Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules 40183 

1 Docket No. R2013–10, Order on Price 

Adjustments for Market Dominant Products and 

Related Mail Classification Changes, November 21, 

2013, at 5–35 (Order No. 1890). 

2 Docket No. R2013–10R, Order Resolving Issues 

on Remand, January 22, 2016 (Order No. 3047). 

3Notice of Proposed Rulemaking on Motions 

Concerning Mail Preparation Changes, January 22, 

2016, at 1–2 (Order No. 3048). The Notice of 

Proposed Rulemaking on Motions Concerning Mail 

Preparation Changes was published in the Federal 

Register on February 1, 2016. See 81 FR 5085 

(February 1, 2016). 

4 Docket No. R2013–10R, Order Resolving Motion 

for Reconsideration of Commission Order No. 3047, 

July 20, 2016 (Order No. 3441). 

5Petition for Review, United States Postal Serv. 

v. Postal Reg. Comm’n, 886 F.3d 1253 (D.C. Cir. 

2018). 

6Order Adopting Final Procedural Rule for Mail 

Preparation Changes, January 25, 2018, at 22–23 

(Order No. 4393). The Order Adopting Final 

Procedural Rule for Mail Preparation Changes was 

published in the Federal Register on March 5, 2018. 

See 83 FR 4585 (March 5, 2018). See also Revised 

Notice of Proposed Rulemaking, March 27, 2017 

(Order No. 3827). The Revised Notice of Proposed 

Rulemaking was published in the Federal Register 

on March 31, 2017. See 82 FR 16015 (March 31, 

2017). 

any program that is not described in 

paragraph (c)(1) of this section. 

* * * * * 

■ 3. Section 600.21 is amended by 

revising the paragraph (a)(11) 

introductory text to read as follows: 

§ 600.21 Updating application information. 

(a) * * * 

(11) For any program that is required 

to provide training that prepares a 

student for gainful employment in a 

recognized occupation— 

* * * * * 

PART 668—STUDENT ASSISTANCE 

GENERAL PROVISIONS 

■ 4. The authority citation for part 668 

continues to read as follows: 

Authority: 20 U.S.C. 1001–1003, 1070g, 

1085, 1088, 1091, 1092, 1094, 1099c, and 

1099c–1, unless otherwise noted. 

§ 668.6 [Removed and Reserved] 

■ 5. Remove and reserve § 668.6. 

■ 6. Section 668.8 is amended by 

revising paragraphs (d)(2)(iii) and 

(d)(3)(iii) to read as follows: 

§ 668.8 Eligible program. 

* * * * * 

(d) * * * 

(2) * * * 

(iii) Provide training that prepares a 

student for gainful employment in a 

recognized occupation; and 

(3) * * * 

(iii) Provide undergraduate training 

that prepares a student for gainful 

employment in a recognized 

occupation; 

* * * * * 

Subpart Q—[Removed and Reserved] 

■ 7. Remove and reserve subpart Q, 

consisting of §§ 668.401 through 

668.415. 

Subpart R—[Removed and Reserved] 

■ 8. Remove and reserve subpart R, 

consisting of §§ 668.500 through 

668.516. 

[FR Doc. 2018–17531 Filed 8–10–18; 4:15 pm] 

BILLING CODE 4000–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3010 

[Docket No. RM2016–6; Order No. 4751] 

Motions Concerning Mail Preparation 

Changes 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is noticing 

the partial rescindment of a previously 

proposed rule. This notice informs the 

public of the docket’s reinstatement, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due on or before 

September 13, 2018. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Description of the Proposed Rule 

IV. Comments Requested 

I. Introduction 

The Commission initiates this notice 

of proposed rulemaking (NPR) to 

partially rescind the rule concerning 

procedures for mail preparation changes 

in response to the recent decision in 

United States Postal Serv. v. Postal Reg. 

Comm’n, 886 F.3d 1253 (D.C. Cir. 2018). 

II. Background 

In Docket No. R2013–10R, the 

Commission determined that a change 

to the Intelligent Mail Barcoding (IMb) 

requirements constituted a change in 

rates requiring compliance with the 

price cap under 39 U.S.C. 3622.1 The 

Postal Service appealed the 

Commission’s determination to the 

United States Court of Appeals for the 

District of Columbia (the Court). In 

United States Postal Serv. v. Postal Reg. 

Comm’n, 785 F.3d 740, 751 (D.C. Cir. 

2015), the Court found that ‘‘changes in 

rates’’ under 39 U.S.C. 3622 could 

include changes to mail preparation 

requirements and were not limited to 

‘‘only changes to the official posted 

prices of each product.’’ Id. However, 

the Court remanded the matter to the 

Commission so that it could articulate 

an intelligible standard to determine 

when mail preparation requirement 

changes constitute changes in rates 

subject to the price cap. Id. at 744. 

In response to the Court’s remand, the 

Commission issued Order No. 3047, 

which set forth a standard to determine 

when mail preparation changes require 

compliance with the Commission’s 

price cap rules.2 Under § 3010.23(d)(2), 

the Postal Service must make reasonable 

adjustments to its billing determinants 

to account for the effects of 

classification changes that result in the 

introduction, deletion, or redefinition of 

rate cells. The standard established by 

the Commission in Order No. 3047 

provided that mail preparation changes 

could have rate effects when they 

resulted in the deletion or redefinition 

of rate cells as set forth by 

§ 3010.23(d)(2). Order No. 3047 at 59. In 

conjunction with Order No. 3047, the 

Commission initiated a separate 

rulemaking proceeding in this docket to 

develop a procedural rule that would 

ensure the Postal Service properly 

accounted for the rate effects of mail 

preparation changes ‘‘in accordance 

with the Commission’s standard 

articulated in Order No. 3047.’’ 3

While the rulemaking was pending, 

the Postal Service requested the 

Commission reconsider the standard set 

forth in Order No. 3047. In response, the 

Commission issued Order No. 3441 

resolving the request for reconsideration 

and maintaining the standard 

articulated in Order No. 3047.4 The 

Postal Service petitioned the Court for 

review of the revised standard set forth 

in Order Nos. 3047 and 3441.5

During the pendency of the appellate 

proceedings, the Commission issued 

Order No. 4393 in this docket, adopting 

a final procedural rule concerning mail 

preparation changes.6 The final rule 

institutes publication requirements for 

changes to mail preparation rules and 

requires the Postal Service to (1) 

affirmatively designate whether or not a 

change to a mail preparation 


amozie on DSK3GDR082PROD with PROPOSALS1
40184 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Proposed Rules 

7See Petition for Review, United States Postal 

Serv. v. Postal Reg. Comm’n, No. 18–1059 (D.C. Cir. 

February 26, 2018). 

8See Unopposed Motion to Remand Case, United 

States Postal Serv. v. Postal Reg. Comm’n, No. 18– 

1059 (D.C. Cir. May 10, 2018). 

9See Order, United States Postal Serv. v. Postal 

Reg. Comm’n, No. 18–1059 (D.C. Cir. May 30, 2018). 

10See Updated Notice Under Rule 3010.23(d)(5), 

March 22, 2018. 

11See Order No. 4393 at 8–10 (justification for the 

reporting requirement). 

requirement implicates the price cap; 

and (2) show by a preponderance of the 

evidence, if the designation is 

challenged, that the price cap does not 

apply to the change. The Postal Service 

also petitioned the Court for review of 

this final rule.7

Shortly after the Commission adopted 

the final rule in this docket, the Court 

issued its decision in United States 

Postal Serv. v. Postal Reg. Comm’n, 886 

F.3d 1253 (D.C. Cir. 2018), vacating the 

Commission’s standard in Order No. 

3047. As a result of this decision, the 

Commission and the Postal Service filed 

a joint motion to remand the appeal of 

the final rule back to the Commission 

for further proceedings.8 The 

Commission institutes this NPR in 

response to the Court’s order granting 

the motion for remand.9

As indicated in Order No. 4393, in 

addition to the reporting requirement, 

the procedural rule set forth 

requirements designed to ensure 

compliance with the price cap based on 

the Commission’s standard articulated 

in Order No. 3047. Because the 

substantive standard established in 

Order No. 3047 was vacated by the 

Court, the Commission proposes to 

rescind part of the final rule that relies 

upon the standard. The Commission 

intends to develop an appropriate 

standard and propose other appropriate 

rules implementing that standard in due 

course. 

III. Description of the Proposed Rule 

The proposed rule revises 

§ 3010.23(d)(5). As described above, 

§ 3010.23(d)(5) institutes a reporting 

requirement whereby the Postal Service 

must provide published notice of all 

mail preparation changes in a single 

source. The Postal Service began 

complying with the reporting 

requirement on March 22, 2018.10 The 

rule also requires the Postal Service to 

(1) affirmatively designate whether or 

not an individual mail preparation 

change requires compliance with 

§ 3010.23(d)(2) in accordance with the 

standard set forth in Order No. 3047; 

and (2) demonstrate by a preponderance 

of the evidence, in response to a 

challenge, that a mail preparation 

change does not require compliance 

with § 3010.23(d)(2). Both the 

designation and evidentiary burden 

parts of the rule require a substantive 

standard. Because that standard was 

vacated and a new standard has yet to 

be developed, the proposed rule revises 

paragraph (d)(5) and removes the 

affirmative designation requirement and 

evidentiary burden. The reporting 

requirement will remain in the rule and 

exists independent of any standard as it 

is necessary to provide standardized, 

transparent reporting of mail 

preparation changes.11

Although the Commission is 

instituting a new proceeding to seek 

comment on an appropriate standard to 

determine when mail preparation 

changes are ‘‘changes in rates’’ under 39 

U.S.C. 3622, the absence of an 

immediate standard necessitates partial 

rescission of the rule. 

IV. Comments Requested 

Interested persons are invited to 

provide written comments concerning 

the proposed rule. As the Commission 

is instituting a separate proceeding for 

comments on a new standard, the 

comments should be limited to the 

revised procedural rule. 

Comments are due no later than 30 

days after the date of publication of this 

notice in the Federal Register. All 

comments and suggestions received will 

be available for review on the 

Commission’s website, http://

www.prc.gov. 

It is ordered: 

1. Interested persons may submit 

comments no later than 30 days from 

the date of the publication of this notice 

in the Federal Register. 

2. Kenneth E. Richardson will 

continue to serve as an officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public in this proceeding. 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Stacy L. Ruble, 

Secretary. 

List of Subjects in 39 CFR Part 3010 

Administrative practice and 

procedure, Postal Service. 

For the reasons discussed in the 

preamble, the Commission proposes to 

amend chapter III of title 39 of the Code 

of Federal Regulations as follows: 

PART 3010—REGULATION OF RATES 

FOR MARKET DOMINANT PRODUCTS 

■ 1. The authority citation of part 3010 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3662. 

■ 2. Amend § 3010.23 by revising 

paragraph (d)(5) to read as follows: 

§ 3010.23 Calculation of percentage 

change in rates. 

* * * * * 

(d) * * * 

(5) Procedures for mail preparation 

changes. The Postal Service shall 

provide published notice of all mail 

preparation changes in a single, publicly 

available source. The Postal Service 

shall file notice with the Commission of 

the single source it will use to provide 

published notice of all mail preparation 

changes. 

* * * * * 

[FR Doc. 2018–17499 Filed 8–13–18; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0700; FRL–9982– 

10—Region 5] 

Air Plan Approval; Indiana; CrossState Air Pollution Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state submission concerning the CrossState Air Pollution Rule (CSAPR) that 

was submitted by Indiana on November 

27, 2017 as a revision to the Indiana 

State Implementation Plan (SIP). Under 

CSAPR, large electricity generating units 

(EGUs) in Indiana are subject to Federal 

Implementation Plans (FIPs) requiring 

the units to participate in CSAPR’s 

Federal trading program for annual 

emissions of nitrogen oxides (NOX), one 

of CSAPR’s two Federal trading 

programs for annual emissions of sulfur 

dioxide (SO2), and one of CSAPR’s two 

Federal trading programs for ozone 

season emissions of NOX. This action 

would approve the State’s regulations 

requiring large Indiana EGUs to 

participate in new CSAPR state trading 

programs for annual NOX, annual SO2, 

and ozone season NOX emissions 

integrated with the CSAPR Federal 

trading programs, replacing the 

corresponding FIP requirements. EPA is 

proposing to approve the SIP revision 

because the submittal meets the 


amozie on DSK3GDR082PROD with PROPOSALS1