Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 51815 

1Section 601(a)(3) of the PAEA created section 

504 by re-designating then-existing section 3604 of 

title 39 as section 504. 

2Sections 601(a)(3), 604(a) and 1010(c)(1) of the 

PAEA renumbered section 3603 of the PRA as § 503 

and amended § 503 by, inter alia, replacing ‘‘Postal 

Rate Commission’’ with ‘‘Postal Regulatory 

Commission.’’ 

3See PRC Op. R94–1, paras. 3188–93 (refusal of 

Postal Service to comply with order compelling 

responses to interrogatories); and PRC Op. MC96– 

3 at 35 (refusal of Postal Service to comply with 

order directing it to present additional cost 

presentations). 

4See Report to Congress on the Use of 

Administrative Subpoena Authorities by Executive 

Branch Agencies and Entities, U.S. Department of 

Justice Office of Legal Policy (December 2002). 

Administrative subpoenas and their enforcement by 

courts must be specifically provided for by statute. 

Id. The PRA contains no provision for issuing 

administrative subpoenas. Section 555(d) of the 

APA provides that ‘‘[a]gency subpoenas authorized 

by law shall be issued to a party on request and, 

when required by rules of procedure, on a statement 

or showing of general relevance and reasonable 

scope of the evidence sought.’’ (Emphasis added.) 

Without further authorization by law, § 555(d) does 

not give an agency the power to issue subpoenas. 

Similarly, § 556(c)(2) authorizes presiding officers 

at agency hearings to ‘‘issue subpoenas authorized 

by law * * *.’’ (Emphasis added.) Once again, 

further authorization is needed for an agency to 

issue an administrative subpoena. Without the 

Continued 

maintained so as to achieve a roll rate 

not less than that obtained in paragraph 

(b). 

(d) At VD , the cockpit roll control 

must be moved suddenly and 

maintained so as to achieve a roll rate 

not less than one third of that obtained 

in paragraph (b). 

Issued in Renton, Washington, on 

September 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–24336 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL REGULATORY COMMISSION 

39 CFR Parts 3001 and 3005 

[Docket No. RM2009–12; Order No. 293] 

Subpoena Procedures 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission is proposing 

rules to address issuance of, compliance 

with, and enforcement of administrative 

subpoenas directed to the Postal 

Service. The proposed rules also 

address orders related to depositions 

and interrogatory responses. The 

Commission has developed this 

proposal in response to new statutory 

authority. It invites comments on its 

proposed approach to implementation 

of this new authority. 

DATES: Comments due November 9, 

2009. Reply comments due November 

23, 2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Background 

III. Changes Made by the PAEA 

IV. Discussion of the Proposed Rules 

V. Section-by-Section Analysis 

VI. Public Representative 

VII. Ordering Paragraphs 

I. Introduction 

This notice of proposed rulemaking is 

the latest in a series of actions being 

taken by the Postal Regulatory 

Commission (Commission) to 

implement provisions of the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law 109–435, 120 Stat. 

3198, December 20, 2006. Section 602 of 

the PAEA amends section 504 of title 39 

of the United States Code by adding a 

new paragraph 504(f) 1 which, among 

other things, authorizes: (a) The 

issuance of subpoenas requiring officers, 

employees, agents, or contractors of the 

United States Postal Service (Postal 

Service) to appear and present 

testimony or to produce documentary or 

other evidence; and (b) the issuance of 

orders that require the taking of 

depositions and responses to written 

interrogatories by any of those same 

persons. As amended, section 504 

further authorizes the enforcement of 

subpoenas by appropriate district courts 

of the United States. See 39 U.S.C. 

504(f)(3). 

II. Background 

Prior to passage of the PAEA, the 

Commission’s authority to compel the 

production of relevant information from 

the Postal Service was limited. Section 

3603 of the Postal Reorganization Act 

(PRA) 2 gave the Commission’s 

predecessor, the Postal Rate 

Commission, the authority to 

promulgate rules and regulations and 

establish procedures, subject to chapters 5 

[Administrative Procedure] and 7 [Judicial 

Review] of * * * [the Administrative 

Procedure Act, 5 U.S.C. 101, et seq.] * * *, 

and [to] take any other action they deem 

necessary and proper to carry out their 

functions and obligations to the Government 

of the United States and the people as 

prescribed under this chapter [of the PRA]. 

Acting pursuant to these authorities, the 

Postal Rate Commission established a 

number of procedures and adopted rules 

of practice. 

Among the procedures regularly used 

by the Commission and presiding 

officers in proceedings over the years 

has been the procedure of issuing 

information requests. Such requests 

have been routinely issued to obtain 

information that supplemented, 

clarified or more fully explained 

information presented by, or positions 

taken by, the Postal Service and other 

participants in Commission 

proceedings. 

In addition, the Commission’s original 

rules of practice were codified as 39 

CFR part 3001. Rule 3 of those rules 

states that ‘‘[t]he rules of practice in this 

part are applicable to proceedings before 

the * * * Commission under the Act, 

including those which involve a hearing 

on the record before the Commission or 

its designated presiding officer.’’ Several 

rules govern discovery in Commission 

proceedings: Rule 25 (Discovery— 

general policy); rule 26 (Interrogatories 

for the purpose of discovery); rule 27 

(Requests for production of documents 

or things for purpose of discovery); and 

rule 28 (Requests for admission for 

purpose of discovery). 

Prior to passage of the PAEA, there 

were occasions on which the 

Commission and the Postal Service 

could not agree on whether certain 

information requested by the 

Commission had to be produced. While 

in most cases the Commission and the 

Postal Service were able to resolve their 

disagreements in a mutually satisfactory 

manner, there were cases in which 

disagreements proved to be 

irreconcilable. In those instances, the 

Postal Service’s refusal to provide 

information delayed and complicated 

the Commission’s ability to carry out its 

duties.3 The Postal Service’s refusal to 

provide the requested information 

forced the Commission to rely upon 

alternate and less desirable information 

in order to carry out its statutory 

responsibilities. 

The Commission’s inability to obtain 

the specific information it had requested 

in those cases was ultimately due to the 

fact that the Commission could not 

enforce its orders. Neither the PRA, nor 

the Administrative Procedure Act 

(APA), authorized the Commission to 

seek a court order directing production 

of the requested information. 

The typical mechanism for enabling 

an administrative agency to compel 

production of information is the 

judicially enforceable administrative 

subpoena.4 Without the authority to 


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51816 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 

authority to issue a subpoena, an agency cannot 

seek judicial enforcement of its attempts to obtain 

information. 

5For example, the remedy for failing to obey a 

Commission order directing compliance with a 

discovery request is narrowly limited. Rule 25 of 

the rules of practice states that ‘‘[t]he Commission 

or the presiding officer may make such orders in 

regard to the failure as are just, and among others, 

may direct that the matters regarding which the 

order was made or any other designated facts shall 

be taken to be established for the purposes of the 

proceeding in accordance with the claim of the 

participants obtaining the order, or prohibit the 

disobedient participant from introducing 

designated matters in evidence, or strike the 

evidence, complaint or pleadings or parts thereof.’’ 

39 CFR 3001.25(c). Notwithstanding the potential 

availability of those remedies, there have been 

occasions on which the Postal Service has refused 

to produce data requested by a party to a 

Commission proceeding. See, e.g., Docket No. 94– 

1, Statement of the United States Postal Service 

Concerning Order No. 1034, November 3, 1994, at 

2 (Postal Service refusal to release disputed 

international mail data under amended protective 

order). 

6Prior to enactment of the PAEA, the 

Commission’s need for enhanced authority to 

compel the production of needed information was 

expressly recognized by the 2003 Report of the 

President’s Commission on the United States Postal 

Service entitled Embracing the Future: Making the 

Tough Choices to Preserve Universal Mail Service 

(Presidential Commission Report). That report 

recommended that the Commission be given ‘‘the 

authority to request accurate and complete financial 

information from the Postal Service, including 

through the use of subpoena powers, if necessary. 

* * *’’ Commission access to such information was 

deemed essential for it ‘‘to ensure financial 

transparency and make fully informed 

determinations on issues ranging from rate ceilings 

to cross-subsidies. * * *’’ Id. at 69. 

7E.g., Docket No. ACR2008, Commission 

Information Request No. 1, January 14, 2009; Docket 

No. CP2009–20, Chairman’s Information Request 

No. 1 and Notice of Filing of Questions (Under 

Seal), January 18, 2009. 

8Successful implementation of the PAEA 

depends heavily upon the cooperation of all 

participants, including the Postal Service. While the 

Commission considers its authority to compel the 

production of information an important addition to 

its regulatory tools, it hopes that resort to that new 

authority will be unnecessary. 

9The exception, discussed below, would be 

presented in those situations in which the 

Commissioners authorize the issuance of a 

subpoena without an information request having 

previously been made because of unique 

circumstances that require the immediate 

production of information. 

10While § 504(f) authorizes only the Chairman, 

Commissioners designated by the Chairman, and 

administrative law judges to issue subpoenas, 

nothing in that section precludes other persons 

from seeking the issuance of a subpoena by one of 

the three authorized officials. 

issue subpoenas and enforce them in 

court, the Commission’s only recourse 

was to deal indirectly with the Postal 

Service’s refusal to provide the desired 

information.5

III. Changes Made by the PAEA 

While limitations on the 

Commission’s ability to compel the 

production of information may have 

been acceptable prior to the passage of 

the PAEA, that is no longer the case. 

Implementation of the PAEA’s ‘‘modern 

system of regulation’’ requires that the 

Commission have access to information 

needed to insure financial transparency 

and to make informed decisions.6 To 

enable the Commission to carry out its 

mission, the PAEA strengthened the 

Commission’s ability to obtain 

information by giving it authority under 

section 504(f) to compel the production 

of relevant and material information by 

order and by subpoena. 

The pre-PAEA mechanisms for 

seeking information from the Postal 

Service remain available to the 

Commission. For example, the 

Commission continues to issue 

information requests.7 In addition, the 

rules of practice in 39 CFR part 3001 

remain in effect and will continue to 

provide important mechanisms for 

seeking needed information and data 

from the Postal Service. 

Building upon the Commission’s 

existing information collection 

mechanisms, Congress enacted 39 

U.S.C. 504(f)(2)(A) authorizing the 

issuance of subpoenas and 39 U.S.C. 

504(f)(2)(B) authorizing the issuance of 

orders to take depositions and to 

provide responses to written 

interrogatories. 

Hopefully, the mere availability of the 

new authorities in section 504 will 

facilitate the resolution of future 

disagreements between the Commission 

and the Postal Service over the 

appropriateness of producing requested 

information and resort to compulsory 

measures will be rare.8

IV. Discussion of the Proposed Rules 

The Commission is proposing the 

adoption of a new part 3005 organized 

in three subparts. Subpart A integrates 

subpart 3005 into the Commission’s 

existing rules and regulations by making 

various existing rules applicable to part 

3005. Conforming changes are proposed 

to 39 CFR 3001.3 of the rules of practice 

to make clear that the rules of practice 

apply to the new part 3005. Subpart B 

establishes regulations governing the 

issuance and enforcement of subpoenas 

under the authority of 39 U.S.C. 

504(f)(2)(A) and 504(f)(3). Finally, 

subpart C implements 39 U.S.C. 

504(f)(2)(B), which authorizes the 

ordering of depositions and responses to 

written interrogatories. Both the 

regulations in subpart B (governing 

subpoenas) and subpart C (providing for 

orders that require depositions and 

responses to written interrogatories) 

apply to ‘‘covered persons’’ as defined 

in 39 U.S.C. 504(f)(4). 

A. Part 3001—Rules of Practice and 

Procedure 

Subpart A—Rules of General 

Applicability. The Commission’s 

authority under 39 U.S.C. 504(f)(2) to 

compel the Postal Service to provide 

information applies both to proceedings 

before the Commission and to situations 

in which the Commission requires 

information from the Postal Service to 

prepare a report in order to carry out its 

functions and obligations. In both 

situations, procedures are needed to 

invoke the authority of 39 U.S.C. 

504(f)(2). The proposed amendment to 

rule 3 is being made to clarify that the 

rules of practice are to be used in 

conjunction with part 3005. This change 

is consistent with the inclusion of 

references in part 3005 to specific rules 

of practice. 

B. Part 3005—Procedures for 

Compelling Production of Information 

by the Postal Service 

Subpart A—General. This subpart 

confirms that part 3005 implements 39 

U.S.C. 504(f); makes the Commission’s 

rules of practice applicable to part 3005; 

and defines certain terms consistent 

with the definitions and usage of those 

terms in 39 U.S.C. 504(f). 

C. Part 3005—Procedures for 

Compelling the Production of 

Information by the Postal Service 

Subpart B—Subpoenas. Under the 

provisions of 39 U.S.C. 504(f)(2)(A), the 

Chairman, Commissioners designated 

by the Chairman, and administrative 

law judges appointed by the 

Commission may, upon compliance 

with certain statutory requirements, 

issue subpoenas to a ‘‘covered person.’’ 

A ‘‘covered person’’ is defined in 39 

U.S.C. 504(f)(4) to mean ‘‘an officer, 

employee, agent, or contractor of the 

Postal Service.’’ For a subpoena to be 

issued, a majority of the Commissioners 

holding office must concur in writing 

prior to its issuance. 39 U.S.C. 504(f)(2). 

The Commission can apply to an 

appropriate United States district court 

to enforce its subpoena. 39 U.S.C. 

504(f)(3). Failure to obey an order of the 

court is punishable as contempt. 

The Commission expects that in most 

cases, its subpoena authority will be 

exercised as an enforcement mechanism 

in the sense that it will be used to 

compel the production of information if 

a prior attempt to obtain the information 

was unsuccessful.9 Any Commissioner, 

administrative law judge, presiding 

officer, or third party will have an 

opportunity to invoke the procedures 

for issuing a subpoena.10


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Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 51817 

11This is not unusual since the issuance of an 

administrative subpoena is typically authorized by 

specific statutory provisions that reflect the unique 

mission and needs of a particular agency. See 

Report to Congress on the Use of Administrative 

Subpoena Authorities by Executive Branch 

Agencies and Entities Pursuant to Public Law 106– 

544, U.S. Department of Justice, Office of Legal 

Policy (2001). 

12The same would be true with respect to a 

Commission information request. Under current 

practice, any interested person can request the 

Commission to issue an information request. See, 

e.g., Docket No. ACR2008, Valpak Direct Marketing 

Systems, Inc. and Valpak Dealers’ Association, Inc. 

Motion For Issuance of Commission Information 

Request Concerning Core Costing Data On Detached 

Address Labels, January 13, 2009; and United States 

Postal Service FY2008 Annual Compliance Report, 

January 30, 2009. If the Commission issues the 

requested information request, an interested person 

could also request the issuance of a subpoena to 

enforce the information request. 

13The presiding officer could be the Chairman, 

another Commissioner, an administrative law judge 

appointed under 5 U.S.C. 3105 or a Commission 

employee. 

14By giving individuals served with a subpoena 

the opportunity to raise objections unique to them, 

the procedure will ensure their rights to due 

process are protected. This procedure will also 

obviate the need, as there is in court litigation, for 

a motion to quash the subpoena. See Fed. R. Civ. 

P. 45(c)(3). While there would be no motion to 

quash, per se, objections, attempts to reduce the 

scope of a subpoena, or requests for protective 

conditions by the Postal Service, covered persons, 

and others would be made and considered before 

issuance of the subpoena. 

15Attached to this notice is a suggested form for 

subpoenas that would be issued under this part 

3005. Comments are invited on this illustrative 

sample. 

The Commission would emphasize 

that a subpoena issued under 39 U.S.C. 

504(f)(2)(A) is not intended to be a new 

discovery tool for third parties. Instead, 

it will, in most cases, be a mechanism 

for enforcing information requests and 

discovery orders. Issuance of a 

subpoena will give the Commission the 

power to obtain information, but will 

not unnecessarily burden the Postal 

Service. Accordingly, when discovery 

disputes arise during a Commission 

proceeding, the Commission will not, in 

general, consider the issuance of a 

subpoena until the normal process of 

seeking information by means of an 

order to compel has been unsuccessful. 

It is at that point that enforcement could 

be sought by subpoena. 

As a means of enforcing information 

requests or Commission orders to 

compel, a Commission subpoena differs 

in important ways from judicial 

subpoenas.11 For example, in the 

district courts of the United States, rule 

45 of the Federal Rules of Civil 

Procedure authorizes the issuance of 

subpoenas by the clerk of the court or 

by attorneys as officers of the court 

without prior court approval. By 

contrast, the Commission’s subpoena 

power under 39 U.S.C. 504(f)(2) is more 

narrowly circumscribed and can only be 

issued by the Chairman, Commissioners 

designated by the Chairman, or 

administrative law judges appointed by 

the Commission under 5 U.S.C. 3105. 

Moreover, to be issued, a subpoena must 

receive prior written concurrence from 

the majority of Commissioners then 

holding office. 

While third parties, such as parties or 

participants in Commission 

proceedings, will not be able to issue 

their own subpoenas unilaterally as is 

the case in court litigation, they can 

benefit indirectly from the availability 

of subpoenas by having the opportunity 

to request the Commissioners or an 

administrative law judge to issue a 

subpoena. The proposed regulations 

expressly authorize such requests. 

These requests are analogous to, and a 

further extension of, the long-standing 

procedure available to participants in 

Commission hearings under which they 

can seek a Commission order 

compelling compliance with a discovery 

request. For example, proposed rule 

3005.13(a)(1) would permit a party to 

seek Commission enforcement by 

subpoena of a Commission order to 

compel a Postal Service response to the 

party’s discovery request.12

Another important difference between 

a judicial subpoena and a subpoena 

authorized by 39 U.S.C. 504(f)(2)(A) is 

that while a judicial subpoena can be 

issued to obtain information from 

almost anyone upon whom service can 

be made, a subpoena authorized by 39 

U.S.C. 504(f)(2)(A) can only seek 

information in the possession of a 

‘‘covered person,’’ i.e., ‘‘an officer, 

employee, agent, or contractor of the 

Postal Service.’’ 

The process whereby a third party 

seeks issuance of a subpoena would 

begin by filing a written motion under 

rule 21(a) of the rules of practice. In 

cases in which hearings have been 

ordered by the Commission, the motion 

would be filed with the presiding 

officer.13 In the interest of avoiding 

delay, the Commission is proposing that 

requests for administrative subpoenas 

be served on the Postal Service even if 

the information being sought is apt to be 

in the possession of a third party, such 

as a Postal Service contractor. Service 

upon the Postal Service would seem 

appropriate since the information being 

sought is information related to the 

Postal Service and the Postal Service is 

therefore the real party in interest. 

Moreover, the Postal Service is in the 

best position to know who within, or 

outside of, the Postal Service is in 

possession of the information. In the 

event the information is in the 

possession of such a third party covered 

person, the Postal Service would be 

required to transmit the request to the 

third party. 

The Postal Service and others would 

be permitted to file answers under rule 

21(b). Since a covered person other than 

the Postal Service could ultimately be 

responsible for producing the requested 

information, the Postal Service will be 

required to obtain from that covered 

person any objections that are personal 

to that covered person and to presenting 

such objections in the answer that it 

files pursuant to rule 21(b).14

Upon consideration of the motion, the 

responses, and any oral presentations, 

the presiding officer would forward a 

recommendation to the Commission 

together with the pleadings and relevant 

portions of the record. The 

Commissioners would decide whether 

issuance of a subpoena is appropriate 

and, if so, whether any conditions 

should be attached to the subpoena, 

including conditions requiring 

confidential treatment pursuant to part 

3007 of the Commission’s regulations. 

In reaching their decision, the 

Commissioners could, if they deemed it 

necessary, entertain further written or 

oral submissions before deciding 

whether to approve the issuance of a 

subpoena. 

The Commissioners who approve of 

the issuance of a subpoena would give 

their approval in writing and the 

subpoena would be issued by the 

Chairman, a Commissioner designated 

by the Chairman, or by the presiding 

officer (provided the presiding officer 

was an administrative law judge 

appointed under 5 U.S.C. 3105).15

A similar process for requesting the 

issuance of subpoenas would apply in 

situations in which hearings have not 

been ordered by the Commission. For 

example, if the Postal Service fails or 

refuses to respond to an information 

request issued by the Commission, a 

third party could file a request for the 

issuance of a subpoena. In such a case, 

a motion would be filed with the 

Secretary of the Commission under rule 

21(a). The Postal Service and other 

interested persons could file answers 

pursuant to rule 21(b) and the 

Commission would determine whether 

the subpoena should be issued. 

Individual Commissioners and 

presiding officers would also be able to 

seek the enforcement of information and 

discovery requests by subpoena in the 

absence of a third party request. 

Requests by a Commissioner or 

presiding officer would be made 

directly to the full Commission. If a 

majority of the Commissioners give 


srobinson on DSKHWCL6B1PROD with PROPOSALS
51818 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 

16These provisions are contained in proposed 

section 3005.12 and are described, infra. 

written approval, a subpoena would be 

issued by the Chairman, a 

Commissioner designated by the 

Chairman, or an administrative law 

judge. Since neither the Postal Service, 

nor any other interested person would 

have had an opportunity to oppose the 

subpoena, the subpoena would be 

subject to motions to quash, limit, or 

condition the subpoena. 

Although the Commission views the 

principal purpose of a subpoena to be 

the enforcement of information or 

discovery requests, a subpoena could 

also be used as a primary information 

collection tool. For example, a properly 

authorized and issued subpoena could 

be used to obtain information even if an 

information or discovery request has not 

previously been presented to the Postal 

Service. To insure the availability of 

subpoenas for this purpose, the 

Commission has included provisions in 

its proposed regulations expressly 

providing for the issuance of subpoenas 

without requiring prior information 

requests as a precondition to such 

issuance.16 Subpoenas issued as 

primary information collection tools 

would also be subject to motions to 

quash, limit, or condition the subpoena. 

Section 504(f)(2)(A) does not specify 

on whom the subpoena must be served. 

In a judicial context, when a subpoena 

seeks information from a particular 

person or entity, such as a corporation, 

the subpoena is served upon that person 

or entity. The judicial procedure is 

facilitated by the fact that in court 

litigation there is usually both sufficient 

time and opportunity (by means of other 

discovery methods) to ascertain who 

possesses the needed information. By 

contrast, the timeframe in which the 

Commission must act in the wake of the 

PAEA is relatively tight given the 

amount of review and analysis that must 

be accomplished. Moreover, the identity 

of the individuals or entities in 

possession of the required information 

may not be known to the Commission 

at the time the information is sought. 

To facilitate the transmission of the 

subpoena to the appropriate person or 

persons, the proposed rules provide that 

subpoenas would be served on the 

Postal Service. The Postal Service 

would, in turn, be required to transmit 

the subpoena to the persons responsible 

for providing the requested information. 

After delivery of the subpoena to the 

appropriate person, the Postal Service 

would be required to certify to the 

Commission that the subpoena had been 

delivered and to advise the Commission 

of the manner, date, and time of 

delivery, and the name, business 

address, telephone number and e-mail 

address of the person receiving the 

subpoena. The Postal Service would 

also be required to confirm that the 

person receiving the subpoena had been 

advised of the return date of the 

subpoena. 

The proposed rules would also 

establish the parameters for responses to 

subpoenas. For example, documents are 

to be produced in the form they are kept 

in the usual course of business; and 

claims of undue burden and 

confidentiality must be adequately 

supported. 

Finally, the rules contemplate the 

possible need for judicial enforcement 

of an administrative subpoena issued by 

the Commission. The filing and service 

requirements are governed by other 

federal statutes and rules of court 

applicable to proceedings in the United 

States district courts. 

D. Part 3005—Procedures for 

Compelling the Production of 

Information by the Postal Service 

Subpart C—Orders Regarding 

Depositions and Responses to Written 

Interrogatories. Section 504(f)(2)(B) of 

title 39 expressly authorizes the 

Chairman, Commissioners authorized 

by the Chairman, and administrative 

law judges appointed by the 

Commission to ‘‘order the taking of 

depositions and responses to written 

interrogatories by a covered person.’’ 

Concurrence by a majority of the 

Commissioners is not required for the 

issuance of such an order. 

The authorities contained in this 

section are in addition to the authorities 

provided by the PRA and APA which 

underlie the part 3001 rules of practice 

and authorize orders compelling 

discovery. It is the Commission’s view 

that the authority to issue orders under 

§ 504(f)(2)(B) can therefore be exercised 

in the context of an adjudicatory hearing 

as an alternative to the procedures in 

part 3001 for compelling discovery. An 

order can also be issued under 

§ 504(f)(2)(B) outside the context of a 

Commission proceeding. 

V. Section-By-Section Analysis 

Section 3001.3 Scope of rules. The 

amendment to rule 3 of the rules of 

practice is intended to clarify that the 

rules of practice apply both to 

proceedings before the Commission and 

to the procedures in part 3005 for 

compelling the production of 

information by the Postal Service. This 

change is consistent with the inclusion 

in part 3005 of references to specific 

rules of practice. 

Section 3005.1 Scope of rules. This 

proposed rule states that part 3005 

implements 39 U.S.C. 504(f). It also 

makes applicable the rules of practice in 

part 3001, unless otherwise ordered by 

the Commission. 

Section 3005.2 Terms defined. This 

proposed rule provides definitions for 

the terms ‘‘administrative law judge,’’ 

‘‘Chairman,’’ ‘‘covered person,’’ and 

‘‘designated Commissioner’’ as used in 

part 3005. 

Section 3005.11 General rule— 

subpoenas. This proposed rule sets forth 

the basic requirements for the issuance 

of a subpoena pursuant to 39 U.S.C. 

504(f)(2)(A). Subpoenas may only be 

issued by the Chairman, a designated 

Commissioner or an administrative law 

judge. When authorized in writing by a 

majority of the Commissioners then in 

office, a subpoena shall be issued by the 

Chairman, a designated Commissioner, 

or an administrative law judge. This 

rule also lists the purposes for which a 

subpoena may be issued; the types of 

conditions or limitations that may be 

imposed on the subpoena to protect the 

recipient of the subpoena from 

oppression, undue burden, or expense, 

including the possible imposition of 

confidentiality or non-disclosure 

conditions as provided in part 3007 of 

this chapter; and identifies the rule that 

establishes the service requirements for 

a subpoena. A proposed form of 

subpoena is provided as Appendix A to 

Part 3005—Subpoena Form. 

Section 3005.12 Subpoenas issued 

without receipt of a third-party request. 

This proposed rule provides for the 

issuance of a subpoena without a 

request having been received from a 

third party. For example, the 

Commission could deem a subpoena 

necessary if the Postal Service were to 

refuse to provide information during 

preliminary review of a Postal Service 

filing. Or a subpoena could be needed 

if the Postal Service were to refuse to 

provide information needed for the 

preparation of a report. Finally, a 

presiding officer might deem it 

necessary to obtain the issuance of a 

subpoena to enforce a presiding officer’s 

information request. In such cases, there 

would be no ‘‘third party’’ request for 

the subpoena. 

From a procedural standpoint, the 

request would be made directly to the 

full Commission by a Commissioner or 

presiding officer. To insure that the 

Postal Service and other interested 

persons, including covered persons 

potentially affected by the subpoena, 

have an opportunity to oppose the 

subpoena, or to limit or condition its 

scope and operation, any duly 

authorized subpoena would be subject 


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to a motion under rule 21(a) to quash, 

limit, or condition the subpoena. 

Replies to such a motion could be made 

by any interested person under rule 

21(b). 

As a general rule, the Postal Service 

would be given an opportunity to 

produce information voluntarily before 

a subpoena is issued under this section. 

However, provision is also made for the 

summary issuance of a subpoena 

without issuance of a prior information 

request. While the Commission would 

expect the summary issuance of a 

subpoena to rarely, if ever, be necessary, 

it is including provision for such 

summary issuance in order to insure the 

ability to act promptly if necessary. In 

such cases, the Postal Service would 

have an opportunity following issuance 

of the subpoena to file a motion to 

quash the subpoena, limit its scope, or 

to place conditions on the subpoena. 

Objections by covered persons could be 

asserted in any such filing by the Postal 

Service. Pending resolution of the Postal 

Service’s motion, the Postal Service and 

all covered persons would be required 

to maintain the information being 

sought by the subpoena. 

Section 3005.13 Subpoenas issued 

in response to a third-party request. 

This proposed rule establishes 

procedures by which subpoenas can be 

requested by third parties. One set of 

procedures applies to those situations in 

which the Commission has ordered 

hearings. Typically, in those cases the 

subpoena will be available as a means 

of enforcing the discovery rules in the 

Commission’s part 3001 rules of 

practice. A second set of procedures 

applies to situations in which no 

hearings have been ordered, such as an 

annual compliance review. In these 

cases, information will typically be 

sought by means of information 

requests, including information requests 

that have been proposed by a third party 

and issued by the Commission or a 

Commissioner. In this latter situation, a 

third party would be able to request the 

issuance of a subpoena to enforce the 

information request. Requests under 

either procedure must include certain 

minimum showings and demonstrations 

in order to be granted, including 

showings of relevance of the 

information and adequate specification 

of the information requested. 

Requirements are imposed upon the 

Postal Service to insure that the covered 

person expected to produce the 

requested information has an 

opportunity to present any objections to 

the issuance of a subpoena that are 

unique to that covered person. 

Section 3005.14 Service of 

subpoenas. This proposed rule specifies 

the manner in which subpoenas are to 

be served on covered persons. The 

Commission is proposing that 

subpoenas will be served initially upon 

the Postal Service with the requirement 

that the Postal Service transmit and 

deliver the subpoena to the person or 

contractor ultimately responsible for 

testifying or for otherwise providing the 

information being sought and that the 

Postal Service file proof of service with 

the Secretary of the Commission that 

identifies the covered person expected 

to supply the requested information. 

Finally, provision is made for advising 

the public as to the return date of the 

subpoena. 

Section 3005.15 Duties in 

responding to a subpoena. This 

proposed rule specifies the manner in 

which the recipient of a subpoena will 

be required to respond to the subpoena. 

It covers such subjects as the form in 

which documentary information is to be 

produced; the manner in which 

electronically stored information is to be 

produced; and the showing that must be 

made if information is not disclosed on 

grounds of privilege, confidentiality, or 

trade secret. Requests for confidential 

treatment of information produced in 

response to a subpoena are to be made 

in the manner provided in part 3007 of 

the Commission’s regulations. 

Section 3005.16 Enforcement of 

subpoenas. This proposed rule 

implements the authority in 39 U.S.C. 

504(f)(3) under which the Commission 

can seek judicial enforcement of an 

administrative subpoena issued 

pursuant to 39 U.S.C. 504(f)(2)(A). 

Section 3005.21 Authority to order 

depositions and responses to written 

interrogatories. This proposed rule 

implements the authority of the 

Chairman, any designated 

Commissioner or any administrative law 

judge to order that a deposition be taken 

of a covered person or that the covered 

person respond to a written 

interrogatory. 

VI. Public Representative 

Pursuant to 39 U.S.C. 505, Cassandra 

Hicks is appointed to serve as officer of 

the Commission (Public Representative) 

to represent the interests of the general 

public in the captioned docket. 

VII. Ordering Paragraphs 

It is ordered: 

1. Docket No. RM2009–12 is 

established for the purpose of receiving 

comments on the Commission’s 

proposed rules establishing procedures 

for obtaining information from the 

Postal Service under the Postal 

Accountability and Enhancement Act. 

2. Interested persons may submit 

initial comments no later than 30 days 

from the date of publication of this 

notice in the Federal Register. 

3. Reply comments may be filed no 

later than 45 days from the date of 

publication of this notice in the Federal 

Register. 

4. Pursuant to 39 U.S.C. 505, 

Cassandra Hicks is appointed to 

represent the interests of the general 

public in this docket. 

5. The Secretary shall arrange for 

publication of this notice in the Federal 

Register. 

List of Subjects 

39 CFR Part 3001 

Administrative practice and 

procedure, Postal Service. 

39 CFR Part 3005 

Administrative practice and 

procedure, Confidential business 

information, Postal Service, Reporting 

and recordkeeping requirements. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

For the reasons discussed in the 

preamble, the Postal Regulatory 

Commission proposes to amend chapter 

III of title 39 of the Code of Federal 

Regulations as follows: 

PART 3001—RULES OF PRACTICE 

AND PROCEDURE 

1. The authority citation for 39 CFR 

part 3001 is revised to read as follows: 

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

3661. 

2. Revise § 3001.3 to read as follows: 

§ 3001.3 Scope of rules. 

The rules of practice in this part are 

applicable to proceedings before the 

Postal Regulatory Commission under 

the Act, including those which involve 

a hearing on the record before the 

Commission or its designated presiding 

officer and, as specified in part 3005 of 

this chapter to the procedures for 

compelling the production of 

information by the Postal Service. They 

do not preclude the informal disposition 

of any matters coming before the 

Commission not required by statute to 

be determined upon notice and hearing. 

3. Add part 3005 to read as follows: 

PART 3005—PROCEDURES FOR 

COMPELLING PRODUCTION OF 

INFORMATION BY THE POSTAL 

SERVICE 

Subpart A—General 

Sec. 


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3005.1 Scope and applicability of other 

parts of this title. 

3005.2 Terms defined for purposes of this 

part. 

Subpart B—Subpoenas 

3005.11 General rule—subpoenas. 

3005.12 Subpoenas issued without receipt 

of a third-party request. 

3005.13 Subpoena issued in response to a 

third-party request. 

3005.14 Service of subpoenas. 

3005.15 Duties in responding to a 

subpoena. 

3005.16 Enforcement of subpoenas. 

Subpart C—Depositions and Written 

Interrogatories 

3005.21 Authority to order depositions and 

responses to written interrogatories. 

Appendix A to Part 3005—Subpoena Form 

Authority: 39 U.S.C. 503; 504; 3651(c); 

3652(d). 

Subpart A—General 

§ 3005.1 Scope and applicability of other 

parts of this title. 

(a) The rules in this part govern the 

procedures for compelling the 

production of information by the Postal 

Service pursuant to 39 U.S.C. 504(f). 

(b) Part 3001, subpart A of this 

chapter applies unless otherwise stated 

in this part or otherwise ordered by the 

Commission. 

§ 3005.2 Terms defined for purposes of 

this part. 

(a) Administrative law judge means an 

administrative law judge appointed by 

the Commission under 5 U.S.C. 3105. 

(b) Chairman means the Chairman of 

the Commission. 

(c) Covered person means an officer, 

employee, agent, or contractor of the 

Postal Service. 

(d) Designated Commissioner means 

any Commissioner who has been 

designated by the Chairman to act under 

this part. 

Subpart B—Subpoenas 

§ 3005.11 General rule—subpoenas. 

(a) Subject to the provisions of this 

part, the Chairman, any designated 

Commissioner, and any administrative 

law judge may issue a subpoena to any 

covered person. 

(b) The written concurrence of a 

majority of the Commissioners then 

holding office shall be required before 

any subpoena may be issued under this 

subpart. When duly authorized by a 

majority of the Commissioners then 

holding office, a subpoena shall be 

issued by the Chairman, a designated 

Commissioner, or an administrative law 

judge. 

(c) Subpoenas issued pursuant to this 

subpart may require the attendance and 

presentation of testimony or the 

production of documentary or other 

evidence with respect to any proceeding 

conducted by the Commission under 

title 39 of the United States Code or to 

obtain information for preparation of a 

report under said title 39. 

(d) Subpoenas issued pursuant to this 

subpart shall include such conditions as 

may be necessary or appropriate to 

protect a covered person from 

oppression, or undue burden or 

expense, including the following: 

(1) That disclosure may be had only 

on specified terms and conditions, 

including the designation of the time or 

place; 

(2) That certain matters not be 

inquired into, or that the scope of 

disclosure be limited to certain matters; 

(3) That disclosure occur with no one 

present except persons designated by 

the Commission; 

(4) That a trade secret or other 

confidential research, development, or 

commercial information not be revealed 

or be revealed only in a designated way 

as provided in part 3007 of this chapter; 

and 

(5) Such other conditions deemed 

necessary and appropriate under the 

circumstances presented. 

(e) Subpoenas shall be served in the 

manner provided by § 3005.14. 

§ 3005.12 Subpoenas issued without 

receipt of a third-party request. 

(a) A subpoena duly authorized by a 

majority of the Commissioners then 

holding office may be issued by the 

Chairman, a designated Commissioner, 

or an administrative law judge under 

§ 3005.11 of this part without a request 

having been made by a third party 

under § 3005.13. 

(b) Except as provided in paragraph 

(c) of this section, a subpoena shall not 

be issued until after the Postal Service 

has been provided an opportunity to 

produce the requested information 

voluntarily. 

(c) A subpoena may be issued 

summarily without first providing an 

opportunity to produce the requested 

information voluntarily if a delay in the 

issuance of the subpoena could 

unreasonably limit or prevent 

production of the information being 

sought. 

(d) Subpoenas issued under this 

section shall be issued subject to the 

right of the Postal Service and other 

interested persons to file a motion 

pursuant to § 3001.21(a) of this chapter 

to quash the subpoena, to limit the 

scope of the subpoena, or to condition 

the subpoena as provided in 

§ 3005.11(d) of this section. Such 

motion shall include any objections to 

the subpoena that are personal to the 

covered person responsible for 

providing the information being sought. 

Answers to the motion may be filed by 

any interested person pursuant to 

§ 3001.21(a) of this chapter. Pending the 

resolution of any such motion, the 

Postal Service shall secure and maintain 

the requested information. 

§ 3005.13 Subpoena issued in response to 

a third-party request. 

(a) Procedure for requesting and 

issuing subpoenas when hearings have 

been ordered. A participant in any 

proceeding in which a hearing has been 

ordered by the Commission may request 

the issuance of a subpoena to a covered 

person pursuant to § 3005.11. 

(1) Subpoenas may be requested to 

enforce an order to compel previously 

issued pursuant to the rules of practice 

with which the Postal Service has failed 

to comply. 

(2) Requests for subpoenas under this 

section shall be made by written motion 

filed with the presiding officer in the 

manner provided in § 3001.21(a) of this 

chapter. The Postal Service shall 

transmit a copy of the request to any 

covered person that it deems likely to be 

affected by the request. 

(3) Answers to the motion may be 

filed by the Postal Service and by any 

other participant. In filing an answer, 

the Postal Service must obtain from the 

covered person responsible for 

providing the information being sought 

any objections that are personal to that 

covered person and must provide those 

objections in its answer together with 

the objections, if any, that the Postal 

Service wishes to assert on its own 

behalf. Answers shall be filed as 

required by § 3001.21(b). 

(4) The presiding officer shall forward 

copies of the motion and any responses 

to the Commission together with a 

recommendation of whether or not the 

requested subpoena should be issued 

and, if so, the scope and content thereof 

and conditions, if any, that should be 

placed on the subpoena. Copies of the 

presiding officer’s recommendation 

shall be served in accordance with 

§ 3001.12 of this chapter. 

(5) Following receipt of the materials 

forwarded by the presiding officer, the 

Commissioners shall determine whether 

the requested subpoena should be 

issued and, if so, whether any 

conditions should be placed on the 

scope or content of the subpoena or on 

the responses to the subpoena. The 

Commissioners may, but are not 

required, to entertain further oral or 

written submissions from the Postal 

Service or the participants before acting 

on the request. In making their 


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determination, the Commissioners are 

not bound by any recommendation of a 

presiding officer. 

(b) Procedure for requesting and 

issuing subpoenas when no hearings 

have been ordered. Any person may 

request the issuance of a subpoena to a 

covered person pursuant to § 3005.11 to 

enforce an information request issued 

by the Commission or a Commissioner 

even though no hearings have been 

ordered by the Commission. 

(1) A request for the issuance of a 

subpoena shall be made by motion as 

provided by § 3001.21 of this chapter. A 

copy of the request shall be served upon 

the Postal Service as provided by 

§ 3001.12 of this chapter and by 

forwarding a copy to the General 

Counsel of the Postal Service, or such 

other person authorized to receive 

process by personal service, by Express 

Mail or Priority Mail, or by First-Class 

Mail, Return Receipt requested. Proof of 

service of the request upon the Postal 

Service shall be filed with the Secretary 

by the person requesting the subpoena. 

The Secretary shall issue a notice of the 

filing of proof of service and the 

deadline for the Postal Service’s answer 

to the request. 

(2) Answers to the motion may be 

filed by the Postal Service and by any 

other participant. In filing an answer, 

the Postal Service must obtain from the 

covered person responsible for 

providing the information being sought 

any objections that are personal to that 

covered person responsible for 

providing the information being sought 

and must provide those objections in its 

answer together with the objections, if 

any, that the Postal Service wishes to 

assert on its own behalf. Answers shall 

be filed as required by § 3001.21 of this 

chapter. 

(3) Following receipt of the request 

and any answers to the request, the 

Commissioners shall determine whether 

the requested subpoena should be 

issued and, if so, whether any 

conditions should be placed on the 

scope or content of the subpoena or on 

the responses to the subpoena. The 

Commissioners may, but are not 

required, to entertain further oral or 

written submissions before acting. A 

majority of the Commissioners then 

holding office must concur in writing 

before a subpoena may be issued. 

(c) Contents of requests for 

subpoenas. Each motion requesting the 

issuance of a subpoena shall include the 

following: 

(1) A demonstration that the subpoena 

is being requested with respect to a 

proceeding conducted by the 

Commission under title 39 of the United 

States Code or that the purpose of the 

subpoena is to obtain information to be 

used by the Commission to prepare a 

report under title 39 of the United States 

Code; 

(2) A showing of the relevance and 

materiality of the testimony, 

documentary or other evidence being 

sought; 

(3) Specification with particularity of 

any books, papers, documents, writings, 

drawings, graphs, charts, photographs, 

sound recordings, images, or other data 

or data compilations stored in any 

medium from which information can be 

obtained, including, without limitation, 

electronically stored information which 

is being sought from the covered person; 

(4) In situations in which a hearing 

has been ordered, the request must 

include in addition to the information 

required by paragraphs (c)(1), (2) and (3) 

of this section, a certification that the 

Postal Service has failed to comply with 

an order compelling discovery 

previously issued pursuant to the 

Commission’s rules of practice; and 

(5) In situations in which a hearing 

has not been ordered, the request must 

include in addition to the information 

required by paragraphs (c)(1), (2) and (3) 

of this section, an explanation of the 

reason for the request and the purposes 

for which the appearance, testimony, 

documentary or other evidence is being 

sought, and a certification that the 

Postal Service has failed to comply with 

a previously issued Commission order 

or information request. 

§ 3005.14 Service of subpoenas. 

(a) Manner of service. In addition to 

electronic service as provided by 

§ 3005.12(a), subpoenas must be served 

by personal service upon the General 

Counsel of the Postal Service or upon 

such other representative of the Postal 

Service as is authorized to receive 

process. Upon receipt of the subpoena, 

the Postal Service shall transmit and 

deliver the subpoena to the person or 

contractor responsible for providing the 

information being sought by the 

subpoena. Service upon any such 

person or contractor shall be 

accompanied by a written notice of the 

return date of the subpoena. 

(b) Return of service. Proof of service 

upon the covered person designated as 

responsible for responding to the 

subpoena must be filed with the 

Secretary by the Postal Service within 2 

business days following service, unless 

a shorter period is ordered by the 

Commission, and must be accompanied 

by certifications of: 

(1) The manner, date, and time of 

delivery of the subpoena to the person 

designated as responsible for 

responding to the subpoena; 

(2) The name, business address, 

telephone number, and e-mail address 

of the person designated as responsible 

for responding to the subpoena; and 

(3) The return date of the subpoena. 

(c) Notice of service. The Secretary 

shall post a notice of service upon the 

Commission’s Web site which specifies 

the return date of the subpoena. 

§ 3005.15 Duties in responding to a 

subpoena. 

(a) A covered person responding to a 

subpoena to produce documents shall 

produce them as they are kept in the 

usual course of business or shall 

organize and label them to correspond 

with the categories in the subpoena. 

(b) If a subpoena does not specify the 

form or forms for producing 

electronically stored information, a 

covered person responding to a 

subpoena must produce the information 

in a form or forms in which the covered 

person ordinarily maintains it or in a 

form or forms that are reasonably 

usable. 

(c) A covered person responding to a 

subpoena need not produce the same 

electronically stored information in 

more than one form. 

(d) A covered person commanded to 

produce and permit inspection or 

copying of designated electronically 

stored information, books, papers, or 

documents need not appear in person at 

the place of production or inspection 

unless commanded to appear for 

deposition, hearing, or trial. 

(e) A covered person who fails or 

refuses to disclose or provide discovery 

of electronically stored information on 

the grounds that the sources of such 

information is not reasonably accessible 

because of undue burden or cost must 

show by clear and convincing evidence 

that the burden or costs are undue. 

(f) A covered person who fails or 

refuses to disclose or provide discovery 

of information on the grounds that the 

information is privileged or subject to 

protection as a trade secret or other 

confidential research, development, or 

commercial information must expressly 

support all such claims and shall 

provide a description of the nature of 

the information and the potential harm 

that is sufficient to enable the 

Commission to evaluate and determine 

the propriety of the claim. 

(g) Request for confidential treatment 

of information shall be made in 

accordance with part 3007 of this 

chapter. 

§ 3005.16 Enforcement of subpoenas. 

In the case of contumacy or failure to 

obey a subpoena issued under this 

subpart, the Commission may apply for 


srobinson on DSKHWCL6B1PROD with PROPOSALS
51822 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 

an order to enforce its subpoena as 

permitted by 39 U.S.C. 504(f)(3). 

Subpart C—Depositions and Written 

Interrogatories 

§ 3005.21 Authority to order depositions 

and responses to written interrogatories. 

The Chairman, any designated 

Commissioner, or any administrative 

law judge may order the taking of 

depositions and responses to written 

interrogatories by a covered person with 

respect to any proceeding conducted 

under title 39 of the United States Code 

or to obtain information to be used to 

prepare a report under title 39. 

BILLING CODE 7710–FW–P 


srobinson on DSKHWCL6B1PROD with PROPOSALSEP08OC09.003</GPH>
Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 51823 

[FR Doc. E9–24222 Filed 10–7–09; 8:45 am] 

BILLING CODE 7710–FW–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0593; FRL–8967–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Regulation To Reduce Idling 

of Heavy-Duty Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware for the purpose of reducing 

engine idling time for operation of most 

heavy-duty motor vehicles in the state, 

with certain exceptions. In the Final 

Rules section of this Federal Register, 

EPA is approving Delaware’s SIP 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by November 9, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0593 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0593, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0593. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 


srobinson on DSKHWCL6B1PROD with PROPOSALSEP08OC09.004</GPH>