This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

55136 

Vol. 71, No. 183 

Thursday, September 21, 2006 

1The Rules of Practice and Procedure may be 

accessed on the Commission’s Web site, http:// 

www.prc.gov, by clicking first on ‘‘Contents’’ and 

then on ‘‘Commission Rules’’ which are found 

under the heading ‘‘Table of Contents.’’ A copy of 

the proposed revised rules is attached. 

POSTAL RATE COMMISSION 

39 CFR Part 3001 

[Docket No. RM2006–1; Order No. 1479] 

Rate and Classification Requests 

AGENCY: Postal Rate Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: Commission rules include 

five sets of rules with sunset provisions. 

The Commission proposes to reissue 

four of these sets of rules with limited 

revisions. These include shortening and 

standardizing the intervention period 

(where applicable); eliminating the 

sunset provisions and, in one set, 

redesignating provisions to conform to 

Office of Federal Register style and 

making minor editorial revisions. 

Reissuance of these sets of rules, as 

revised, will allow the Service to have 

continued flexibility and will enhance 

administrative efficiency. The 

Commission seeks comments on 

whether the other set of rules (for 

certain Express Mail requests) should be 

reissued. 

DATES: Initial comments due October 13, 

2006; reply comments due October 20, 

2006. 

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. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

54 FR 11394 (March 20, 1989). 

54 FR 33681 (August 16, 1989). 

60 FR 54981 (October 27, 1995). 

61 FR 24447 (May 15, 1996). 

66 FR 54436 (October 29, 2001). 

The Commission’s Rules of Practice 

and Procedure, 39 CFR 3001.1 et seq., 

include five sets of rules that are subject 

to 5-year sunset provisions. Generally, 

these rules, which are set to expire 

November 28, 2006, provide for 

expedited consideration of various 

Postal Service requests for a 

recommended decision. They include 

the following five sets of rules: 57–60, 

market response Express Mail rate 

requests; 69–69c, minor classification 

changes; 161–166, market tests of 

proposed classification changes; 171– 

176, provisional service changes of 

limited duration; and 181–182, multiyear test periods for proposed new 

services. 

The Commission seeks comments on 

rules 57–60. Those rules will lapse 

unless reissued. The Commission 

proposes to reissue the remaining sets of 

rules, amended to eliminate the sunset 

provision. The Commission also 

proposes to standardize and shorten the 

time period for interventions as of right 

in proceedings involving minor 

classification changes, market tests, and 

provisional service changes.1

As a ministerial matter, the attached 

rules reflect minor editorial changes for 

clarity and consistency. These minor 

changes are not intended to have 

substantive effect. In addition, the rules 

for minor classification changes 

(3001.69–69c) are renumbered as 

3001.69(a)–(f) to conform to Office of 

the Federal Register style preference. 

Interested persons are invited to 

comment on the forgoing proposals and 

on rules 57–60. Initial comments are 

due October 13, 2006; reply comments, 

if any, are due October 20, 2006. 

The substance and history of each 

rule are briefly discussed below. 

I. Market Response Rate Requests for 

Express Mail Service 

Rules 57 through 60, 39 CFR 3001.57– 

60, govern Postal Service requests for an 

expedited recommended decision on 

changes in Express Mail rates and fees. 

These rules, which became effective in 

1989, were adopted in response to a 

Postal Service petition requesting the 

Commission to initiate a rulemaking to 

implement special rules designed to 

consider changes in Express Mail rates 

prompted by changes in market 

conditions. See PRC Order No. 836, 

Docket No. RM88–2, August 10, 1989. 

The rules provide, consistent with due 

process, for expedited consideration of 

proposed changes in Express Mail rates 

in response to competitive changes in 

the expedited delivery market for the 

purpose of minimizing the loss of 

Express Mail’s contribution to 

institutional costs recommended in the 

most recent omnibus rate case. Rule 

57(a). Among other things, the rules 

address the data to be filed in support 

of the Postal Service’s request and 

provide for an expedited procedural 

schedule under which the Commission 

is to consider the Postal Service’s 

request within 90 days of its filing. See, 

e.g., rules 58–60. 

These rules have been reissued twice. 

See PRC Order No. 1042, Docket No. 

RM95–1, February 17, 1995, and PRC 

Order No. 1322, Docket No. RM2001–3, 

September 24, 2001. The Postal Service 

has never invoked these rules. 

Any person advocating that these 

rules be reissued is requested to provide 

support showing that retention is in the 

public interest. 

II. Limited Classification Changes 

The remaining four sets of rules are a 

product of a separate rulemaking 

proceeding, initiated pursuant to a 

petition filed by the Postal Service in 

April 1995, to amend the Commission’s 

rules to accommodate certain limited 

rate and classification matters. 

Following the receipt of comments by 

interested parties on the Postal Service’s 

petition, the Commission issued a 

notice of proposed rulemaking in which 

it proposed specific amendments to its 

rules of practice designed to expedite 

consideration of certain limited 

classification-related changes requested 

by the Postal Service. See PRC Order 

No. 1084, Docket No. RM95–4, October 

13, 1995. Thereafter, the Commission 

adopted rules designed to facilitate 

expedited review of Postal Service 

requests concerning minor classification 

changes, market tests, and provisional 

service changes of limited duration. The 

Commission also adopted a rule 

permitting the Postal Service to request 

use of a multi-year test period for new 

services. PRC Order No. 1110, Docket 

No. RM95–4, May 7, 1996. Each of the 

foregoing rules has been reissued once. 

See PRC Order No. 1322, supra. 

A. Minor Classification Cases 

Rules 69 through 69c, to be 

renumbered as rule 69, provide for 

expedited review of Postal Service 

requests for a recommended decision of 

minor mail classification changes. A 


rmajette on PROD1PC67 with PROPOSALS1
Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Proposed Rules 55137 

2Unless otherwise noted, all citations are to the 

proposed rules. 

3An additional Request would have been filed 

under the rules governing minor classification 

changes, but the rules had lapsed. See Request of 

the United States Postal Service for a 

Recommended Decision on Extension of the 

Experimental Ride-Along Classification for 

Periodicals, Docket No. MC2001–3, September 28, 

2001, at 1, n.1. 

4The Postal Service withdrew its proposal to 

conduct an expanded Mailing Online experiment 

after encountering technical difficulties in its 

market test. Subsequently, in November 1999, the 

Postal Service filed Docket No. MC2000–2 to 

implement a nationwide Mailing Online 

experiment. 

5 If a Postal Service request to establish the 

provisional service as a permanent mail 

classification is pending before the Commission, 

this period may be extended for an additional year. 

See Rule 171(a). 

6The Governors did not act on this recommended 

decision. 

change is considered minor if it: 

involves no change in an existing rate or 

fee, would impose no new eligibility 

requirements on a subclass or rate 

category, and would not significantly 

affect the institutional cost contribution 

of the affected subclass or rate category. 

Rule 69(b)(1)–(3).2 These rules describe 

the information to be filed in support of 

a request and the procedures for 

expediting proceedings. Rules 69(c)–(e). 

In qualifying proceedings, the 

Commission will issue a recommended 

decision in not more than 120 days after 

the filing of the request. Rule 69(f). 

The Postal Service has employed 

these rules four times.3 These include: 

1. Docket No. MC2003–1, in which 

the Postal Service proposed to permit 

certain types of nonrectangular shapes, 

Customized Market Mail (CMM), to be 

eligible for mailing in the basic 

nonletter rate categories of Standard 

Mail Regular and Nonprofit subclasses. 

The Commission adopted a Stipulation 

and Agreement as the basis of its 

opinion approving CMM as a new 

Standard Mail category. PRC Op. 

MC2003–1, June 6, 2003. 

2. Docket No. MC2006–2, in which 

the Postal Service proposed to extend 

the expiration date of a provisional 

service allowing bulk mailers to attach 

Repositionable Notes to nonparcelshaped First-Class Mail, Standard Mail, 

and Periodicals. The Commission 

approved the proposed extension of the 

expiration date. PRC Op. MC2006–2, 

March 20, 2006. 

3. Docket No. MC2006–5, in which 

the Postal Service proposed to revise the 

definition of a nominal subscription rate 

by increasing the amount by which an 

annual subscription price may be 

discounted from 50 to 70 percent. The 

Commission recommended the change, 

adopting an unopposed stipulation and 

agreement as the basis of its decision. 

PRC Op. MC2006–5, August 30, 2006. 

B. Market Tests of Proposed Mail 

Classification Changes 

Subpart I, rules 161 through 166, 

governs requests by the Postal Service to 

permit market testing in support of a 

permanent classification change. These 

rules require the Postal Service to file 

concurrently its request for a permanent 

classification change and its request for 

its proposed market test, and set forth 

the information to be filed regarding the 

market test, e.g., the services to be 

provided, the proposed rate or fee, and 

the objectives of the test. Rule 162. The 

rules also provide a timetable for 

expediting the proceedings and a rule 

for issuing a decision within 90 days. 

Rules 163 and 164. Absent good cause, 

market tests are limited to 1-year 

durations. Rule 161. 

The Postal Service has invoked these 

rules twice. In Docket No. MC98–1, 

Mailing Online Service, the Postal 

Service sought to conduct a market test 

of a proposed mailing online service 

prior to its introduction as an 

experimental mail classification. The 

Commission approved the proposed 

market test. PRC Op. MC98–1, October 

7, 1998.4

In Docket No. MC2004–5, the Postal 

Service proposed to conduct a market 

test to determine whether to permit bulk 

mailers of nonparcel-shaped mail to 

attach a Repositionable Note to the 

outside of each mailpiece. The 

Commission found that the proposal 

was not properly filed under the 

Commission’s market test rules, but that 

it did qualify for consideration under 

the Commission’s rules governing 

provisional service changes. See PRC 

Order No. 1413, July 21, 2004, at 4–5. 

The Commission approved the 

provisional service change. PRC. Op. 

MC2004–5, December 10, 2004. 

C. Provisional Service Changes of 

Limited Duration 

Subpart J, rules 171 through 176, 

applies to requests for the establishment 

of a provisional service to supplement, 

but not alter, existing mail 

classifications and rates for a limited 

and fixed duration which, except in 

extraordinary circumstances and for 

good cause shown, may not exceed two 

years.5 The requirements of Subpart J 

generally parallel those for market tests, 

e.g., identifying the information to be 

provided, the procedures to be followed, 

and the timetable for issuing a decision. 

Rules 172–74. 

The Postal Service has employed 

these rules once. In Docket No. MC97–

5, the Postal Service requested a 

provisional classification and fee 

schedule for a packaging service under 

which mailers would bring items to 

selected post offices for packing prior to 

mailing as parcels. The Commission 

recommended the provisional service, 

albeit with modifications. PRC Op. 

MC97–5, March 31, 1998.6

As noted previously, the Commission 

also processed the Postal Service’s 

request in Docket No. MC2004–5 as a 

provisional service change. 

D. Multi-Year Test Periods 

Subpart K, rules 181 and 182, applies 

to requests to implement a new postal 

service which the Postal Service 

believes will not recover all costs 

associated with the new service in its 

first full fiscal year of operation. The 

Commission may adopt test periods of 

up to five fiscal years for the purposes 

of determining breakeven of a proposed 

new service. Rule 181. The Postal 

Service must justify its request through 

testimony and other documentary 

support. Rule 182. 

The Postal Service has never invoked 

these rules. 

III. Proposed Revisions 

Each of the five sets of rules was 

initiated at the Postal Service’s request. 

They provide the Service with 

procedural options to facilitate 

expedited consideration of certain 

proposals. 

The Commission proposes to reissue 

the four more recent sets of rules, i.e., 

minor classifications, market tests, 

provisional service changes, and multiyear test periods, with two amendments. 

These rules address discrete matters and 

provide the Postal Service with 

procedural options not otherwise 

available. The flexibility inherent in 

these rules and considerations of 

administrative efficiency support 

reissuing them. Each of these rules, with 

one exception, has been used at least 

once. The exception, the multi-year test 

period, continues to have value as a 

mechanism for considering potential 

new services. 

The 5-year sunset provision was 

initially adopted in Docket No. RM88–

2, concerning market response Express 

Mail rate requests, because of the 

experimental nature of the rules and 

uncertainties about the process. See 

Notice, Docket No. RM88–2, March 14, 

1989, at 1; PRC Order No. 836, August 

10, 1989, at 3. Moreover, that the rules 

involved a competitive product 

supported imposing a sunset provision 

to ensure the rules would be reevaluated (or lapse) in the future. In 

contrast, with respect to the more recent 


rmajette on PROD1PC67 with PROPOSALS1
55138 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Proposed Rules 

7See current rules 69b(e), 163(b), and 173(b); see 

also proposed rules 69(e)(4), 163(e), and 173(e). 

rules, the continuing need for a sunset 

provision is not apparent. Those rules 

are not designed exclusively to address 

rate requests involving competitive 

markets. Accordingly, the Commission 

proposes to eliminate the sunset 

provision in each of the four more 

recent sets of rules. 

Additionally, the Commission 

proposes to modify the relevant rules to 

allow a uniform, shorter period, at least 

15 days, for intervention in such 

proceedings. Under the current rules, 

interventions are due 26 or 28 days after 

the filing of the Postal Service’s 

request.7 These provisions were 

implemented prior to the Commission’s 

adoption of electronic filing 

requirements. Although the proposal 

may result in a modest reduction from 

the current time allotted, it should 

present no hardship to any prospective 

intervenor given the ready online 

availability of the Postal Service’s 

request and Commission’s order 

noticing the filing. Furthermore, the 

process of intervening in Commission 

proceedings has been simplified by the 

requirement that, absent a waiver, 

notices of intervention be filed 

electronically. See rule 9(a). 

The Commission is not proposing to 

reissue rules 57–60, but rather is 

considering whether to allow them to 

lapse. These rules have never been 

invoked in the 17 years since they were 

implemented. This history suggests that 

the rules may no longer serve the 

purpose for which they were intended 

and that they may have no continuing 

utility. Absent an affirmative showing, 

there may be no compelling reason to 

reissue these rules. 

Request for comments. By this notice 

and order, the Commission affords 

interested persons an opportunity to 

comment on the Commission’s 

proposal, including the advisability of 

reissuing these rules in whole or in part. 

Initial comments are due October 13, 

2006; reply comments, if any, are due 

October 20, 2006. 

Representation of the general public. 

In conformance with 39 U.S.C. 3624(a), 

the Commission designates Shelley S. 

Dreifuss, director of the Commission’s 

Office of the Consumer Advocate, to 

represent the interests of the general 

public in this proceeding. Pursuant to 

this designation, Ms. Dreifuss will direct 

the activities of Commission personnel 

assigned to assist her and, upon request, 

will supply their names for the record. 

Neither Ms. Dreifuss nor any of the 

assigned personnel will participate in or 

provide advice on any Commission 

decision in this proceeding. 

Ordering Paragraphs 

It is ordered: 

1. Interested persons may submit 

comments on the foregoing proposal, 

including the advisability of reissuing 

the rules, by no later than October 13, 

2006. Reply comments may also be filed 

and are due no later than October 20, 

2006. 

2. Shelley S. Dreifuss, director of the 

Office of the Consumer Advocate, is 

designated to represent the interests of 

the general public in this docket. 

3. The Secretary shall cause this 

notice and order to be published in the 

Federal Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

List of Subjects in 39 CFR Part 3001 

Administrative practice and 

procedure, Postal Service. 

For the reasons discussed above, the 

Commission proposes to amend 39 CFR 

part 3001 as follows: 

1. The authority citation for part 3001 

continues to read as follows: 

Authority: 39 U.S.C. 404(b); 3603; 3622–

24; 3661, 3662, 3663. 

2. Revise § 3001.69 to read as follows: 

Subpart C—Rules Applicable to 

Requests for Establishing or Changing 

the Mail Classification Schedule 

§ 3001.69 Expedited minor classification 

cases. 

(a) Applicability. This section applies 

when the Postal Service requests a 

recommended decision pursuant to 

section 3623 and seeks expedited 

review on the ground that the requested 

change in mail classification is minor in 

character. The requirements and 

procedures specified in this section 

apply exclusively to Commission 

consideration of requested mail 

classification changes which the Postal 

Service denominates as, and the 

Commission finds to be, minor in 

character. 

(b) Considerations. A requested 

classification change may be considered 

minor in character if it: 

(1) Would not involve a change in any 

existing rate or fee; 

(2) Would not impose any restriction 

in addition to pre-existing conditions of 

eligibility for the entry of mail in an 

existing subclass or category of service 

or for an existing rate element or 

worksharing discount; and 

(3) Would not significantly increase or 

decrease the estimated institutional cost 

contribution of the affected subclass or 

category of service. 

(c) Filing of formal request and 

prepared direct evidence. Whenever the 

Postal Service determines to file a 

request under this section, it shall file 

a request for a change in mail 

classification pursuant to section 3623 

that comports with the requirements of 

this section and of Subpart C of the 

rules of practice. Each such formal 

request shall include the following 

information: 

(1) A description of the proposed 

classification change or changes, 

including proposed changes in the text 

of the Domestic Mail Classification 

Schedule and any pertinent rate 

schedules; 

(2) A thorough explanation of the 

grounds on which the Postal Service 

submits that the requested change in 

mail classification is minor in character; 

and 

(3) An estimate, prepared in the 

greatest level of detail practicable, of the 

overall impact of the requested change 

in mail classification on postal costs and 

revenues, mail users and competitors of 

the Postal Service. 

(d) Data and information filing 

requirements. Formal requests generally 

require the submission of the data and 

information specified in § 3001.64. 

(1) If the Postal Service believes that 

data required to be filed under § 3001.64 

are unavailable, it shall explain their 

unavailability as required by 

§ 3001.64(a)(2)(i), (ii), and (iv). 

(2) If the Postal Service believes that 

data or other information required to be 

filed under § 3001.64 should not be 

required in light of the minor character 

of the requested change in mail 

classification, it shall move for a waiver 

of that requirement. The motion shall 

state with particularity the reasons why 

the character of the request and its 

circumstances justify a waiver of the 

requirement. 

(3) A satisfactory explanation of the 

unavailability of information required 

under § 3001.64 or of why it should not 

be required to support a particular 

request will constitute grounds for 

excluding from the proceeding a 

contention that the absence of the 

information should form a basis for 

rejection of the request, unless the party 

desiring to make such a contention: 

(i) Demonstrates that, considering all 

the facts and circumstances of the case, 

it was clearly unreasonable for the 

Postal Service to propose the change in 

question without having first secured 

the information and submitted it in 

accordance with § 3001.64; or 

(ii) Demonstrates other compelling 

and exceptional circumstances requiring 


rmajette on PROD1PC67 with PROPOSALS1
Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Proposed Rules 55139 

that the absence of the information in 

question be treated as bearing on the 

merits of the proposal. 

(e) Expedited procedural schedule. 

The Commission will treat requests 

under this section as subject to the 

maximum expedition consistent with 

procedural fairness. 

(1) Persons who are interested in 

participating in proceedings initiated 

under this section may intervene 

pursuant to Subpart A of the rules of 

practice. Parties may withdraw from a 

proceeding by filing a notice with the 

Secretary of the Commission. 

(2) When the Postal Service files a 

request under this section, it shall 

comply with the Filing Online 

procedures of §§ 3001.9 through 

3001.12. 

(3) When the Postal Service files a 

request under this section, it shall on 

that same day file a notice that briefly 

describes its proposal. This notice shall 

indicate on its first page that it is a 

notice of a request for a minor change 

in mail classification to be considered 

under this section. 

(4) Within 5 days after receipt of a 

Postal Service request invoking 

§ 3001.69, the Commission shall issue a 

notice of proceeding and provide for 

intervention by interested persons 

pursuant to Subpart A of the rules of 

practice. The notice of proceeding shall 

state that the Postal Service has 

denominated the mail classification 

change as a minor change, and has 

requested expedited consideration 

pursuant to § 3001.69. The notice shall 

further state the grounds on which the 

Postal Service submits that the 

requested change in mail classification 

is minor in character and shall afford all 

interested persons a minimum of 15 

days after filing of the Postal Service’s 

request within which to intervene, 

submit responses to the Postal Service’s 

request for consideration of its proposed 

mail classification change under 

§ 3001.69, and request a hearing. 

(5) Within 28 days after publication of 

the notice of proceeding pursuant to 

paragraph (e)(4) of this section, the 

Commission shall decide whether to 

consider the request under this section 

and shall issue an order incorporating 

that ruling. The Commission shall order 

a request to be considered under this 

section if it finds: 

(i) The requested classification change 

is minor in character; and 

(ii) The effects of the requested 

change are likely to be appropriately 

limited in scope and overall impact. 

(6) If the Commission determines that 

a Postal Service request is appropriate 

for consideration under this section, 

those respondents who request a 

hearing shall be directed to state with 

specificity within 14 days after 

publication of that determination the 

issues of material fact that require a 

hearing for resolution. Respondents 

shall also identify the fact or facts set 

forth in the Postal Service’s filing that 

the party disputes, and when possible, 

what the party believes to be the fact or 

facts and the evidence it intends to 

provide in support of its position. 

(7) The Commission will hold 

hearings on a Postal Service request 

considered under this section when it 

determines that there are genuine issues 

of material fact to be resolved and that 

a hearing is needed to resolve those 

issues. Hearings on a Postal Service 

request will commence within 21 days 

after issuance of the Commission 

determination pursuant to paragraph 

(e)(5) of this section. Testimony 

responsive to the Postal Service’s 

request will be due 14 days after the 

conclusion of hearings on the Postal 

Service request. 

(8) If the Commission determines that 

a request of the Postal Service is not 

appropriate for consideration under this 

section, the request will be considered 

in accordance with appropriate 

provisions of the Commission’s rules. 

(f) Time limits. The schedule 

involving a request under this section 

will allow for issuance of a 

recommended decision: 

(1) Not more than 90 days after the 

filing of a Postal Service request if no 

hearing is held; and 

(2) Not more than 120 days after the 

filing of a request if a hearing is 

scheduled. 

§ 3001.69a [Removed] 

3. Remove § 3001.69a. 

§ 3001.69b [Removed] 

4. Remove § 3001.69b. 

§ 3001.69c [Removed] 

5. Remove § 3001.69c. 

§ 3001.161 [Amended] 

6. In § 3001.161, remove paragraph (b) 

and remove the designation for 

paragraph (a). 

7. In § 3001.163, revise paragraphs (b) 

and (e) to read as follows: 

§ 3001.163 Procedures—expedition of 

public notice and procedural schedule. 

* * * * * 

(b) Persons who are interested in 

participating in proceedings to consider 

Postal Service requests to conduct a 

market test may intervene pursuant to 

Subpart A of the rules of practice. 

Parties may withdraw from a particular 

case by filing a notice with the Secretary 

of the Commission. 

* * * * * 

(e) Within 5 days after receipt of a 

Postal Service request under the 

provisions of this subpart, the 

Commission shall issue a notice of 

proceeding and provide interested 

persons a minimum of 15 days after 

filing of the Postal Service request 

within which to intervene. In the event 

that a party wishes to dispute a genuine 

issue of material fact to be resolved in 

the consideration of the Postal Service’s 

request that party shall file with the 

Commission a request for a hearing 

within the time allowed in the notice of 

proceeding. The request for a hearing 

shall state with specificity the fact or 

facts set forth in the Postal Service’s 

filing that the party disputes, and when 

possible, what the party believes to be 

the fact or facts and the evidence it 

intends to provide in support of its 

position. The Commission will hold 

hearings on a Postal Service request 

made pursuant to this subpart when it 

determines that there is a genuine issue 

of material fact to be resolved, and that 

a hearing is needed to resolve that issue. 

§ 3001.171 [Amended] 

8. In § 3001.171, remove paragraph (b) 

and remove the designation for 

paragraph (a). 

9. In § 3001.173, revise paragraphs (b) 

and (e) to read as follows: 

§ 3001.173 Procedures—expedition of 

public notice and procedural schedule. 

* * * * * 

(b) Persons who are interested in 

participating in a proceeding to consider 

Postal Service requests to establish a 

provisional service may intervene 

pursuant to Subpart A of the rules of 

practice. Parties may withdraw from a 

proceeding by filing a notice with the 

Secretary of the Commission. 

* * * * * 

(e) Within 5 days after receipt of a 

Postal Service request under the 

provisions of this subpart, the 

Commission shall issue a notice of 

proceeding and provide interested 

persons a minimum of 15 days after 

filing of the Postal Service request 

within which to intervene. In the event 

that a party wishes to dispute a genuine 

issue of material fact to be resolved in 

the consideration of the Postal Service’s 

request, that party shall file with the 

Commission a request for a hearing 

within the time allowed in the notice of 

proceeding. The request for a hearing 

shall state with specificity the fact or 

facts set forth in the Postal Service’s 

filing that the party disputes, and when 

possible, what the party believes to be 


rmajette on PROD1PC67 with PROPOSALS1
55140 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Proposed Rules 

the fact or facts and the evidence it 

intends to provide in support of its 

position. The Commission will hold 

hearings on a Postal Service request 

made pursuant to this subpart when it 

determines that there is a genuine issue 

of material fact to be resolved, and that 

a hearing is needed to resolve that issue. 

10. Revise § 3001.174 to read as 

follows: 

§ 3001.174 Rule for decision. 

The Commission will issue a decision 

on the Postal Service’s proposed 

provisional service in accordance with 

the policies of the Postal Reorganization 

Act, but will not recommend 

modification of any feature of the 

proposed service which the Postal 

Service has identified in accordance 

with § 3001.172(a)(3). The purpose of 

this subpart is to allow for consideration 

of proposed provisional services within 

90 days, consistent with the procedural 

due process rights of interested persons. 

§ 3001.181 [Amended] 

11. In § 3001.181, remove paragraph 

(b) and remove the designation for 

paragraph (a). 

[FR Doc. 06–7870 Filed 9–20–06; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2004–0488; FRL–8221–5] 

RIN 2060–AM54 

Protection of Stratospheric Ozone: 

Listing of Substitutes in the Motor 

Vehicle Air Conditioning Sector Under 

the Significant New Alternatives Policy 

(SNAP) Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: Under mandate from the 

Clean Air Act to review and approve 

alternatives to ozone-depleting 

substances, the Environmental 

Protection Agency (EPA) proposes to 

expand and amend the list of acceptable 

substitutes for ozone-depleting 

substances (ODS) through the 

Significant New Alternatives Policy 

(SNAP) program. Substitutes addressed 

in this proposal are for the motor 

vehicle air conditioning (MVAC) enduse within the refrigeration and airconditioning sector. The proposed 

substitutes are non ozone-depleting 

gases and consequently do not 

contribute to stratospheric ozone 

depletion. 

DATES: Comments must be received on 

or before October 23, 2006. Any person 

interested in requesting a public 

hearing, must submit such request on or 

before October 6, 2006. If a public 

hearing is requested, a separate notice 

will be published announcing the date 

and time of the public hearing and the 

comment period will be extended until 

30 days after the public hearing to allow 

rebuttal and supplementary information 

regarding any material presented at the 

public hearing. Inquires regarding a 

public hearing should be directed to the 

contact person listed below. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2004–0488, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: a-and-r-Docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2004–0488, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand Delivery: Public Reading 

Room, Room B102, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC. 

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–HQ–OAR–2004–

0488. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

further information about this proposed 

rule, contact Karen Thundiyil by 

telephone at (202) 343–9464, or by email at thundiyil.karen@epa.gov. 

Notices and rulemakings under the 

SNAP program are available on EPA’s 

Stratospheric Ozone Web site at http:// 

www.epa.gov/ozone/snap/regs. For 

copies of the full list of SNAP decisions 

in all industrial sectors, contact the EPA 

Stratospheric Protection Hotline at (800) 

296–1996. You also can find a complete 

chronology of SNAP decisions and the 

appropriate Federal Register citations at 

EPA’s Stratospheric Ozone Web site at 

http://www.epa.gov/ozone/snap/ 

chron.html. 

SUPPLEMENTARY INFORMATION: This 

proposed action, if finalized, would 

provide motor vehicle manufacturers 

and their suppliers an additional 

refrigerant option for motor vehicle air 

conditioning systems. This proposed 

action would also modify the current 

acceptability of an approved substitute 

to include use conditions. The two 

refrigerants discussed in this proposed 

action are non ozone-depleting 

substances. Car manufacturers, 

component manufacturers and the 

MVAC service industry have all been 

actively engaged in the development of 

this rulemaking and are developing 

prototype systems with the use 


rmajette on PROD1PC67 with PROPOSALS1