4606 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules 

1 ‘‘Whenever the Postal Regulatory Commission 

modifies the list of products in the market 

dominant category or the competitive category, it 

shall cause notice of such change to be published 

in the Federal Register.’’ 39 CFR 3020.14; 39 U.S.C. 

3642(d)(1). 

2 39 CFR 3020.14; 39 U.S.C. 3642(d)(1). 

3 5 U.S.C. 553(b)(3)(A). 

4 39 U.S.C. 3642(d)(1). 

5See 39 U.S.C. 3642, which only requires the 

Commission to publish actual changes, not 

proposed changes to the MCS in the Federal 

Register. 

6See 5 U.S.C. 553(b)(3)(A) and 39 U.S.C. 

3642(d)(2). This does not prohibit the Commission 

from choosing, on its own accord, to publish such 

proposals to give the public opportunity for noticeand-comment. 

7The redline draft of the MCS is available to the 

public on the Commission’s Web site. 

8 39 CFR 3020.14; 39 U.S.C. 3642. 

of Information Reading Room (FOIA RR) 

(Room 1621) which is located at the 

11th and Pennsylvania Avenue NW., 

entrance, 1111 Constitution Avenue 

NW., Washington, DC 20224. 

Because of access restrictions, the IRS 

will not admit visitors beyond the 

immediate entrance area more than 30 

minutes before the hearing starts. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. 2016–01520 Filed 1–26–16; 8:45 am] 

BILLING CODE 4830–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. RM2016–5; Order No. 2039] 

Procedures Related to the Mail 

Classification Schedule 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is proposing 

rules which amend the existing 

Commission rules related to the 

publication of specific notices related to 

the Mail Classification Schedule and 

Product Lists in the Federal Register. 

The proposed rules seek to modify 

Commission rules that require the 

publication of duplicative filings. The 

Commission invites public comment on 

the proposed rules. 

DATES: Comments are due: February 26, 

2016. Reply comments are due: March 

14, 2016. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Proposed Changes to the Publishing 

Requirements of Product Lists Under 39 

CFR part 3020 

III. Invitation to Comment 

IV. Ordering Paragraphs 

I. Background 

The Postal Regulatory Commission 

(Commission) establishes a rulemaking 

docket pursuant to its responsibilities 

under the Postal Accountability and 

Enhancement Act (PAEA), Public Law 

109–435, 120 Stat. 3198 (2006), to 

consider amendments to the 

Commission’s rules concerning the 

product lists, 39 CFR part 3020. The 

proposed amendments make minor 

changes to rules that obligate the 

Commission to publish, in the Federal 

Register, the initial proposals from the 

Postal Service requesting to modify the 

product lists published in the Mail 

Classification Schedule (MCS) and draft 

modifications to the MCS approved by 

the Commission. There is no statutory 

requirement that the Commission 

publish these notices and orders. 

Specifically the proposed rules remove 

the Commission’s obligation to publish 

duplicative filings: (1) The initial 

notices and orders identifying a Postal 

Service request to modify the MCS, 

which are duplicative of the Postal 

Service notices/requests to modify the 

MCS; and (2) the orders identifying draft 

MCS changes approved by the 

Commission but not yet finalized in a 

modification to the MCS, which are 

duplicative of the quarterly MCS 

update. As required, pursuant to 

§ 3020.14,1 the Commission will 

continue to publish the modified MCS 

(as opposed to its draft) in the Federal 

Register. 

II. Proposed Changes to the Publishing 

Requirements of Product Lists Under 39 

CFR Part 3020 

The changes proposed in this Order 

eliminate the requirements in the 

Commission’s regulations that the 

Commission publish notices and final 

orders regarding proposed modifications 

and draft changes to the competitive 

and market dominant products of the 

MCS in the Federal Register. 

The Commission must publish all 

actual modifications to the MCS in the 

Federal Register.2 The Commission may 

eliminate publishing such notices and 

final orders regarding competitive and 

market dominant product modifications 

to the MCS in the Federal Register 

because neither constitutes an actual 

modification to the MCS. 

The MCS is an interpretive rule, as it 

serves an advisory function of 

explaining how the Postal Service 

categorizes mail products and assures 

the Postal Service will provide a 

consistent and uniform interpretation of 

these products. The Commission’s 

notice-and-comment requirements, 

based on 5 U.S.C. 553, do not apply to 

interpretive rules.3 Because the Postal 

Service is required by statute to publish 

its proposed changes to the MCS in the 

Federal Register,4 a re-publication by 

the Commission is duplicative and not 

required by statute.5 Similarly, again 

because the MCS is an interpretive rule, 

the Commission is not obligated to 

provide notice-and-comment for 

modifications proposed by itself or third 

parties, such as the Public 

Representative or users of the mail.6

All actual changes on the MCS take 

effect only when the Commission issues 

the revised MCS (based on the draft). 

The Commission’s final orders regarding 

proposed changes to the MCS state 

whether the change has been approved 

by the Commission and adds the change 

to a working draft of the MCS that can 

be found on the Commission’s Web site. 

The working draft does not constitute a 

revised MCS.7 The Commission is only 

obligated to publish actual changes on 

interpretive rules in the Federal 

Register.8 An actual MCS modification 

occurs only when the Commission 

incorporates all the changes from the 

working draft into a final product and 

publishes the revised MCS in the 

Federal Register. Currently, the 

Commission issues a revised MCS on a 

quarterly basis. 

Proposed changes to 39 CFR part 3020 

related to the Federal Register 

publication requirement are reproduced 

below the Secretary’s signature on this 

Order. 

III. Invitation To Comment 

Interested persons are invited to 

comment on the proposed changes to 

part 3020. Comments are due within 30 

days of the date of publication of this 

notice in the Federal Register. 

Pursuant to 39 U.S.C. 505, Katrina R. 

Martinez is designated as the Public 

Representative in this proceeding to 

represent the interests of the general 

public. 

IV. Ordering Paragraphs 

It is ordered: 

1. Docket No. RM2016–5 is 

established for the purpose of receiving 

comments on the proposed changes to 

part 3020, as discussed in this Order. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules 4607 

2. Interested parties may submit 

comments no later than 30 days from 

the date of publication of this notice in 

the Federal Register. 

3. Pursuant to 39 U.S.C. 505, Katrina 

R. Martinez is appointed to serve as 

Public Representative in this 

proceeding. 

4. 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 3020 

Administrative practice and 

procedure. 

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 3020—PRODUCT LISTS 

■ 1. The authority citation for part 3020 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3622; 3631; 

3642; 3682. 

■ 1. Amend § 3020.33 by revising the 

introductory text and paragraph (d), 

removing paragraph (e), and 

redesignating paragraph (f) as paragraph 

(e). The revisions read as follows: 

§ 3020.33 Docket and notice. 

The Commission will establish a 

docket for each request to modify the 

market dominant list or the competitive 

product list and post the filing on its 

Web site. The notice shall include: 

* * * * * 

(d) The identification of an officer of 

the Commission to represent the 

interests of the general public in the 

docket; and 

(e) Such other information as the 

Commission deems appropriate. 

■ 2. Amend § 3020.53 by revising the 

introductory text and paragraph (d), 

removing paragraph (e), and 

redesignating paragraph (f) as paragraph 

(e). The revisions read as follows: 

§ 3020.53 Docket and notice. 

The Commission will establish a 

docket for each request to modify the 

market dominant list or the competitive 

product list and post the filing on its 

Web site. The notice shall include: 

* * * * * 

(d) The identification of an Office of 

the Commission to represent the 

interests of the general public in the 

docket; and 

(e) Such other information as the 

Commission deems appropriate. 

■ 3. Amend § 3020.82 by revising 

paragraphs (c) and (d), and removing 

paragraph (e). The revisions read as 

follows: 

§ 3020.82 Docket and notice of material 

changes to product descriptions. 

* * * * * 

(c) Publish notice of the request on its 

Web site; and 

(d) Designate an officer of the 

Commission to represent the interests of 

the general public in the docket. 

(e) [Removed] 

■ 4. Amend § 3020.91 by revising 

paragraphs (c) and (d), and removing 

paragraph (e). The revisions read as 

follows: 

§ 3020.91 Docket and notice of minor 

corrections to product descriptions. 

* * * * * 

(c) Publish notice of the proposal on 

its Web site; and 

(d) Designate an officer of the 

Commission to represent the interests of 

the general public in the docket. 

(e) [Removed] 

[FR Doc. 2016–01407 Filed 1–26–16; 8:45 am] 

BILLING CODE 7710–FW–P 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS