[Federal Register Volume 71, Number 183 (Thursday, September 21, 2006)]
[Proposed Rules]
[Pages 55136-55140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7870]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / 
Proposed Rules

[[Page 55136]]



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.

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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, multi-year 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\
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    \1\ The 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.
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    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

[[Page 55137]]

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:
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    \2\ Unless otherwise noted, all citations are to the proposed 
rules.
    \3\ An 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.
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    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 nonparcel-shaped 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\
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    \4\ The 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.
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    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.
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    \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).
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    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\
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    \6\ The Governors did not act on this recommended decision.
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    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 multi-year 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 re-evaluated (or lapse) in the future. In contrast, with 
respect to the more recent

[[Page 55138]]

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).
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    \7\ See current rules 69b(e), 163(b), and 173(b); see also 
proposed rules 69(e)(4), 163(e), and 173(e).
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    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 Sec.  3001.69 to read as follows:

Subpart C--Rules Applicable to Requests for Establishing or 
Changing the Mail Classification Schedule


Sec.  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 Sec.  3001.64.
    (1) If the Postal Service believes that data required to be filed 
under Sec.  3001.64 are unavailable, it shall explain their 
unavailability as required by Sec.  3001.64(a)(2)(i), (ii), and (iv).
    (2) If the Postal Service believes that data or other information 
required to be filed under Sec.  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 Sec.  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 Sec.  3001.64; or
    (ii) Demonstrates other compelling and exceptional circumstances 
requiring

[[Page 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 Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  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.


Sec.  3001.69a  [Removed]

    3. Remove Sec.  3001.69a.


Sec.  3001.69b  [Removed]

    4. Remove Sec.  3001.69b.


Sec.  3001.69c  [Removed]

    5. Remove Sec.  3001.69c.


Sec.  3001.161  [Amended]

    6. In Sec.  3001.161, remove paragraph (b) and remove the 
designation for paragraph (a).
    7. In Sec.  3001.163, revise paragraphs (b) and (e) to read as 
follows:


Sec.  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.


Sec.  3001.171  [Amended]

    8. In Sec.  3001.171, remove paragraph (b) and remove the 
designation for paragraph (a).
    9. In Sec.  3001.173, revise paragraphs (b) and (e) to read as 
follows:


Sec.  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

[[Page 55140]]

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 Sec.  3001.174 to read as follows:


Sec.  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 Sec.  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.


Sec.  3001.181  [Amended]

    11. In Sec.  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