Motions Concerning Mail Preparation Changes, 40183-40184 [2018-17499]
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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.
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■ 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—
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*
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.
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(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;
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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 https://
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
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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.
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*
*
*
*
(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.
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*
*
*
*
[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, https://
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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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, https://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
