6536 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

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 proposed rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

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

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

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points,

dated September 1, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 4000–Subpart C—Class C

Airspace

* * * * *

Burlington International Airport, VT

[Revised]

Burlington International Airport, VT

(lat. 44°28′23′ N., long. 73°09′01′ W.)

That airspace extending upward from

the surface to and including 4,400 feet

MSL within a 5–mile radius of the

Burlington International Airport, and

that airspace extending upward from

2,200 feet MSL to 4,400 feet MSL within

a 10–mile radius of Burlington

International Airport from the 360°

bearing from the airport clockwise to the

180° bearing from the airport, excluding

the airspace within Restricted Area R–

6501; and that airspace extending

upward from 1,500 feet MSL to 4,400

feet MSL within a 10–mile radius of the

airport from the 180° bearing from the

airport clockwise to the 360° bearing

from the airport. This Class C airspace

area is effective during the specific dates

and times established in advance by a

Notice to Airmen. The effective date and

time will thereafter be continuously

published in the Airport/Facility

Directory.

* * * * *

Issued in Washington, DC on February 3,

2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–3077 Filed 2–9–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC32

Postlease Operations Safety

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Corrections to Final

Regulations.

SUMMARY: This document contains

corrections to the final rule titled

‘‘Postlease Operations Safety’’ that was

published Tuesday, December 28, 1999

(64 FR 72756). We are correcting a

section title and adding a word in the

section that was inadvertently omitted.

EFFECTIVE DATE: January 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Kumkum Ray, (703) 787–1600.

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections supersede

30 CFR 250, subpart A, General,

regulations on the effective date and

affect all operators and lessees on the

Outer Continental Shelf.

With respect to the corrections, the

title of § 250.142 is inaccurate and the

word ‘‘District’’ was omitted

inadvertently in the section.

Need for Correction

As published, the final regulations

contain errors which may prove to be

misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication on

December 28, 1999, of the final

regulations, which were the subject of

FR Doc. 99–31869, is corrected as

follows:

§ 250.142 [Corrected]

On page 72783, in the first column,

the title of and the language in § 250.142

are corrected to read :

§ 250.142 How do I receive approval for

departures?

We may approve departures to the

operating requirements. You may apply

for a departure by writing to the District

or Regional Supervisor.

Dated: January 31, 2000.

E.P. Danenberger,

Chief, Engineering and Operations Division.

[FR Doc. 00–3109 Filed 2–9–00; 8:45 am]

BILLING CODE 4310–MR–U

POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket No. RM98–3; Order No. 1284]

Revisions to Rules of Practice; Final

Rule

AGENCY: Postal Rate Commission.

ACTION: Final Rule.

SUMMARY: This rule adopts final changes

in Commission rules of practice. These

changes adopt certain special rules of

practice on a permanent basis, make

several other procedural improvements,

and make minor technical corrections

and conforming changes. Adoption of

these rules will aid in effective

administration of Commission

proceedings.

DATES: February 10, 2000.

ADDRESSES: Send correspondence

concerning this document to Margaret P.

Crenshaw, Secretary, Postal Rate

Commission, 1333 H Street NW., Suite

300, Washington, DC 20268–0001.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, General Counsel,

Postal Rate Commission, 1333 H Street

NW., Suite 300, Washington, DC 20268–

001, 202–789–6820.

SUPPLEMENTARY INFORMATION:

Regulatory History

Initial notice of proposed rule: 63 FR

46732 (September 2, 1998).

Supplementary notice of proposed

rule: 64 FR 72622 (Dec. 28, 1999).

Introduction

The Commission initiated this

rulemaking to amend its rules of

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6537

practice and procedure (rules or rules of

practice) to improve the efficiency and

effectiveness of proceedings conducted

pursuant to 39 U.S.C. 3624. See order

no. 1218 (63 FR 46732, Sept. 2, 1998).

The initial order encouraged comments

on any topic covered in 39 CFR 3001.1–

92, with the exception of library

references and confidential information,

which were to be addressed in separate

rulemakings. In particular, comments

were solicited regarding the extent to

which electronic filing requirements or

options could be added to the current

rules, and on the incorporation of all (or

most) of the special rules of practice

into the rules. The special rules were

originally designed for use in omnibus

rate proceedings and recently have been

employed in several classification and

complaint dockets. These rules

encompass five discrete areas: evidence,

discovery, service, cross-examination

and ‘‘general,’’ which in part addresses

the use of library references. The rules

generally provide both detailed

procedures designed for complex

omnibus rate cases with numerous

participants, and pleading deadlines

which are more accelerated than those

in the existing rules.

Five sets of comments suggesting

improvements were received.

Commenters generally supported the

integration of the special rules into the

current rules of practice and procedure,

but gave a mixed response to the

possibility of electronic filing

requirements. Some commenters

suggested that several technical and

procedural rules were outdated in light

of current technology and practice.

Certain ‘‘streamlining’’ measures also

were proposed.

In order no. 1274, the Commission

proposed specific changes in the rules

which address the aforementioned areas

of interest, as well as commenters’

remarks. See order no. 1274 (64 FR

72622, Dec. 28, 1999). Proposed

modifications included the

incorporation of most of the special

rules and minor updates of several

current rules to reflect internal

Commission changes since the rules

were first promulgated. The proposed

rules generally have been tested in

numerous Commission proceedings,

and have proven to be effective and

efficient.

The Commission narrowed the scope

of the rulemaking by limiting its

consideration to Subpart A—Rules of

General Applicability (rules 1–43).

Thus, to the extent commenters’

remarks encompassed Subparts B

through F (rules 51–92), which include

regulations pertaining to the initiation

of dockets, they were deferred for

consideration to a later rulemaking.

Response to Order No. 1274

Three sets of comments were received

in response to order no. 1274. The

comments are available for public

inspection in the Commission’s docket

section, and can be accessed

electronically at www.prc.gov. The

comments essentially support the

proposed revisions as reasonable and

appropriate. However, there are some

concerns with regard to the revised

filing deadlines for various pleadings in

Commission proceedings. Also,

commenters suggest that clarification of

some rules may be necessary. Finally,

several minor technical amendments to

the Commission’s rules are proposed.

Each comment will be addressed in

turn.

Deadlines

Reversion of the Proposed 7-day

Deadline to the Current 10-day Deadline

for Objections to Interrogatories,

Requests for Production of Documents

or Things, and Requests for Admissions

(Rules 26(c), 27(c) and 28(c),

Respectively)

One commenter maintains that the

shortened deadline for objections to

discovery requests which the

Commission proposes in rules 26(c),

27(c) and 28(c) is too severe and may

result in ‘‘increased motions practice

and other inefficiencies.’’ According to

the commenter, a backlog of responses

to interrogatories during extensive

discovery in an omnibus rate case has

been experienced frequently under the

current 10-day deadline. This situation

would be exacerbated if the period for

responses was shortened. Moreover, the

proposed 7-day deadline does not

reflect incorporation of the special rules,

but rather is an untested proposal.

The commenter presents a valid

argument. The shortened time period for

objections to discovery was proposed in

conjunction with the abbreviated

pleading periods prescribed by the

special rules. However, the Commission

recognizes that the special rules have

been tested and proven successful in

numerous Commission proceedings,

whereas the proposal at issue is untried.

As such, the Commission will not

implement this shortened deadline as a

final rule, and the current 10-day

deadline will remain in effect. The

proposed abbreviated deadline may

instead be considered for

implementation as a special rule during

the docket no. R2000–1 omnibus rate

case or other Commission proceeding.

Implementation of a Shortened Time

Period for Filing Motions to Compel

Responses To Discovery in Revised

Rules 26(d), 27(d) and 28(d)

One commenter suggests that the

period for participants to file motions to

compel responses to discovery be

shortened from the current 14 days to 10

days. The commenter argues that the

abbreviated time period will effectively

reduce those outstanding discovery

disputes pending against a participant

both during and after the hearing stage

of its case-in-chief. Further, the

shortened deadline would be consistent

with the current, somewhat analogous

10-day period for response to a motion

provided by rule 21(b).

The Commission declines to modify

rules 26(d), 27(d) and 28(d) as proposed

by the commenter. While the

commenter’s proposal has merit, the

shortened time frame has never been

tested as a special rule to gauge its

effectiveness. The Commission therefore

would be inclined to direct that the

proposal first be applied in a particular

case to determine its feasibility prior to

any promulgation of a rule.

Reversion of the Proposed 7-day

Deadline for Responses to Motions in

Rule 21 to the Current 10-day Deadline

One commenter argues against the

adoption of the Commission’s proposal

to shorten the deadline for responses to

motions from 10 to seven days.

According to the commenter, this

abbreviated period is not a special rule

and has not been tested in the course of

a major rate proceeding. The commenter

maintains that the shortened deadline

would be difficult to meet and would

likely result in numerous filings for

extension of time to reply.

While not a special rule, the

abbreviated time frame nonetheless has

been imposed in a number of instances

where motions have been seriously

contested, and met with success.

Additionally, the special rules require

responses to motions to compel

discovery in seven days, and applying

this time period to all motions practice

will eliminate confusion. In light of

these considerations, the Commission is

not persuaded by the commenter’s

arguments. The Commission’s proposal

will be implemented.

Exhibits

Inclusion of Special Rule 1–B, Exhibits

One commenter notes that the

Commission did not incorporate the

special rule addressing exhibits in its

revised rules. That special rule specifies

what information must be included in

each exhibit, such as cross-references

6538 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

for multi-part exhibits. The commenter

maintains that the special rule on

exhibits ensures the provision of those

citations and references to sources

necessary for a meaningful review of a

particular exhibit, and therefore should

be a part of the Commission’s rules of

practice and procedure. It is suggested

that the special rule be inserted after the

first sentence of rule 31(b), which

pertains to documentary materials.

The Commission agrees that the

special rule on exhibits merits inclusion

in the rules of practice and procedure.

That rule was not proposed for

incorporation in order no. 1274 based

on the Commission’s assessment that

the current rules and the revised rule on

library references sufficiently addressed

the filing of exhibits. See order no. 1273

(64 FR 67487, Dec. 2, 1999). However,

it is possible that the special rule on

exhibits would provide more

comprehensive guidance on the matter.

As suggested, this special rule is

incorporated into current rule 31(b),

documentary material.

Filing Option Terms

Clarification of Proposed Rule 10 (Form

and Number of Copies of Documents)

One commenter questions whether it

is the intention of the Commission to

amend rule 10 to allow pleadings to be

filed either in hardcopy form or on

computer diskettes on a document-bydocument basis.

The proposed amendment to rule 10

does allow participants to select the

medium of filing on a document-bydocument basis. Under the proposed

rule, a participant is not required to

select only one form of filing for all of

that participant’s documents in a given

proceeding.

Number of Copies

Reduction in the Number of Hardcopy

Documents Requested for Filing Under

Rule 10(d)

Under rule 10, any participant filing

a hardcopy document must present an

original and 24 copies of the document.

One commenter proposes that the

number of required hard copies be

reduced, given the availability of such

documents on the Commission’s web

site and the potential time savings

associated with a reduced filing

requirement.

The Commission declines to amend

rule 10 as requested, but notes that an

alternative option was proposed by the

Commission in order no. 1274. The

proposed rule 10 allows for the

electronic filing of documents, with a

reduced number of hard copies. Thus,

participants may submit a filing on

computer diskette (in compliance with

rule 10(c) specifications), accompanied

by only one printed original and three

hard copies of that filing.

Internet-Based Service List

Clarification of Rule 12(d) Regarding the

Appropriate Service List for Compliance

With Service Requirements

One commenter suggests that

Commission rule 12(d) (service list) be

modified to designate the service list on

the Commission’s web site as the

current service list for effective service

of documents. Such a modification

would decrease the likelihood of

participants utilizing out-of-date service

lists, as is possible with reliance on a

hardcopy service list, particularly in

complex, multi-party cases.

The Commission finds this proposal

reasonable, and will so amend rule

12(d). Each participant is responsible for

ensuring that its listing on the

Commission’s web site (www.prc.gov) is

accurate, and should promptly notify

the Commission of any errors.

Postal Service Street Address

Inclusion of Postal Service Street

Address in Rule 12(e)

The Postal Service suggests that rule

12(e), which describes the method of

service of documents, be amended to

include the Postal Service’s street

address. The Commission finds this

proposal reasonable, and therefore

amends rule 12(e) to read, in relevant

part, ‘‘. . . Chief Counsel, Rates and

Classification, U.S. Postal Service, 475

L’Enfant Plaza, SW., Room 6536,

Washington, DC 20260–1137.’’

Suggested Change to Rule 18

Amendment of Rule 18 Regarding

Participants’ Right To Request a

Hearing

One commenter notes that the current

rule 18 (nature of proceedings)

essentially allows participants the right

to request a hearing without specifying

the grounds for the request. In this

regard, rule 18 is inconsistent with other

Commission rules which require that

the underlying purpose for a hearing

request be cited. The commenter

suggests that the phrase ‘‘Except as

otherwise provided in these rules’’ be

added to rule 18 to eliminate this

inconsistency.

The Commission is in favor of

eliminating any perception of

inconsistency in its rules of practice and

procedure. To this end, rule 18(a)

(proceedings to be set for hearing) will

be modified as proposed.

Suggested Change to Rule 21(b)

Modification of Rule 21(b) Regarding

Answers to Motions

A commenter suggests that language

be added to the rule to better signal the

reader that the deadline imposed for

responses to motions to strike, in the

new rule 21(c), varies from the

deadlines otherwise imposed in rule 21.

The Commission finds no compelling

reason to add such language to rule

21(b). In the first instance, the same 7-

day day deadline is imposed for

responses to motions to strike in rule

21(c) and for answers to motions in rule

21(b). Furthermore, the potential for

different deadlines for responses already

is highlighted, as the revised rule 21(b)

provides, in relevant part: ‘‘Within

seven days after a motion is filed, or

such other period as the rules provide

or the Commission or presiding officer

may fix, any participant may file and

serve an answer. . . .’’

Suggested Change in Numbering

Renumbering of Proposed New Rule 25

One commenter suggests that the new

rule 25 be renumbered as ‘‘25a,’’ thereby

eliminating the need to renumber the

current discovery rules. In this manner,

confusion regarding the renumbered

rules may be avoided in future cases,

when the rules pertaining to discovery

are researched, and past Commission

documents referring to the current rule

numbers are cited.

While the Commission understands

this concern, it declines to act on this

suggestion, as the Federal Register

Document Drafting Handbook (DDH)

states that numbers with alpha

characters (such as part 25a) are not

permitted in designating units within

the Code of Federal Regulation (CFR)

system. See Federal Register DDD,

Section 1.12 at 1–22 (October 1998

Revision). The Commission is confident

that the renumbering of the discovery

rules, as proposed in order no. 1274,

will not significantly impact either the

Commission or the participants in

future proceedings.

Rule 25 Clarification

Clarification of Proposed Rule 25 With

Regard to the Extended Period of

Discovery on the Postal Service

The proposed rule 25 provides, in

relevant part, that ‘‘[d]iscovery requests

of this nature are permissible for the

purpose of the development of rebuttal

testimony and may be made up to 20

days prior to the filing date for final

rebuttal testimony.’’ One commenter

suggests that the Commission’s intent to

limit the extended discovery period for

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6539

the sole purpose of rebuttal testimony

development may be more fully realized

by adding the word ‘‘only’’ to the

provision.

It is agreed that modification of rule

25 as suggested is consistent with the

intent of the rule and Commission

precedent. The Commission therefore

modifies rule 25 to read as follows, in

relevant part: ‘‘Discovery requests of

this nature are permissible only for the

purpose of the development of rebuttal

testimony and may be made up to 20

days prior to the filing date for final

rebuttal testimony.’’

Minor Corrections and Conforming

Changes

Several minor technical amendments

to the Commission’s rules of practice

and procedure are now made. In rule

12(d), the phrase ‘‘by each participating

with the address’’ is changed ‘‘by each

participant with the address.’’ In rule

12(e), which provides for the method of

service of documents in Commission

proceedings, the word ‘‘persons’’ is

changed to ‘‘individuals’’ to conform

with the inserted special rules. In rule

26(c), the phrase ‘‘service of

interrogatories’’ is substituted for the

phrase ‘‘the request for production,’’ as

that rule addresses interrogatories for

the purpose of discovery. In rule 26(g),

the word ‘‘party’’ is changed to

‘‘participant,’’ in accordance with

Commission terminology. Likewise, in

rule 27(c), all references to ‘‘party’’ are

changed to ‘‘participant.’’ In rule 27(e),

‘‘[s]uch compelled documents or things

shall be made available to the

participants making the motion * * *’’

is changed to ‘‘[s]uch compelled

documents or things shall be made

available to the participant making the

motion * * *’’ In rule 30(e)(1), the

phrase ‘‘including the Postal Service’’ is

deleted, as the term ‘‘participant’’ used

in the sentence in question encompasses

the Postal Service. Finally, the

Commission notes that a minor

typographical error and some

superfluous text in order no. 1274

which was highlighted by a commenter

was, in fact, corrected in the associated

Federal Register notice. See 64 FR

72622 (Dec. 28, 1999).

Text of Amended Revisions

For the reasons discussed above, the

Commission hereby amends Subpart A

of its rules of practice and procedure as

set forth in the attachment to this order.

[Note: material in the attachment

appears below, conformed to Office of

the Federal Register style requirements.]

Ordering Paragraphs

The first ordering paragraph states

that the Commission adopts the

provisions set out in the attachment as

the final rules amending 39 CFR

3001.1–43. The second paragraph states

that the rules are effective upon

publication in the Federal Register. The

third paragraph states that the Secretary

shall cause this order to be published in

the Federal Register.

Margaret P. Crenshaw,

Secretary.

List of Subjects in 39 CFR Part 3001

Administrative practice and

procedure, Postal Service.

For the reasons discussed in the

preamble, the Commission amends 39

CFR part 3001—Rules of Practice and

Procedure Subpart A—Rules of General

Applicability as follows:

PART 3001—RULES OF PRACTICE

AND PROCEDURE

Subpart A—Rules of General

Applicability

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 § 3001.4 to read as follows:

§ 3001.4 Method of citing rules.

This part shall be referred to as the

‘‘rules of practice.’’ Each section,

paragraph, or subparagraph shall

include only the numbers and letters to

the right of the decimal point. For

example, ‘‘3001.24 Prehearing

conferences’’ shall be referred to as

‘‘section 24’’ or ‘‘rule 24.’’

3. Amend § 3001.5 by revising

paragraph (e) and adding paragraph (q)

to read as follows:

§ 3001.5 Definitions.

* * * * *

(e) Presiding officer means the

Chairman of the Commission in

proceedings conducted by the

Commission en banc or the

Commissioner or employee of the

Commission designated to preside at

hearings or conferences.

* * * * *

(q) Office of the Consumer Advocate

or OCA means the officer of the

Commission designated to represent the

interests of the general public in a

Commission proceeding.

4. Amend § 3001.7 by revising

paragraph (d)(1) to read as follows:

§ 3001.7 Ex parte communications.

* * * * *

(d) Violations of ex parte rules. (1)

Upon notice of a communication

knowingly made or knowingly caused to

be made by a participant in violation of

paragraph (b) of this section, the

Commission or presiding officer at the

hearing may, to the extent consistent

with the interests of justice and the

policy of the underlying statutes,

require the participant to show cause

why his/her claim or interest in the

proceeding should not be dismissed,

denied, disregarded, or otherwise

adversely affected on account of such

violation.

* * * * *

5. Amend § 3001.9 by revising

paragraph (b) to read as follows:

§ 3001.9 Filing of documents.

* * * * *

(b) Acceptance for filing. Only such

documents as conform to the

requirements of this part and any other

applicable rule, regulation or order of

the Commission shall be accepted for

filing. Unacceptable filings will be

rejected by the Secretary and will not be

included in the file in the proceeding

involved. The Secretary shall notify the

sender of any unacceptable document

and the presiding officer in the

proceeding in which such document

was tendered that such document was

rejected. Acceptance for filing shall not

waive any failure to comply with the

rules, and such failure may be cause for

subsequently striking all or any part of

any document.

6. Amend § 3001.10 as follows:

a. Redesignate paragraph (c) as (d),

b. Revise redesignated paragraph (d);

and

c. Add new paragraph (c) to read as

follows:

§ 3001.10 Form and number of copies of

documents.

* * * * *

(c) Computer diskette. Participants

capable of submitting documents stored

on computer diskettes may use an

alternative procedure for filing

documents with the Commission.

Provided that the stored document is a

file generated in either Acrobat (pdf),

Word, or WordPerfect, in lieu of the

other requirements of section 10 of the

rules, a participant may submit a

diskette containing the text of each

filing simultaneously with the filing of

one printed original and three hard

copies. Attachments will be accepted in

their native format (i.e., Excel, Lotus,

etc.). Documents must be submitted in

Arial 12 point font, or such program,

format, or font as the presiding officer

may designate to assist with optical

character recognition (OCR).

6540 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

(d) Number of copies. Except for

correspondence, computer diskette

filing as provided for in paragraph (c) of

this section, or as otherwise permitted

by the Commission, the Secretary or the

presiding officer in any proceeding, all

persons shall file with the Secretary an

original and 24 fully conformed copies

of each document required or permitted

to be filed under this part. The copies

need not be signed but shall show the

full name of the person signing the

original document and the certificate of

service attached thereto.

7. Amend § 3001.12 as follows:

a. Revise paragraph (b),

b. Revise paragraph (d), and

c. Revise paragraph (e) to read as

follows:

3001.12 Service of documents.

* * * * *

(b) Service by the participants. Every

document filed by any person with the

Commission in a proceeding shall be

served by the person filing such

document upon the participants in the

proceeding individually or by such

groups as may be directed by the

Commission or presiding officer except

for discovery requests governed by

§§ 3001.26(a) and (c), 3001.27(a) and (c),

and 3001.28(a) and (c), and except for

designations for written crossexamination, notices of intent to

conduct oral cross-examination and

notices of intent to participate in oral

argument, which need be served only on

the Commission, the OCA, the Postal

Service, and the complementary party

(as applicable), as well as on

participants filing a special request for

service. Also, discovery requests and

pleadings related thereto, such as

objections, motions for extensions of

time, motions to compel or for more

complete answers, and answers to such

pleadings, must be served only on the

Commission, the OCA, the Postal

Service, the complementary party, and

on any other participant so requesting,

as provided in sections 26–28 of the

rules of practice. Special requests

relating to discovery must be served

individually upon the party conducting

discovery and state the witness who is

the subject of the special request.

* * * * *

(d) Service list. The Secretary shall

maintain a current service list in each

proceeding which shall include the

participants in that proceeding and up

to two individuals designated for

service of documents by each

participant with the address and, if

possible, a telephone number and

facsimile number designated in the

participant’s initial pleading in such

proceeding or a notice of appearance as

provided in § 3001.6(c). The service list

shall show the participants actively

participating in the hearing and

representative groups established

pursuant to paragraph (c) of this section.

The Secretary’s current service list for a

particular proceeding may be found on

the Commission’s web site,

www.prc.gov. Each participant is

responsible for ensuring that its listing

on the Commission’s web site is

accurate, and should promptly notify

the Commission of any errors. Service

on the Secretary’s service list in any

proceeding, as directed by the

Commission or the presiding officer,

shall be deemed service in compliance

with the requirements of this section.

(e) Method of service. Service may be

made by First-Class Mail or personal

delivery to the address shown for the

individuals designated on the

Secretary’s service list. Service of any

document upon the Postal Service shall

be made by delivering or mailing six

copies thereof to the Chief Counsel,

Rates and Classification, U.S. Postal

Service, 475 L’Enfant Plaza, SW., Room

6536, Washington, DC 20260–1137.

Service via electronic filing may be

available under circumstances

prescribed by the Commission or the

presiding officer.

* * * * *

8. Amend § 3001.17 by redesignating

paragraphs (a–1), (b) and (c) as

paragraphs (b), (c) and (d).

9. Amend § 3001.18 by revising

paragraph (a) to read as follows:.

§ 3001.18 Nature of proceedings.

(a) Proceedings to be set for hearing.

Except as otherwise provided in these

rules, in any case noticed for a

proceeding to be determined on the

record pursuant to § 3001.17(a), the

Commission may hold a public hearing

if a hearing is requested by any party to

the proceeding or if the Commission in

the exercise of its discretion determines

that a hearing is in the public interest.

The Commission may give notice of its

determination that a hearing shall be

held in its original notice of the

proceeding or in a subsequent notice

issued pursuant to paragraph (b) of this

section and § 3001.19.

* * * * *

10. Revise § 3001.19 to read as

follows:

§ 3001.19 Notice of prehearing conference

or hearing.

In any proceeding noticed for a

proceeding on the record pursuant to

§ 3001.17(a) the Commission shall give

due notice of any prehearing conference

or hearing by including the time and

place of the conference or hearing in the

notice of proceeding or by subsequently

issuing a notice of prehearing

conference or hearing. Such notice of

prehearing conference or hearing shall

give the title and docket designation of

the proceeding, a reference to the

original notice of proceeding and the

date of such notice, and the time and

place of the conference or hearing. Such

notice shall be published in the Federal

Register and served on all participants

in the proceeding involved. Notice of

the time and place where a hearing will

be reconvened shall be served on all

participants in the proceeding unless

announcement was made thereof by the

presiding officer at the adjournment of

an earlier session of the prehearing

conference or hearing.

11. Amend § 3001.20 by revising

paragraph (a) to read as follows:

§ 3001.20 Formal intervention.

(a) Who may intervene. A notice of

intervention will be entertained in those

cases that are noticed for a proceeding

pursuant to § 3001.17(a) from any

person claiming an interest of such

nature that intervention is allowed by

the Act, or appropriate to its

administration.

* * * * *

12. Amend § 3001.20a by revising the

introductory text to read as follows:

§ 3001.20a Limited participation by

persons not parties.

Notwithstanding the provisions of

§ 3001.20, any person may appear as a

limited participator in any case that is

noticed for a proceeding pursuant to

§ 3001.17(a), in accordance with the

following provisions;

* * * * *

13. Amend § 3001.21 as follows:

a. Revise paragraph (b), and

b. Add new paragraph (c) to read as

follows:.

§ 3001.21 Motions.

* * * * *

(b) Answers. Within seven days after

a motion is filed, or such other period

as the rules provide or the Commission

or presiding officer may fix, any

participant to the proceeding may file

and serve an answer in support of or in

opposition to the motion pursuant to

§§ 3001.9 to 3001.12. Such answers

shall state with particularity the

position of the participant with regard

to the ruling or relief requested in the

motion and the grounds and basis and

statutory or other authority relied upon.

Unless the Commission or presiding

officer otherwise provides, no reply to

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6541

an answer or any further responsive

document shall be filed.

(c) Motions to strike. Motions to strike

are requests for extraordinary relief and

are not substitutes for briefs or rebuttal

evidence in a proceeding. All motions to

strike testimony or exhibit materials are

to be submitted in writing at least 14

days before the scheduled appearance of

the witness, unless good cause is

shown. Responses to motions to strike

are due within seven days.

§ 3001.28 [Removed]

14. Remove § 3001.28.

§ 3001.25, 3001.26 and 3001.27

[Redesignate as §§ 3001.26, 3001.27 and

3001.28, respectively]

15. Redesignate §§ 3001.25, 3001.26

and 3001.27 as §§ 3001.26, 3001.27,

3001.28.

16. Revise redesignated § 3001.26 to

read as follows:

§ 3001.26 Interrogatories for purpose of

discovery.

(a) Service and contents. In the

interest of expedition and limited to

information which appears reasonably

calculated to lead to the discovery of

admissible evidence, any participant

may serve upon any other participant in

a proceeding written, sequentially

numbered interrogatories, by witness,

requesting nonprivileged information

relevant to the subject matter in such

proceeding, to be answered by the

participant served, who shall furnish

such information as is available to the

participant. A participant through

interrogatories may require any other

participant to identify each person

whom the other participant expects to

call as a witness at the hearing and to

state the subject matter on which the

witness is expected to testify. The

participant serving the interrogatories

shall file a copy thereof with the

Secretary pursuant to § 3001.9 and shall

also serve the Postal Service and the

OCA. Special requests for service by

other participants shall be honored.

Follow-up interrogatories to clarify or

elaborate on the answer to an earlier

discovery request may be filed after the

initial discovery period ends. They must

be served within seven days of receipt

of the answer to the previous

interrogatory unless extraordinary

circumstances are shown.

(b) Answers. Answers to discovery

requests shall be prepared so that they

can be incorporated as written crossexamination. Each answer shall begin

on a separate page, identify the

individual responding, the participant

who asked the question, and the number

and text of the question. Each

interrogatory shall be answered

separately and fully in writing, unless it

is objected to, in which event the

reasons for objection shall be stated in

the manner prescribed by paragraph (c)

of this section. The participant

responding to the interrogatories shall

serve the answers on the participant

who served the interrogatories within 14

days of the service of the interrogatories

or within such other period as may be

fixed by the presiding officer, but before

the conclusion of the hearing.

Participants may submit responses with

a declaration of accuracy from the

respondent in lieu of a sworn affidavit.

Answers are to be signed by the person

making them. If the person responding

to the interrogatory is unavailable to

sign the answer when filed, a signature

page must be filed within 10 days

thereafter with the Commission, but

need not be served on participants.

Copies of the answers to interrogatories

shall be filed with the Secretary

pursuant to § 3001.9 and shall be served

upon other participants pursuant to

§ 3001.12(b).

(c) Objections. In the interest of

expedition, the bases for objection shall

be clearly and fully stated. If objection

is made to part of an interrogatory, the

part shall be specified. A participant

claiming privilege shall identify the

specific evidentiary privilege asserted

and state the reasons for its

applicability. A participant claiming

undue burden shall state with

particularity the effort which would be

required to answer the interrogatory,

providing estimates of cost and work

hours required, to the extent possible.

An interrogatory otherwise proper is not

necessarily objectionable because an

answer would involve an opinion or

contention that relates to fact or the

application of law to fact, but the

Commission or presiding officer may

order that such an interrogatory need

not be answered until a prehearing

conference or other later time.

Objections are to be signed by the

attorney making them. Copies of

objections to interrogatories shall be

filed with the Secretary pursuant to

§ 3001.9 and shall be served upon the

proponent of the interrogatory, the

Postal Service, and the OCA within 10

days of service of interrogatories.

Special requests for service by other

participants shall be honored.

(d) Motions to compel responses to

discovery. Motions to compel a more

responsive answer, or an answer to an

interrogatory to which an objection was

interposed, should be filed within 14

days of the answer or objection to the

discovery request. The text of the

discovery request, and any answer

provided, should be provided as an

attachment to the motion to compel.

Participants who have objected to

interrogatories which are the subject of

a motion to compel shall have seven

days to answer. Answers will be

considered supplements to the

arguments presented in the initial

objection.

(e) Compelled answers. The

Commission, or the presiding officer,

upon motion of any participant to the

proceeding, may compel a more

responsive answer, or an answer to an

interrogatory to which an objection has

been raised if the objection is found not

to be valid, or may compel an additional

answer if the initial answer is found to

be inadequate. Such compelled answers

shall be served on the participant who

moved to compel the answer within

seven days of the date of the order

compelling an answer or within such

other period as may be fixed by the

presiding officer, but before the

conclusion of the hearing. Copies of the

answers shall be filed with the Secretary

pursuant to § 3001.9 and on participants

pursuant to § 3001.12(b).

(f) Supplemental answers. The

individual or participant who has

answered interrogatories is under the

duty to seasonably amend a prior

answer if he/she obtains information

upon the basis of which he/she knows

that the answer was incorrect when

made or is no longer true. Participants

shall serve supplemental answers to

update or to correct responses whenever

necessary, up until the date the answer

could have been accepted into evidence

as written cross-examination.

Participants filing supplemental

answers shall indicate whether the

answer merely supplements the

previous answer to make it current or

whether it is a complete replacement for

the previous answer.

(g) Orders. The Commission or the

presiding officer may order that any

participant or person shall answer on

such terms and conditions as are just

and may for good cause make any

protective order, including an order

limiting or conditioning interrogatories,

as justice requires to protect a

participant or person from undue

annoyance, embarrassment, oppression,

or expense.

17. Revise redesignated § 3001.27 to

read as follows:

§ 3001.27 Requests for production of

documents or things for purpose of

discovery.

(a) Service and contents. In the

interest of expedition and limited to

information which appears reasonably

calculated to lead to the discovery of

6542 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

admissible evidence, any participant

may serve on any other participant to

the proceeding a request to produce and

permit the participant making the

request, or someone acting in his/her

behalf, to inspect and copy any

designated documents or things which

constitute or contain matters, not

privileged, which are relevant to the

subject matter involved in the

proceeding and which are in the

custody or control of the participant

upon whom the request is served. The

request shall set forth the items to be

inspected either by individual item or

category, and describe each item and

category with reasonable particularity,

and shall specify a reasonable time,

place and manner of making inspection.

The participant requesting the

production of documents or things shall

file a copy of the request with the

Secretary pursuant to § 3001.9 and shall

serve copies thereof upon the Postal

Service and the OCA. Special requests

for service by other participants shall be

honored.

(b) Answers. The participant upon

whom the request is served shall serve

a written answer on the participant who

filed the request within 14 days after the

service of the request, or within such

other period as may be fixed by the

presiding officer. The answer shall state,

with respect to each item or category,

that inspection will be permitted as

requested unless the request is objected

to pursuant to paragraph (c) of this

section. The participant answering the

request shall sign and file a copy of the

answer with the Secretary pursuant to

§ 3001.9 and shall serve copies thereof

upon other participants pursuant to

§ 3001.12(b).

(c) Objections. In the interest of

expedition, the bases for objection shall

be clearly and fully stated. If objection

is made to part of an item or category,

the part shall be specified. A participant

claiming privilege shall identify the

specific evidentiary privilege asserted

and state the reasons for its

applicability. A participant claiming

undue burden shall state with

particularity the effort which would be

required to answer the request,

providing estimates of cost and work

hours required, to the extent possible.

Objections are to be signed by the

attorney making them. The participant

objecting to requests shall serve the

objections on the participant requesting

production of documents or things,

upon the Secretary pursuant to § 3001.9

and upon the Postal Service and the

OCA within 10 days of the request for

production. Special requests for service

by other participants shall be honored.

(d) Motions to compel requests for

production of documents or things for

purposes of discovery. Motions to

compel shall be filed within 14 days of

the answer or objection to the discovery

request. The text of the discovery

request, and any answer provided,

should be provided as an attachment to

the motion to compel. Participants who

have objected to requests for production

of documents or things which are the

subject of a motion to compel shall have

seven days to answer. Answers will be

considered supplements to the

arguments presented in the initial

objection.

(e) Orders. Upon motion of any

participant to the proceeding to compel

a response to discovery, as provided in

paragraph (d) of this section, the

Commission or the presiding officer

may compel production of documents

or things to which an objection has been

raised if the objection is found not to be

valid. Such compelled documents or

things shall be made available to the

participant making the motion within

seven days of the date of the order

compelling production or within such

other period as may be fixed by the

presiding officer, but before the

conclusion of the hearing. Documents or

things ordered to be produced also shall

be filed pursuant to § 3001.9 and served

pursuant to § 3001.12(b). The

Commission or the presiding officer

may, on such terms and conditions as

are just and reasonable, order that any

participant in a proceeding shall

respond to a request for inspection, and

may make any protective order of the

nature provided in § 3001.26(g) as may

be appropriate.

18. Revise redesignated § 3001.28 to

read as follows:

§ 3001.28 Requests for admissions for

purpose of discovery.

(a) Service and content. In the interest

of expedition, any participant may serve

upon any other participant a written

request for the admission, for purposes

of the pending proceeding only, of any

relevant, unprivileged facts, including

the genuineness of any documents or

exhibits to be presented in the hearing.

The participant requesting the

admission shall file a copy of the

request with the Secretary pursuant to

§ 3001.9 and shall serve copies thereof

upon the Postal Service and the OCA.

Special requests for service by other

participants shall be honored.

(b) Answers. Each matter of which an

admission is requested shall be

separately set forth and is admitted

unless within 14 days after service of

the request, or within such other period

as may be fixed by the presiding officer,

the participant to whom the request is

directed serves upon the participant

requesting the admission a written

answer or files an objection pursuant to

paragraph (c) of this section. A

participant who answers a request for

admission shall file a copy of the

answer with the Secretary pursuant to

§ 3001.9 and shall serve copies thereof

upon other participants pursuant to

§ 3001.12(b).

(c) Objections. In the interest of

expedition, the bases for objection shall

be clearly and fully stated. If objection

is made to part of an item, the part shall

be specified. A participant claiming

privilege shall identify the specific

evidentiary privilege asserted and state

the reasons for its applicability. A

participant claiming undue burden shall

state with particularity the effort which

would be required to answer the

request, providing estimates of cost and

work hours required to the extent

possible. Objections are to be signed by

the attorney making them. The

participant objecting to requests for

admissions shall serve the objections on

the participant requesting admissions,

upon the Secretary pursuant to § 3001.9

and upon the Postal Service and the

OCA, within 10 days of the request.

Special requests for service by other

participants shall be honored.

(d) Motions to compel responses to

requests for admissions. Motions to

compel a more responsive answer, or an

answer to a request to which an

objection was interposed, shall be filed

within 14 days of the answer or

objection to the request for admissions.

The text of the request for admissions,

and any answer provided, should be

provided as an attachment to the motion

to compel. Participants who have

objected to requests for admissions

which are the subject of a motion to

compel shall have seven days to answer.

Answers will be considered

supplements to the arguments presented

in the initial objection.

(e) Orders. Upon motion of any

participant to the proceeding the

Commission or the presiding officer

may compel answers to a request for

admissions to which an objection has

been raised if the objection is found not

to be valid. Such compelled answers

shall be served on the participants who

moved to compel the answers within

seven days of the date of the order

compelling production or within such

other period as may be fixed by the

Commission or the presiding officer, but

before the conclusion of the hearing.

Copies of the answers shall be filed

upon the Secretary pursuant to § 3001.9

and served upon other participants

pursuant to § 3001.12(b). If the

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6543

Commission or presiding officer

determines that an answer does not

comply with the requirements of this

rule, it may order either that the matter

is admitted or that an amended answer

be served.

19. Add § 3001.25 to read as follows:

§ 3001.25 Discovery—general policy.

(a) Rules 26 through 28 allow

discovery reasonably calculated to lead

to admissible evidence during a noticed

proceeding. Generally, discovery against

a participant will be scheduled to end

prior to the receipt into evidence of that

participant’s direct case. An exception

to this procedure shall operate in all

proceedings brought under 39 U.S.C.

3622, 3623, 3661 and 3662 when a

participant needs to obtain information

(such as operating procedures or data)

available only from the Postal Service.

Discovery requests of this nature are

permissible only for the purpose of the

development of rebuttal testimony and

may be made up to 20 days prior to the

filing date for final rebuttal testimony.

(b) The discovery procedures set forth

in rules 26 through 28 are not exclusive.

Participants are encouraged to engage in

informal discovery whenever possible to

clarify exhibits and testimony. The

results of these efforts may be

introduced into the record by

stipulation, by supplementary testimony

or exhibit, by presenting selected

written interrogatories and answers for

adoption by a witness at the hearing, or

by other appropriate means. In the

interest of reducing motion practice,

parties also are expected to use informal

means to clarify questions and to

identify portions of discovery requests

considered overbroad or burdensome.

(c) If a participant or an officer or

agent of a participant fails to obey an

order of the Commission or the

presiding officer to provide or permit

discovery pursuant to §§ 3001.26 to

3001.28, the Commission or the

presiding officer may make such orders

in regard to the failure as are just, and

among others, may direct that the

matters regarding which the order was

made or any other designated facts shall

be taken to be established for the

purposes of the proceeding in

accordance with the claim of the

participants obtaining the order, or

prohibit the disobedient participant

from introducing designated matters in

evidence, or strike the evidence,

complaint or pleadings or parts thereof.

20. Amend § 3001.30 by revising

paragraph (e) to read as follows:

§ 3001.30 Hearings.

* * * * *

(e)(1) Presentations by participants.

Any participant shall have the right in

public hearings of presentation of

evidence, cross-examination (limited to

testimony adverse to the participant

conducting the cross-examination),

objection, motion, and argument. The

case-in-chief of participants other than

the proponent shall be in writing and

shall include the participant’s direct

case and rebuttal, if any, to the initial

proponent’s case-in-chief. It may be

accompanied by a trial brief or legal

memoranda. (Legal memoranda on

matters at issue will be welcome at any

stage of the proceeding.) There will be

an opportunity for participants to rebut

presentations of other participants and

for the initial proponent to present

surrebuttal evidence. New affirmative

matter (not in reply to another

participant’s direct case) should not be

included in rebuttal testimony or

exhibits. When objections to the

admission or exclusion of evidence

before the Commission or the presiding

officer are made, the grounds relied

upon shall be stated. Formal exceptions

to rulings are unnecessary.

(2) Written cross-examination.

Written cross-examination will be

utilized as a substitute for oral crossexamination whenever possible,

particularly to introduce factual or

statistical evidence. Designations of

written cross-examination should be

served no later than three working days

before the scheduled appearance of a

witness. Designations shall identify

every item to be offered as evidence,

listing the participant who initially

posed the discovery request, the witness

and/or party to whom the question was

addressed (if different from the witness

answering), the number of the request

and, if more than one answer is

provided, the dates of all answers to be

included in the record. (For example,

‘‘OCA–T1–17 to USPS witness Jones,

answered by USPS witness Smith

(March 1, 1997) as updated (March 21,

1997)).’’ When a participant designates

written cross-examination, two copies of

the documents to be included shall

simultaneously be submitted to the

Secretary of the Commission. The

Secretary of the Commission shall

prepare for the record a packet

containing all materials designated for

written cross-examination in a format

that facilitates review by the witness

and counsel. The witness will verify the

answers and materials in the packet,

and they will be entered into the

transcript by the presiding officer.

Counsel may object to written crossexamination at that time, and any

designated answers or materials ruled

objectionable will be stricken from the

record.

(3) Oral cross-examination. Oral

cross-examination will be permitted for

clarifying written cross-examination and

for testing assumptions, conclusions or

other opinion evidence. Notices of

intent to conduct oral cross-examination

should be delivered to counsel for the

witness and served three or more

working days before the announced

appearance of the witness and should

include specific references to the subject

matter to be examined and page

references to the relevant direct

testimony and exhibits. Participants

intending to use complex numerical

hypotheticals, or to question using

intricate or extensive cross-references,

shall provide adequately documented

cross-examination exhibits for the

record. Copies of these exhibits should

be delivered to counsel for the witness

at least two calendar days (including

one working day) before the scheduled

appearance of the witness.

* * * * *

21. Amend § 3001.31 as follows:

a. Revise paragraph (b)(1),

b. Revise paragraph (c),

c. Revise paragraph (e), and

d. Revise paragraph (f).

e. Revise paragraphs (k)(3)(i)(d)

through (f), (k)(3)(i)(i) and paragraph

(k)(4) to read as follows:

§ 3001.31 Evidence.

* * * * *

(b) Documentary material.—(1)

General. Documents and detailed data

and information shall be presented as

exhibits. Exhibits should be selfexplanatory. They should contain

appropriate footnotes or narrative

explaining the source of each item of

information used and the methods

employed in statistical compilations.

The principal title of each exhibit

should state what it contains or

represents. The title may also contain a

statement of the purpose for which the

exhibit is offered; however, this

statement will not be considered part of

the evidentiary record. Where one part

of a multi-part exhibit is based on

another part or on another exhibit,

appropriate cross-references should be

made. Relevant exposition should be

included in the exhibits or provided in

accompanying testimony. Testimony,

exhibits and supporting workpapers

prepared for Commission proceedings

that are premised on data or conclusions

developed in a library reference shall

provide the location of that information

within the library reference with

sufficient specificity to permit ready

reference, such as the page and line, or

6544 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

the file and the worksheet or

spreadsheet page or cell. Where relevant

and material matter offered in evidence

is embraced in a document containing

other matter not material or relevant or

not intended to be put in evidence, the

participant offering the same shall

plainly designate the matter offered

excluding the immaterial or irrelevant

parts. If other matter in such document

is in such bulk or extent as would

unnecessarily encumber the record, it

may be marked for identification, and,

if properly authenticated, the relevant

and material parts may be read into the

record, or, if the Commission or

presiding officer so directs, a true copy

of such matter in proper form shall be

received in evidence as an exhibit.

Copies of documents shall be delivered

by the participant offering the same to

the other participants or their attorneys

appearing at the hearing, who shall be

afforded an opportunity to examine the

entire document and to offer in

evidence in like manner other material

and relevant portions thereof.

* * * * *

(c) Commission’s files. Except as

otherwise provided in § 3001.31(e), in

case any matter contained in a report or

other document on file with the

Commission is offered in evidence, such

report or other document need not be

produced or marked for identification,

but may be offered in evidence by

specifying the report, document, or

other file containing the matter so

offered.

* * * * *

(e) Designation of evidence from other

Commission dockets. Participants may

request that evidence received in other

Commission proceedings be entered

into the record of the current

proceeding. These requests shall be

made by motion, shall explain the

purpose of the designation, and shall

identify material by page and line or

paragraph number. Absent

extraordinary justification, these

requests must be made at least 28 days

before the date for filing the

participant’s direct case. Oppositions to

motions for designations and/or

requests for counter-designations shall

be filed within 14 days. Oppositions to

requests for counter-designations are

due within seven days. At the time

requests for designations and counterdesignations are made, the moving

participant must submit two copies of

the identified material to the Secretary

of the Commission.

(f) Form of prepared testimony and

exhibits. Unless the presiding officer

otherwise directs, the direct testimony

of witnesses shall be reduced to writing

and offered either as such or as an

exhibit. All prepared testimony and

exhibits of a documentary character

shall, so far as practicable, conform to

the requirements of § 3001.10(a) and (b).

* * * * *

(k) * * *

(3) * * *

(i) * * *

(d) A hard copy of all data bases;

(e) For all source codes,

documentation sufficiently

comprehensive and detailed to satisfy

generally accepted software

documentation standards appropriate to

the type of program and its intended use

in the proceeding;

(f) The source code in hardcopy form;

* * * * *

(i) An expert on the design and

operation of the program shall be

provided at a technical conference to

respond to any oral or written questions

concerning information that is

reasonably necessary to enable

independent replication of the program

output. Machine-readable data files and

program files shall be provided in the

form of a compact disk or other media

or method approved in advance by the

Administrative Office of the Postal Rate

Commission. Any machine-readable

data file or program file so provided

must be identified and described in

accompanying hardcopy

documentation. In addition, files in text

format must be accompanied by hardcopy instructions for printing them.

Files in machine code must be

accompanied by hardcopy instructions

for executing them.

* * * * *

(4) Expedition. The offeror shall

expedite responses to requests made

pursuant to this section. Responses shall

be served on the requesting party, and

notice thereof filed with the Secretary in

accordance with the provisions of

§ 3001.12, no later than 14 days after a

request is made.

22. Amend § 3001.43 as follows:

a. Revise paragraphs (e)(4)

introductory text and (e)(4)(i),

b. Revise paragraph (g)(1)(iii), and

c. Revise paragraph (g)(2)(iii).

§ 3001.43 Public attendance at

Commission meetings.

* * * * *

(e) * * *

(4) The public announcement

required by this section may consist of

the Secretary:

(i) Publicly posting a copy of the

document in the office of the Secretary

of the Commission at 1333 H Street,

NW., Suite 300, Washington, DC 20268–

0001;

* * * * *

(g) * * *

(1) * * *

(iii) Ten copies of such requests must

be received by the office of the Secretary

no later than three working days after

the issuance of the notice of meeting to

which the request pertains. Requests

received after that time will be returned

to the requester with a statement that

the request was untimely received and

that copies of any nonexempt portions

of the transcript or minutes for the

meeting in question will ordinarily be

available in the office of the Secretary

10 working days after the meeting.

* * * * *

(2) * * *

(iii) Ten copies of such requests

should be filed with the office of the

Secretary as soon as possible after the

issuance of the notice of meeting to

which the request pertains. However, a

single copy of the request will be

accepted. Requests to close meetings

must be received by the office of the

Secretary no later than the time

scheduled for the meeting to which

such a request pertains.

* * * * *

[FR Doc. 00–3026 Filed 2–7–00; 1:08 pm]

BILLING CODE 7710–FW–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–247; FCC 99–362]

Fees for Ancillary or Supplementary

Use of Digital Television Spectrum

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document denies

Petitions for Reconsideration of the

Report and Order in this proceeding. It

reaffirms the previously established fee

of five percent of gross revenues

received from feeable ancillary or

supplementary services provided by

DTV stations. It also reaffirms the

conclusion that home shopping,

infomercial, and direct marketing

services are not feeable.

EFFECTIVE DATE: January 15, 1999.

FOR FURTHER INFORMATION CONTACT:

Mania Baghdadi, Policy and Rules

Division, Mass Media Bureau (202) 418–

2120.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order,

(‘‘MO&O’’), FCC 99–362, adopted

November 19, 1999 and released

November 24, 1999. The full text of this