Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32023

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(d) This amendment becomes effective on

June 26, 2000.

Note 5: The subject of this AD is addressed

in Transport Canada (Canada) AD’s CF–99–

12 and CF–99–13, both dated April 21, 1999.

Issued in Fort Worth, Texas, on May 15,

2000.

Henry A. Armstrong,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 00–12818 Filed 5–19–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99–ANM–11]

Establishment of Class D Airspace;

Jackson, WY

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; establishment of

effective date.

SUMMARY: This action establishes the

effective date for the establishment of a

Class D surface area at Jackson Hole

Airport, Jackson, WY. The contractual

agreements to run the Airport Traffic

Control Tower (ATCT) under the FAA

contract tower program have now been

implemented. Operations at the ATCT

will commence on May 15, 2000.

EFFECTIVE DATE: The effective date of FR

Doc. 00–3382 is May 15, 2000.

FOR FURTHER INFORMATION CONTACT:

Brian Durham, ANM–520.7, Federal

Aviation Administration, Docket No.

99–ANM–11, 1601 Lind Avenue S.W.,

Renton, Washington, 98055–4056;

telephone number: (425) 227–2527.

SUPPLEMENTARY INFORMATION:

History

Airspace Docket No. 99–ANM–11,

published in the Federal Register on

February 14, 2000 (65 FR 7287),

established a Class D surface airspace

area at Jackson Hole Airport, Jackson,

WY. This action was originally

scheduled to become effective on April

20, 2000. A delay was encountered

concerning the contractual requirements

for the operation of the ATCT. The

length of the delay was uncertain so a

delay of effective date action was

effected. Contractual requirements for

the ATCT have been resolved, the new

effective date for operations at Jackson

Hole, WY is May 15, 2000.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation: (1) Is

not a significant regulatory action under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT regulatory

Policies and Procedures (44 FR 11034;

February 26, 1979); and (3) does not

warrant preparation of a Regulatory

Evaluation as the anticipated impact is

so minimal. Since this is a routine

matter that will only affect air traffic

procedures and air navigation, it is

certified that this rule will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Establishment of Effective Date

The effective date on Airspace Docket

99–ANM–11 is hereby established as

May 15, 2000.

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

Issued in Seattle, Washington, on May 4,

2000.

Charles E. Davis,

Acting Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 00–12823 Filed 5–19–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05–00–002]

RIN 2115–AA97, AA98

OPSAIL 2000, Delaware River,

Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Delaware River, Philadelphia,

Pennsylvania for OPSAIL 2000

activities. This action is necessary to

provide for the safety of life on

navigable waters before, during, and

after OPSAIL 2000 events. This action

will restrict vessel traffic in the

Delaware River between Anchorage 9

(Mantua Creek anchorage) and the

Benjamin Franklin Bridge.

DATES: This rule is effective from 8 a.m.

on June 22, 2000 through 4 p.m. on June

23, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–00–002 and are available

for inspection or copying at Coast Guard

Marine Safety Office/Group

Philadelphia, One Washington Avenue,

Philadelphia, Pennsylvania 19147

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade K. Codel, Coast

Guard Marine Safety Office/Group

Philadelphia, (215) 271–4991.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 28, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled OPSAIL 2000, Delaware River,

Philadelphia, PA in the Federal Register

(65 FR 16361). We received no letters

commenting on the proposed rule. No

public hearing was requested and none

was held.

Background and Purpose

Philadelphia OPSAIL 2000, Inc., is

sponsoring OPSAIL 2000 activities in

the Delaware River, Philadelphia,

Pennsylvania. Planned events include

the arrival of a number of international

Tall Ships at Anchorage 9 (Mantua

Creek anchorage) on June 22, 2000 and

a Parade of Sail from that anchorage,

upriver to the Benjamin Franklin Bridge

on June 23, 2000.

The Coast Guard anticipates a large

spectator fleet for this event. Operators

should expect significant vessel

congestion along the parade route.

The purpose of these regulations is to

promote maritime safety and protect

participants and the boating public

immediately prior to, during, and after

the scheduled event. The regulations

will establish a clear parade route for

the OPSAIL 2000 vessels, provide a

safety buffer around the participating

vessels while they are at anchor and in

32024 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations

transit, and in certain anchorage areas,

modify existing anchorage regulations

for the benefit of participants and

spectators. The regulations will affect

the movement of all vessels operating in

the specified areas of the Delaware

River.

It may be necessary for the Coast

Guard to establish safety or security

zones in addition to these regulations to

safeguard dignitaries and certain vessels

participating in the event. If the Coast

Guard deems it necessary to establish

such zones at a later date, the details of

those zones will be announced

separately via the Federal Register,

Local Notice to Mariners, Safety Voice

Broadcasts, and any other means

available.

All vessel operators and passengers

are reminded that vessels carrying

passengers for hire or that have been

chartered and are carrying passengers

may have to comply with certain

additional rules and regulations beyond

the safety equipment requirements for

all pleasure craft. When a vessel is not

being used exclusively for pleasure, but

rather is engaged in carrying passengers

for hire or has been chartered and is

carrying the requisite number of

passengers, the vessel operator must

possess an appropriate license and the

vessel may be subject to inspection. The

definition of the term ‘‘passenger for

hire’’ is found in 46 U.S.C. 2101(21a). In

general, it means any passenger who has

contributed any consideration

(monetary or otherwise) either directly

or indirectly for carriage onboard the

vessel. The definition of the term

‘‘passenger’’ is found in 46 U.S.C.

2101(21). It varies depending on the

type of vessel, but generally means

individuals carried aboard vessels

except for certain specified individuals

engaged in the operation of the vessel or

the business of the owner/charterer. The

law provides for substantial penalties

for any violation of applicable license

and inspection requirements. If you

have any questions concerning the

application of the above law to your

particular case, you should contact the

Coast Guard at the address listed in

ADDRESSES for additional information.

Vessel operators are reminded they

must have sufficient facilities on board

their vessels to retain all garbage and

untreated sewage. Discharge of either

into any waters of the United States is

strictly forbidden. Violators may be

assessed civil penalties up to $25,000 or

face criminal prosecution.

We recommend that vessel operators

visiting the Philadelphia area for this

event obtain an up to date edition of

National Ocean Service Chart 12313 to

avoid anchoring within a charted cable

or pipeline area.

With the arrival of OPSAIL 2000 and

spectator vessels in the Philadelphia

area for this event, it will be necessary

to curtail normal port operations to

some extent. Interference will be kept to

the minimum considered necessary to

ensure the safety of life on the navigable

waters immediately before, during, and

after the scheduled events.

Discussion of the Rule

The OPSAIL 2000 vessels are

scheduled to arrive at Anchorage 9

(Mantua Creek anchorage) on June 22,

2000. The lead vessel is scheduled to

begin the Parade of Sail at 9 a.m. on

June 23, 2000, and will follow a parade

route of approximately 8 nautical miles

from that anchorage, upriver to the

Benjamin Franklin Bridge. Two larger

OPSAIL 2000 vessels which are unable

to sail under the Walt Whitman Bridge

will depart the Parade of Sail in the

vicinity of the Schuylkill River and be

berthed at the Philadelphia Naval

Shipyard. The remainder of the OPSAIL

2000 vessels will be berthed along the

Philadelphia, PA and Camden, NJ

waterfronts as they complete the Parade

of Sail.

The safety of parade participants and

spectators will require that spectator

craft be kept at a safe distance from the

parade route during these vessel

movements. The Coast Guard will be

using safety zones along the parade

route to keep all vessels not involved in

the Parade of Sail a safe distance from

the OPSAIL 2000 vessels. The parade

route has been segmented in this

rulemaking to facilitate the earliest

possible reopening of the waterway

once all OPSAIL 2000 vessels have

cleared a particular segment of the

route, but portions of the Delaware

River will remain closed to all traffic

until all of the OPSAIL 2000 vessels are

safely moored at their assigned berths or

have departed the event area.

The Coast Guard is temporarily

modifying the existing anchorage

regulations found at 33 CFR 110.157 to

accommodate OPSAIL 2000 and

spectator vessels. Anchorage 9 will be

closed to all vessels except OPSAIL

2000 vessels that will be using it as the

staging area for the Parade of Sail.

Vessels will not be allowed to anchor in

Anchorage 10 and Anchorage 11 to

enable spectator vessels to safely follow

the Parade of Sail. The southern portion

of Anchorage 13, and the northern

portion of Anchorage 12 will be closed

because they are in the portion of the

river that the OPSAIL 2000 vessels will

be using to maneuver in preparation of

mooring. The southern portion of

Anchorage 12 will be designated

exclusively for spectator vessels.

Discussion of Comments and Changes

We did not receive any comments on

the proposed rule. No changes were

made to the proposed rule.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979).

We expect the economic impact of

this rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

The primary impact of these

regulations will be on vessels wishing to

transit the affected waterways during

the Parade of Sail on June 23, 2000.

Although these regulations prevent

traffic from transiting portions of the

Delaware River during the event, that

restriction is limited in duration, affects

only a limited area, and will be well

publicized to allow mariners to make

alternative plans for transiting the

affected area. Moreover, the magnitude

of the event itself will severely hamper

or prevent transit of the waterway, even

absent these regulations designed to

ensure it is conducted in a safe and

orderly fashion.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to operate or anchor in

portions of the Delaware River in the

vicinity of Philadelphia, Pennsylvania.

The regulations will not have a

significant impact on a substantial

number of small entities for the

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32025

following reasons: the restrictions are

limited in duration, affect only limited

areas, and will be well publicized to

allow mariners to make alternative

plans for transiting the affected areas.

Moreover, the magnitude of the event

itself will severely hamper or prevent

transit of the waterway, even absent

these regulations designed to ensure it

is conducted in a safe and orderly

fashion.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding this rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. No requests for assistance in

understanding this rule were received.

Small businesses may send comments

on the actions of the Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under E.O.

13132 and have determined that this

rule does not have implications for

federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (34)(g), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES. By controlling vessel traffic

during these events, this rule is

intended to minimize environmental

impacts of increased vessel traffic

during the transits of event vessels.

List of Subjects

33 CFR Part 110

Anchorage grounds.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Parts 110, and 165 as follows:

PART 110—[AMENDED]

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, 2071; 49 CFR 1.46 and 33

CFR 1.05–1(g).

2. From 8 a.m. on June 22, 2000 until

4 p.m. on June 23, 2000 § 110.157 is

amended by adding paragraph (d) to

read as follows:

§ 110.157 Delaware Bay and River.-

* * * * *

(d) Not withstanding paragraphs (a)

through (c) of this section, the following

temporary regulations are in effect from

8 a.m. on June 22, 2000 until 4 p.m. on

June 23, 2000 for OPSAIL 2000.

(1) Anchorage 9 will be closed to all

vessels except OPSAIL 2000 vessels.

‘‘OPSAIL 2000 vessels’’ includes all

vessels participating in Operation Sail

2000 under the auspices of the Marine

Event Permit submitted for the Port of

Philadelphia and approved by the

Commander, Fifth Coast Guard District.

(2) No vessel may anchor in

Anchorage 10, or Anchorage 13 south of

the Benjamin Franklin Bridge, without

permission of the Captain of the Port.

(3) No vessel may anchor in

Anchorage 11 after 1 a.m. on June 23,

2000 without permission of the Captain

of the Port.

(4) Anchorage 12:

(i) No vessel may anchor north of

latitude 39°55′41′′ N without permission

of the Captain of the Port.

(ii) South of latitude 39° 55′ 41′′ N is

designated for the exclusive use of

spectator vessels. ‘‘Spectator vessels’’

includes any vessel, commercial or

recreational, being used for pleasure or

carrying passengers, that is in the Port

of Philadelphia to observe part or all of

the events attendant to OPSAIL 2000.

PART 165—[AMENDED]

3. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1225 and 1231; 50

U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04–

6, and 160.5; 49 CFR 1.46. Section 165.100

is also issued under authority of Sec. 311,

Pub. L. 105–383.

4. Add temporary § 165.T05–002 to

read as follows:

§ 165.T05–002 Safety Zone; OPSAIL 2000,

Delaware River, Philadelphia, PA.

(a) Definitions: (1) Captain of the Port

means the Commanding Officer of the

Coast Guard Marine Safety Office/Group

Philadelphia or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized by the Captain

of the Port to act on his behalf.

(2) Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commanding Officer,

Coast Guard Marine Safety Office/Group

Philadelphia.

(3) OPSAIL 2000 Vessels includes all

vessels participating in Operation Sail

2000 under the auspices of the Marine

Event Permit submitted for the Port of

Philadelphia and approved by

Commander, Fifth Coast Guard District.

(b) Location. The following areas are

Safety Zones:

(1) Parade of Sail—First Segment:

This moving safety zone includes all

waters from 500 yards forward of the

lead OPSAIL 2000 vessel to 100 yards

aft of the last OPSAIL 2000 vessel, and

extending 50 yards outboard of each

OPSAIL 2000 vessel participating in the

32026 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations

Parade of Sail. This safety zone will

move with the Parade of Sail as it

transits the Delaware River from

Anchorage 9 (Mantua Creek anchorage)

to the Walt Whitman Bridge.

(2) Parade of Sail—Second Segment:

All waters of the Delaware River, from

shoreline to shoreline, bounded on the

south by the Walt Whitman Bridge and

on the north by the Benjamin Franklin

Bridge with the exception of the

southern portion of Anchorage 12,

defined as that portion of the anchorage

south of latitude 39° 55′ 41′′ N.

(c) Regulations. (1) All persons are

required to comply with the general

regulations governing safety zones in

§ 165.23 of this part.

(2) No person or vessel may enter or

navigate within these regulated areas

unless authorized to do so by the Coast

Guard Patrol Commander. Any person

or vessel authorized to enter the

regulated area must operate in strict

conformance with any directions given

by the Captain of the Port and leave the

regulated area immediately if the Coast

Guard Patrol Commander so orders.

(3) The Coast Guard vessels enforcing

this section can be contacted on VHF

Marine Band Radio, channels 13 and 16.

The Captain of the Port can be contacted

at telephone number (215) 271–4940.

(4) The Coast Guard Patrol

Commander will notify the public of

changes in the status of these zones by

Marine Safety Radio Broadcast on VHF–

FM marine band radio, channel 22

(157.1 MHZ).

(d) Effective dates: This section is

effective from 8 a.m. on June 22, 2000

through 4 p.m. on June 23, 2000.

Dated: May 12, 2000.

Thomas E. Bernard,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 00–12746 Filed 5–17–00; 12:28 pm]

BILLING CODE 4910–15–P

POSTAL SERVICE

39 CFR Part 952

Rules of Practice in Proceedings

Relative to False Representation and

Lottery Orders

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends the

Rules of Practice in Proceedings

Relative to False Representation and

Lottery Orders to establish

administrative procedures for issuing

subpoenas and imposing the statutorily

authorized civil penalties in

proceedings conducted under 39 U.S.C.

3005(a).

EFFECTIVE DATE: May 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Diane M. Mego, Esq., (703) 812–1905.

SUPPLEMENTARY INFORMATION: On March

14, 2000, the Postal Service published

in the Federal Register a proposed rule

to amend the Rules of Practice in

Proceedings Relative to False

Representation and Lottery Orders (65

FR 13707–13709). The proposed rule

implements The Deceptive Mail

Prevention and Enforcement Act, Pub.

L. 106–168, 113 Stat. 1806, enacted on

December 12, 1999, which grants the

Judicial Officer authority to issue

subpoenas requiring the attendance and

testimony of witnesses and the

production of any records (including

books, papers, documents, and other

tangible things which constitute or

contain evidence) which the Judicial

Officer considers relevant or material in

any statutory proceeding conducted

under 39 U.S.C. 3005(a). The Act also

authorizes new administrative civil

penalties.

Comments on the proposed rule were

due on or before April 13, 2000. Two

comments were received. One

commenter was concerned that the

proposed time limits for requesting a

subpoena do not give the subpoenaed

party a reasonable opportunity to

comply with a document request or to

appear at the hearing. The proposed

time limits are consistent with the time

limits already provided in part 952 and,

therefore, have not been revised in this

final rule. However, the rule recognizes

the possibility that further time may be

needed, and the presiding officer, at his

discretion, may waive the time limits in

the appropriate circumstances.

The other commenter, however,

believed that the language allowing the

presiding officer to exercise his

discretion in granting subpoenas outside

the proposed time limits improperly

created standardless discretion in the

presiding officer that could violate the

subpoenaed individual’s due process

rights. Contrary to the commenter’s

belief, the rule could never be fashioned

to cover every possibility that could

arise throughout a proceeding. Granting

the presiding officer the right to exercise

his discretion protects the parties’ rights

by allowing the presiding officer to

conduct each proceeding fairly.

Therefore, the discretion language has

been adopted as proposed.

The second commenter was also

concerned that the proposed rule

exceeds the authority granted by the Act

by allowing the presiding officer to

issue the subpoena, permitting the

Judicial Officer to seek enforcement of

a subpoena, and not providing sufficient

oversight for the issuance of subpoenas.

Two of the comments concern the

right to delegate authority. The

commenter questions authorizing the

presiding officer to issue subpoenas

when 39 U.S.C. 3016(a)(2) gives that

authority to the Judicial Officer. The

commenter points out that the Act

specifies that the Postmaster General

may delegate the subpoena authority in

investigations, but does not contain

similar provisions applicable to the

Judicial Officer. The language relied on

by the commenter with respect to

investigative subpoenas appears to be a

specific limitation on the right to

delegate, however, rather than a grant of

authority to delegate. By limiting the

authority to approve a subpoena during

an investigation to only the Postmaster

General, the General Counsel or Deputy

General Counsel, the Act assures that

the subpoena authority remains with a

high-level official. Absent a specific,

legislative intent to limit the Judicial

Officer’s ability to delegate his

authority, the subpoena authority is

impliedly delegable to the presiding

officer, a high-level and independent

official under his supervision.

The commenter also questions the

authority of the Judicial Officer to seek

enforcement of a subpoena when 39

U.S.C. 3016(c)(1) gives that authority to

the Postmaster General. However, the

ability of the Postmaster General to

delegate this enforcement authority is

not limited by the statute. Further, the

Postmaster General would be

considered one of the parties to any

proceeding conducted under part 952.

Therefore, it makes sense that the

authority to seek enforcement of a

subpoena should be delegated to the

Judicial Officer absent a specific

limitation on that authority by Congress.

The final comment concerns the form

and issuance of the subpoena. The

commenter was concerned that the

proposed language did not offer

sufficient oversight of the subpoena

process by allowing the presiding officer

to enter the name of the witness and

sign the subpoena, but otherwise allow

the requesting party to complete the

subpoena before service. The proposed

rules provide sufficient oversight by

requiring the requesting party to ‘‘state

the reasonable scope and general

relevance to the case of the testimony

and any records sought,’’ which

provides initial review by the presiding

officer, and by allowing a motion to

quash, which gives the presiding officer

a further review if necessary.

Furthermore, issuing subpoenas signed

but otherwise in blank is a standard