415. ■ Subpart R—[Removed and Reserved] 8. Remove and reserve subpart R, consisting of §§ 668.500 through 668.516. ■ [FR Doc. 2018–17531 Filed 8–10–18; 4:15 pm] BILLING CODE 4000–01–P amozie on DSK3GDR082PROD with PROPOSALS1 POSTAL REGULATORY COMMISSION 39 CFR Part 3010 [Docket No. RM2016–6; Order No. 4751] Motions Concerning Mail Preparation Changes Postal Regulatory Commission. ACTION: Proposed rulemaking. AGENCY: VerDate Sep<11>2014 17:23 Aug 13, 2018 Jkt 244001 The Commission is noticing the partial rescindment of a previously proposed rule. This notice informs the public of the docket’s reinstatement, invites public comment, and takes other administrative steps. DATES: Comments are due on or before September 13, 2018. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: SUMMARY: II. Background In Docket No. R2013–10R, the Commission determined that a change to the Intelligent Mail Barcoding (IMb) requirements constituted a change in rates requiring compliance with the price cap under 39 U.S.C. 3622.1 The Postal Service appealed the Commission’s determination to the United States Court of Appeals for the District of Columbia (the Court). In United States Postal Serv. v. Postal Reg. Comm’n, 785 F.3d 740, 751 (D.C. Cir. 2015), the Court found that ‘‘changes in rates’’ under 39 U.S.C. 3622 could include changes to mail preparation requirements and were not limited to ‘‘only changes to the official posted prices of each product.’’ Id. However, the Court remanded the matter to the Commission so that it could articulate an intelligible standard to determine when mail preparation requirement changes constitute changes in rates subject to the price cap. Id. at 744. In response to the Court’s remand, the Commission issued Order No. 3047, 1 Docket No. R2013–10, Order on Price Adjustments for Market Dominant Products and Related Mail Classification Changes, November 21, 2013, at 5–35 (Order No. 1890). PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 40183 which set forth a standard to determine when mail preparation changes require compliance with the Commission’s price cap rules.2 Under § 3010.23(d)(2), the Postal Service must make reasonable adjustments to its billing determinants to account for the effects of classification changes that result in the introduction, deletion, or redefinition of rate cells. The standard established by the Commission in Order No. 3047 provided that mail preparation changes could have rate effects when they resulted in the deletion or redefinition of rate cells as set forth by § 3010.23(d)(2). Order No. 3047 at 59. In conjunction with Order No. 3047, the Commission initiated a separate rulemaking proceeding in this docket to develop a procedural rule that would ensure the Postal Service properly accounted for the rate effects of mail preparation changes ‘‘in accordance with the Commission’s standard articulated in Order No. 3047.’’ 3 While the rulemaking was pending, the Postal Service requested the Commission reconsider the standard set forth in Order No. 3047. In response, the Commission issued Order No. 3441 resolving the request for reconsideration and maintaining the standard articulated in Order No. 3047.4 The Postal Service petitioned the Court for review of the revised standard set forth in Order Nos. 3047 and 3441.5 During the pendency of the appellate proceedings, the Commission issued Order No. 4393 in this docket, adopting a final procedural rule concerning mail preparation changes.6 The final rule institutes publication requirements for changes to mail preparation rules and requires the Postal Service to (1) affirmatively designate whether or not a change to a mail preparation 2 Docket No. R2013–10R, Order Resolving Issues on Remand, January 22, 2016 (Order No. 3047). 3 Notice of Proposed Rulemaking on Motions Concerning Mail Preparation Changes, January 22, 2016, at 1–2 (Order No. 3048). The Notice of Proposed Rulemaking on Motions Concerning Mail Preparation Changes was published in the Federal Register on February 1, 2016. See 81 FR 5085 (February 1, 2016). 4 Docket No. R2013–10R, Order Resolving Motion for Reconsideration of Commission Order No. 3047, July 20, 2016 (Order No. 3441). 5 Petition for Review, United States Postal Serv. v. Postal Reg. Comm’n, 886 F.3d 1253 (D.C. Cir. 2018). 6 Order Adopting Final Procedural Rule for Mail Preparation Changes, January 25, 2018, at 22–23 (Order No. 4393). The Order Adopting Final Procedural Rule for Mail Preparation Changes was published in the Federal Register on March 5, 2018. See 83 FR 4585 (March 5, 2018). See also Revised Notice of Proposed Rulemaking, March 27, 2017 (Order No. 3827). The Revised Notice of Proposed Rulemaking was published in the Federal Register on March 31, 2017. See 82 FR 16015 (March 31, 2017). E:\FR\FM\14AUP1.SGM 14AUP1 40184 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules requirement implicates the price cap; and (2) show by a preponderance of the evidence, if the designation is challenged, that the price cap does not apply to the change. The Postal Service also petitioned the Court for review of this final rule.7 Shortly after the Commission adopted the final rule in this docket, the Court issued its decision in United States Postal Serv. v. Postal Reg. Comm’n, 886 F.3d 1253 (D.C. Cir. 2018), vacating the Commission’s standard in Order No. 3047. As a result of this decision, the Commission and the Postal Service filed a joint motion to remand the appeal of the final rule back to the Commission for further proceedings.8 The Commission institutes this NPR in response to the Court’s order granting the motion for remand.9 As indicated in Order No. 4393, in addition to the reporting requirement, the procedural rule set forth requirements designed to ensure compliance with the price cap based on the Commission’s standard articulated in Order No. 3047. Because the substantive standard established in Order No. 3047 was vacated by the Court, the Commission proposes to rescind part of the final rule that relies upon the standard. The Commission intends to develop an appropriate standard and propose other appropriate rules implementing that standard in due course. amozie on DSK3GDR082PROD with PROPOSALS1 III. Description of the Proposed Rule The proposed rule revises § 3010.23(d)(5). As described above, § 3010.23(d)(5) institutes a reporting requirement whereby the Postal Service must provide published notice of all mail preparation changes in a single source. The Postal Service began complying with the reporting requirement on March 22, 2018.10 The rule also requires the Postal Service to (1) affirmatively designate whether or not an individual mail preparation change requires compliance with § 3010.23(d)(2) in accordance with the standard set forth in Order No. 3047; and (2) demonstrate by a preponderance of the evidence, in response to a challenge, that a mail preparation change does not require compliance with § 3010.23(d)(2). Both the 7 See Petition for Review, United States Postal Serv. v. Postal Reg. Comm’n, No. 18–1059 (D.C. Cir. February 26, 2018). 8 See Unopposed Motion to Remand Case, United States Postal Serv. v. Postal Reg. Comm’n, No. 18– 1059 (D.C. Cir. May 10, 2018). 9 See Order, United States Postal Serv. v. Postal Reg. Comm’n, No. 18–1059 (D.C. Cir. May 30, 2018). 10 See Updated Notice Under Rule 3010.23(d)(5), March 22, 2018. VerDate Sep<11>2014 17:23 Aug 13, 2018 Jkt 244001 designation and evidentiary burden parts of the rule require a substantive standard. Because that standard was vacated and a new standard has yet to be developed, the proposed rule revises paragraph (d)(5) and removes the affirmative designation requirement and evidentiary burden. The reporting requirement will remain in the rule and exists independent of any standard as it is necessary to provide standardized, transparent reporting of mail preparation changes.11 Although the Commission is instituting a new proceeding to seek comment on an appropriate standard to determine when mail preparation changes are ‘‘changes in rates’’ under 39 U.S.C. 3622, the absence of an immediate standard necessitates partial rescission of the rule. IV. Comments Requested By the Commission. Stacy L. Ruble, Secretary. List of Subjects in 39 CFR Part 3010 Administrative practice and procedure, Postal Service. 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: 11 See Order No. 4393 at 8–10 (justification for the reporting requirement). Frm 00026 Fmt 4702 Sfmt 4702 1. The authority citation of part 3010 continues to read as follows: ■ Authority: 39 U.S.C. 503; 3662. 2. Amend § 3010.23 by revising paragraph (d)(5) to read as follows: ■ § 3010.23 Calculation of percentage change in rates. * * * * * (d) * * * (5) Procedures for mail preparation changes. The Postal Service shall provide published notice of all mail preparation changes in a single, publicly available source. The Postal Service shall file notice with the Commission of the single source it will use to provide published notice of all mail preparation changes. * * * * * [FR Doc. 2018–17499 Filed 8–13–18; 8:45 am] Interested persons are invited to provide written comments concerning the proposed rule. As the Commission is instituting a separate proceeding for comments on a new standard, the comments should be limited to the revised procedural rule. Comments are due no later than 30 days after the date of publication of this notice in the Federal Register. All comments and suggestions received will be available for review on the Commission’s website, http:// www.prc.gov. It is ordered: 1. Interested persons may submit comments no later than 30 days from the date of the publication of this notice in the Federal Register. 2. Kenneth E. Richardson will continue to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 3. The Secretary shall arrange for publication of this order in the Federal Register. PO 00000 PART 3010—REGULATION OF RATES FOR MARKET DOMINANT PRODUCTS BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2017–0700; FRL–9982– 10—Region 5] Air Plan Approval; Indiana; CrossState Air Pollution Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state submission concerning the CrossState Air Pollution Rule (CSAPR) that was submitted by Indiana on November 27, 2017 as a revision to the Indiana State Implementation Plan (SIP). Under CSAPR, large electricity generating units (EGUs) in Indiana are subject to Federal Implementation Plans (FIPs) requiring the units to participate in CSAPR’s Federal trading program for annual emissions of nitrogen oxides (NOX), one of CSAPR’s two Federal trading programs for annual emissions of sulfur dioxide (SO2), and one of CSAPR’s two Federal trading programs for ozone season emissions of NOX. This action would approve the State’s regulations requiring large Indiana EGUs to participate in new CSAPR state trading programs for annual NOX, annual SO2, and ozone season NOX emissions integrated with the CSAPR Federal trading programs, replacing the corresponding FIP requirements. EPA is proposing to approve the SIP revision because the submittal meets the SUMMARY: E:\FR\FM\14AUP1.SGM 14AUP1

Agencies

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Proposed Rules]
[Pages 40183-40184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17499]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3010

[Docket No. RM2016-6; Order No. 4751]


Motions Concerning Mail Preparation Changes

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

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SUMMARY: The Commission is noticing the partial rescindment of a 
previously proposed rule. This notice informs the public of the 
docket's reinstatement, invites public comment, and takes other 
administrative steps.

DATES: Comments are due on or before September 13, 2018.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Background
III. Description of the Proposed Rule
IV. Comments Requested

I. Introduction

    The Commission initiates this notice of proposed rulemaking (NPR) 
to partially rescind the rule concerning procedures for mail 
preparation changes in response to the recent decision in United States 
Postal Serv. v. Postal Reg. Comm'n, 886 F.3d 1253 (D.C. Cir. 2018).

II. Background

    In Docket No. R2013-10R, the Commission determined that a change to 
the Intelligent Mail Barcoding (IMb) requirements constituted a change 
in rates requiring compliance with the price cap under 39 U.S.C. 
3622.\1\ The Postal Service appealed the Commission's determination to 
the United States Court of Appeals for the District of Columbia (the 
Court). In United States Postal Serv. v. Postal Reg. Comm'n, 785 F.3d 
740, 751 (D.C. Cir. 2015), the Court found that ``changes in rates'' 
under 39 U.S.C. 3622 could include changes to mail preparation 
requirements and were not limited to ``only changes to the official 
posted prices of each product.'' Id. However, the Court remanded the 
matter to the Commission so that it could articulate an intelligible 
standard to determine when mail preparation requirement changes 
constitute changes in rates subject to the price cap. Id. at 744.
---------------------------------------------------------------------------

    \1\ Docket No. R2013-10, Order on Price Adjustments for Market 
Dominant Products and Related Mail Classification Changes, November 
21, 2013, at 5-35 (Order No. 1890).
---------------------------------------------------------------------------

    In response to the Court's remand, the Commission issued Order No. 
3047, which set forth a standard to determine when mail preparation 
changes require compliance with the Commission's price cap rules.\2\ 
Under Sec.  3010.23(d)(2), the Postal Service must make reasonable 
adjustments to its billing determinants to account for the effects of 
classification changes that result in the introduction, deletion, or 
redefinition of rate cells. The standard established by the Commission 
in Order No. 3047 provided that mail preparation changes could have 
rate effects when they resulted in the deletion or redefinition of rate 
cells as set forth by Sec.  3010.23(d)(2). Order No. 3047 at 59. In 
conjunction with Order No. 3047, the Commission initiated a separate 
rulemaking proceeding in this docket to develop a procedural rule that 
would ensure the Postal Service properly accounted for the rate effects 
of mail preparation changes ``in accordance with the Commission's 
standard articulated in Order No. 3047.'' \3\
---------------------------------------------------------------------------

    \2\ Docket No. R2013-10R, Order Resolving Issues on Remand, 
January 22, 2016 (Order No. 3047).
    \3\ Notice of Proposed Rulemaking on Motions Concerning Mail 
Preparation Changes, January 22, 2016, at 1-2 (Order No. 3048). The 
Notice of Proposed Rulemaking on Motions Concerning Mail Preparation 
Changes was published in the Federal Register on February 1, 2016. 
See 81 FR 5085 (February 1, 2016).
---------------------------------------------------------------------------

    While the rulemaking was pending, the Postal Service requested the 
Commission reconsider the standard set forth in Order No. 3047. In 
response, the Commission issued Order No. 3441 resolving the request 
for reconsideration and maintaining the standard articulated in Order 
No. 3047.\4\ The Postal Service petitioned the Court for review of the 
revised standard set forth in Order Nos. 3047 and 3441.\5\
---------------------------------------------------------------------------

    \4\ Docket No. R2013-10R, Order Resolving Motion for 
Reconsideration of Commission Order No. 3047, July 20, 2016 (Order 
No. 3441).
    \5\ Petition for Review, United States Postal Serv. v. Postal 
Reg. Comm'n, 886 F.3d 1253 (D.C. Cir. 2018).
---------------------------------------------------------------------------

    During the pendency of the appellate proceedings, the Commission 
issued Order No. 4393 in this docket, adopting a final procedural rule 
concerning mail preparation changes.\6\ The final rule institutes 
publication requirements for changes to mail preparation rules and 
requires the Postal Service to (1) affirmatively designate whether or 
not a change to a mail preparation

[[Page 40184]]

requirement implicates the price cap; and (2) show by a preponderance 
of the evidence, if the designation is challenged, that the price cap 
does not apply to the change. The Postal Service also petitioned the 
Court for review of this final rule.\7\
---------------------------------------------------------------------------

    \6\ Order Adopting Final Procedural Rule for Mail Preparation 
Changes, January 25, 2018, at 22-23 (Order No. 4393). The Order 
Adopting Final Procedural Rule for Mail Preparation Changes was 
published in the Federal Register on March 5, 2018. See 83 FR 4585 
(March 5, 2018). See also Revised Notice of Proposed Rulemaking, 
March 27, 2017 (Order No. 3827). The Revised Notice of Proposed 
Rulemaking was published in the Federal Register on March 31, 2017. 
See 82 FR 16015 (March 31, 2017).
    \7\ See Petition for Review, United States Postal Serv. v. 
Postal Reg. Comm'n, No. 18-1059 (D.C. Cir. February 26, 2018).
---------------------------------------------------------------------------

    Shortly after the Commission adopted the final rule in this docket, 
the Court issued its decision in United States Postal Serv. v. Postal 
Reg. Comm'n, 886 F.3d 1253 (D.C. Cir. 2018), vacating the Commission's 
standard in Order No. 3047. As a result of this decision, the 
Commission and the Postal Service filed a joint motion to remand the 
appeal of the final rule back to the Commission for further 
proceedings.\8\ The Commission institutes this NPR in response to the 
Court's order granting the motion for remand.\9\
---------------------------------------------------------------------------

    \8\ See Unopposed Motion to Remand Case, United States Postal 
Serv. v. Postal Reg. Comm'n, No. 18-1059 (D.C. Cir. May 10, 2018).
    \9\ See Order, United States Postal Serv. v. Postal Reg. Comm'n, 
No. 18-1059 (D.C. Cir. May 30, 2018).
---------------------------------------------------------------------------

    As indicated in Order No. 4393, in addition to the reporting 
requirement, the procedural rule set forth requirements designed to 
ensure compliance with the price cap based on the Commission's standard 
articulated in Order No. 3047. Because the substantive standard 
established in Order No. 3047 was vacated by the Court, the Commission 
proposes to rescind part of the final rule that relies upon the 
standard. The Commission intends to develop an appropriate standard and 
propose other appropriate rules implementing that standard in due 
course.

III. Description of the Proposed Rule

    The proposed rule revises Sec.  3010.23(d)(5). As described above, 
Sec.  3010.23(d)(5) institutes a reporting requirement whereby the 
Postal Service must provide published notice of all mail preparation 
changes in a single source. The Postal Service began complying with the 
reporting requirement on March 22, 2018.\10\ The rule also requires the 
Postal Service to (1) affirmatively designate whether or not an 
individual mail preparation change requires compliance with Sec.  
3010.23(d)(2) in accordance with the standard set forth in Order No. 
3047; and (2) demonstrate by a preponderance of the evidence, in 
response to a challenge, that a mail preparation change does not 
require compliance with Sec.  3010.23(d)(2). Both the designation and 
evidentiary burden parts of the rule require a substantive standard. 
Because that standard was vacated and a new standard has yet to be 
developed, the proposed rule revises paragraph (d)(5) and removes the 
affirmative designation requirement and evidentiary burden. The 
reporting requirement will remain in the rule and exists independent of 
any standard as it is necessary to provide standardized, transparent 
reporting of mail preparation changes.\11\
---------------------------------------------------------------------------

    \10\ See Updated Notice Under Rule 3010.23(d)(5), March 22, 
2018.
    \11\ See Order No. 4393 at 8-10 (justification for the reporting 
requirement).
---------------------------------------------------------------------------

    Although the Commission is instituting a new proceeding to seek 
comment on an appropriate standard to determine when mail preparation 
changes are ``changes in rates'' under 39 U.S.C. 3622, the absence of 
an immediate standard necessitates partial rescission of the rule.

IV. Comments Requested

    Interested persons are invited to provide written comments 
concerning the proposed rule. As the Commission is instituting a 
separate proceeding for comments on a new standard, the comments should 
be limited to the revised procedural rule.
    Comments are due no later than 30 days after the date of 
publication of this notice in the Federal Register. All comments and 
suggestions received will be available for review on the Commission's 
website, http://www.prc.gov.
    It is ordered:
    1. Interested persons may submit comments no later than 30 days 
from the date of the publication of this notice in the Federal 
Register.
    2. Kenneth E. Richardson will continue to serve as an officer of 
the Commission (Public Representative) to represent the interests of 
the general public in this proceeding.
    3. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.

List of Subjects in 39 CFR Part 3010

    Administrative practice and procedure, Postal Service.

    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 3010--REGULATION OF RATES FOR MARKET DOMINANT PRODUCTS

0
1. The authority citation of part 3010 continues to read as follows:

    Authority: 39 U.S.C. 503; 3662.

0
2. Amend Sec.  3010.23 by revising paragraph (d)(5) to read as follows:


Sec.  3010.23  Calculation of percentage change in rates.

* * * * *
    (d) * * *
    (5) Procedures for mail preparation changes. The Postal Service 
shall provide published notice of all mail preparation changes in a 
single, publicly available source. The Postal Service shall file notice 
with the Commission of the single source it will use to provide 
published notice of all mail preparation changes.
* * * * *
[FR Doc. 2018-17499 Filed 8-13-18; 8:45 am]
BILLING CODE 7710-FW-P