42074 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

1Although these provisions of the U.S. Code are 

customarily referred to collectively as the ‘‘Private 

Express Statutes,’’ they do not all relate to private 

expresses or prohibit carriage of letters out of the 

mails. 

2Advance Notice of Proposed Rulemaking to 

Consider Regulations to Carry Out the Statutory 

Requirements of 39 U.S.C. 601, February 7, 2020 

(Order No. 5422). 

3See Order Holding Rulemaking in Abeyance, 

July 2, 2021 (Order No. 5929); Docket No. PI2021– 

2, Notice and Order Providing an Opportunity to 

Comment on Regulations Pertaining to 39 U.S.C. 

601, July 2, 2021 (Order No. 5930). 

4Notice of Proposed Rulemaking for Regulations 

Pertaining to Section 601, November 24, 2021 

(Order No. 6047). 

5See Docket No. PI2021–2, Order Closing Docket, 

November 24, 2021 (Order No. 6046). 

6See Order No. 6047 at 16 (describing commenter 

concern about substantive changes and expressing 

an intention to maintain stability). 

9, 2022; 11 p.m. on Septemebr 23, 2022 

until 7 a.m. on September 24, 2022; and 

11 p.m. on Septemebr 29, 2022 until 7 

a.m. on September 30, 2022. 

Dated: July 5, 2022 

P.M. Hilbert, 

Captain, U.S. Coast Guard, Captain of the 

Port Puget Sound. 

[FR Doc. 2022–15014 Filed 7–13–22; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3065 

[Docket No. RM2020–4; Order No. 6221] 

RIN 3211–AA26 

Market Dominant Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adopting 

rules that describe when the letter 

monopoly does not apply to a 

mailpiece. 

DATES: Effective August 15, 2022. 

ADDRESSES: For additional information, 

Order No. 6221 can be accessed 

electronically through the Commission’s 

website at https://www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Basis and Purpose of Final Rules 

III. Final Rules 

I. Background 

The Postal Service has exclusive 

rights in the carriage and delivery of 

letters under certain circumstances. 

This letter monopoly is codified in the 

Private Express Statutes (PES), which 

are a group of civil and criminal statutes 

that make it unlawful for any entity 

other than the Postal Service to send or 

carry letters. See 18 U.S.C. 1693–1699; 

39 U.S.C. 601–606.1

Section 601 provides specific 

instances (exceptions) where letters may 

be carried out of the mail (i.e., not 

subject to the letter monopoly). These 

statutory exceptions include letters 

charged more than six times the current 

rate for the first ounce of a single-piece 

first class letter and letters weighing 

more than 12.5 ounces. See 39 U.S.C. 

601(b)(1), (b)(2). A ‘‘grandfather clause’’ 

in Section 601(b)(3) also references 

exceptions from prior Postal Service 

policies and regulations. The statute 

also directs the Commission to 

promulgate any regulations necessary to 

carry out this section. See 39 U.S.C. 

601(c). 

II. Basis and Purpose of Final Rules 

The Commission initiated this 

proceeding to determine whether 

regulations promulgated by the 

Commission may be necessary to carry 

out the requirements of 39 U.S.C. 601.2

The Commission received a wide range 

of comments in response to Order No. 

5422, but found it necessary to gather 

more information before promulgating 

regulations under Section 601. Thus, the 

Commission held this docket in 

abeyance and initiated a public inquiry 

seeking further input from the public.3

Based on the comments received in 

this docket and the comments received 

in Docket No. PI2021–2, the 

Commission filed a notice of proposed 

rulemaking proposing new regulations 

necessary to carry out Section 601.4

Having received adequate input from 

the public in order to propose 

regulations in this docket, the 

Commission issued an order closing the 

public inquiry docket.5

Based on input from commenters and 

to maintain stability in the mailing 

industry, the Commission found that no 

substantive regulations were necessary 

at that time. Nonetheless, the 

Commission found it necessary to issue 

regulations that provide some clarity on 

the Section 601, and its relationship 

with the Postal Service’s regulations. 

The Commission also found it necessary 

to provide a process for the public to 

seek clarification of the statute or the 

letter monopoly should the need arise in 

the future. 

The final rules incorporate many of 

the suggestions identified by 

commenters, as well as additional 

clarifying language added by the 

Commission; however, the substance of 

the rules remains unchanged. 

To clarify the rule proposed 

§ 3065.1(a), the Commission accepts the 

Postal Service’s suggested modifications 

and amends § 3065.1(a). 

The Commission adopts proposed 

§ 3065.1(b) without any modification, 

explaining that the rule will track the 

language of the statute in the rule. 

The Commission finds that the text of 

proposed § 3065.2 may unintentionally limit 

the Postal Service’s ability to perform its 

ordinary operations and introduce confusion 

where the Commissions wishes to maintain 

stability.6 Based on concerns from TBC and 

the Postal Service, the Commission removes 

the words ‘‘issue guidance’’ from the text of 

the rules. 

Finally, no commenter proposed 

changes to proposed § 3065.3, which 

provides procedures for parties seeking 

clarification or interpretation of the 

statute or regulations concerning 

Section 601, and thus, the Commission 

adopts the proposed rule without 

modification. 

III. Final Rules 

The Commission adopts regulations 

necessary to carry out 39 U.S.C. 601 and 

places them in a new section in 39 CFR 

part 3065. 

List of Subjects for 39 CFR Part 3020 

Administrative practice and 

procedure, Postal Service. 

■ For the reasons stated in the preamble, 

the Commission amends chapter III of 

title 39 of the Code of Federal 

Regulations by adding part 3065 to read 

as follows: 

PART 3065—RULES FOR LETTERS 

CARRIED OUT OF THE MAIL 

Sec. 

3065.1 Applicability and scope. 

3065.2 Prohibition on new regulations. 

3065.3 Procedure for seeking clarification 

or interpretation. 

Authority: 39 U.S.C. 503, 601. 

§ 3065.1 Applicability and scope. 

(a) The rules in this part implement 

39 U.S.C. 601, which describes certain 

circumstances in which letters may be 

carried out of the mail. 

(b) Notwithstanding placement in 

Postal Service chapter I of this title, the 

following provisions in parts 310 and 

320 of this title are within the scope of 

this part and the Commission has the 

authority to interpret them: 

(1) Section 310.1 of this title; 

(2) Sections 310.2(b)(1) and (2) of this 

title; and 

(3) Sections 320.1 through 320.8 of 

this title. 

(c) In the event of a conflict between 

39 U.S.C. 601 and applicable regulations 


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Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 42075 

under parts 310 and 320 of this title, 39 

U.S.C. 601 shall supersede any other 

generally applicable requirements. 

§ 3065.2 Prohibition on new regulations. 

(a) The Postal Service may not 

promulgate any new regulations or enter 

into agreements purporting to suspend 

or otherwise define the scope of the 

letter monopoly. 

(b) The Postal Service may not 

promulgate any new regulations 

purporting to interpret 39 U.S.C. 601. 

(c) The Commission has the sole 

authority to promulgate new regulations 

necessary to carry out 39 U.S.C. 601. 

§ 3065.3 Procedure for seeking 

clarification or interpretation. 

(a) The Commission may, on its own 

motion, initiate a proceeding under this 

subpart pursuant to § 3010.201(a) of this 

chapter. 

(b) The Commission may provide 

interpretation of these regulations or 39 

U.S.C. 601 upon: 

(1) A party’s request to initiate a 

rulemaking proceeding with the 

Commission pursuant to the 

requirements of § 3010.201(b) of this 

chapter; or 

(2) A party’s request for an advisory 

opinion from the General Counsel. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2022–14959 Filed 7–13–22; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R01–UST–2022–0204; FRL–9581–02– 

R1] 

Vermont: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of Vermont’s Underground Storage Tank 

(UST) program submitted by the 

Vermont Department of Environmental 

Conservation (VT DEC). This action also 

codifies EPA’s approval of Vermont 

State program and incorporates by 

reference those provisions of the State 

regulations that we have determined 

meet the requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

Subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: This rule is effective September 

12, 2022, unless EPA receives adverse 

comment by August 15, 2022. If EPA 

receives adverse comments, it will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of September 12, 2022, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: coyle.joan@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–UST–2022– 

0204. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. EPA encourages electronic 

submittals, but if you are unable to 

submit electronically, please reach out 

to the EPA contact person listed in the 

notice for assistance. 

Docket: All documents in the docket 

are listed in the https://

www.regulations.gov index. Although 

listed in the index, some information 

might not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

might be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy. 

IBR and supporting material: The 

EPA encourages electronic reviewing of 

these documents, but if you are unable 

to review these documents 

electronically, please contact Joan Coyle 

to schedule an appointment to view the 

documents at the Region 1 Office, 5 Post 

Office Square, 1st Floor, Boston, MA 

02109–3912. The facility is open from 

8:30 a.m. to 4:00 p.m., Monday through 

Friday, excluding Federal holidays. 

Interested persons wanting to examine 

these documents should make an 

appointment at least two weeks in 

advance. EPA Region 1 requires all 

visitors to adhere to the COVID–19 

protocol. Please contact Joan Coyle for 

the COVID–19 protocol requirements for 

your appointment. The EPA continues 

to carefully and continuously monitor 

information from the Centers for Disease 

Control and Prevention (CDC), local area 

health departments, and our federal 

partners so that we can respond rapidly 

as conditions change regarding COVID– 

19. For further information on EPA 

Docket Center services and the current 

status, please visit us online at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Joan 

Coyle, (617) 918–1303, coyle.joan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Vermont’s 

Underground Storage Tank Program 

A. Why are revisions to state programs 

necessary? 

States that have received final 

approval from the EPA under RCRA 

section 9004(b) of RCRA, 42 U.S.C. 

6991c(b), must maintain an 

underground storage tank program that 

is equivalent to, consistent with, and no 

less stringent than the Federal UST 

program. Either EPA or the approved 

state may initiate program revision. 

When EPA makes revisions to the 

regulations that govern the UST 

program, states must revise their 

programs to comply with the updated 


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