[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23113-23115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11533]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3001

[Docket No. RM2009-4; Order No. 214]


Updates to Rules of Practice

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is removing obsolete rules of practice from the 
Code of Federal Regulations. The removed rules have been overtaken by 
rulemakings implementing a new postal law.

DATES: Effective May 18, 2009.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-7689-6824 and <a href="/cdn-cgi/l/email-protection#d4a7a0b1a4bcb1bafaa7bcb5a6b2b9b5ba94a4a6b7fab3bba2"><span class="__cf_email__" data-cfemail="c3b0b7a6b3aba6adedb0aba2b1a5aea2ad83b3b1a0eda4acb5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule amends part 3001 of the Postal Regulatory 
Commission's rules of practice and procedure, 39 CFR part 3001, by 
removing subparts B, C, F, G, I, J, K, and L. As explained below, these 
rules have been rendered obsolete by the passage of the Postal 
Accountability and Enhancement Act (PAEA), Public Law No. 109-435, 120 
Stat. 3218 (2006).
    The PAEA transformed the Postal Rate Commission into the Postal 
Regulatory Commission (Commission); repealed several key sections of 
title 39 of the United States Code; and added a number of new statutory 
provisions to title 39. The result was a major change in the 
Commission's regulatory responsibilities and authorities. In response 
to the changes made by the PAEA, the Commission, on October 29, 2007, 
established a new system of ratemaking which was markedly different 
from the prior regulatory regime. Docket No. RM2007-1, Order 
Establishing Ratemaking Regulations for Market Dominant and Competitive 
Products, October 29, 2009 (Order No. 43).
    Because of changes made by the PAEA and Order No. 43, subparts B, 
C, F, G, I, J, K, and L of part 3001 of the Commission's rules of 
practice are obsolete and are being removed to avoid uncertainty and 
confusion.

II. Discussion

A. 39 CFR Part 3001, Subpart B--Rules Applicable to Requests for 
Changes in Rates or Fees

    Part 3001, subpart B, was adopted in 1971 and covered requests by 
the Postal Service for the issuance of recommended decisions by the 
Postal Rate Commission on proposed changes in rates and fees. 36 FR 396 
(January 12, 1971). Subpart B implemented section 3622 of the Postal 
Reorganization Act (PRA). Section 201(a) of the PAEA struck PRA 
Sec. Sec.  3621 and 3622 from title 39 of the United States Code and 
replaced those two sections with the following new sections: Sec. Sec.  
3621 and 3622 (applicable to market dominant products) and Sec. Sec.  
3631 through 3634 (applicable to competitive products).
    To implement these statutory changes, the Commission, in Order No. 
43, promulgated new regulations as parts 3010 and 3015. Those latter 
parts now govern rate changes for market dominant and competitive 
products, respectively.
    The repeal of 39 U.S.C. 3621 and 3622; the addition of new 
Sec. Sec.  3621, 3622, and 3631 through 3634 to title 39; and the 
adoption of parts 3010 and 3015 to the Commission's rules of practice 
and procedure have, together, rendered subpart B of part 3001 obsolete. 
Accordingly, the Commission is removing subpart B.

[[Page 23114]]

B. 39 CFR Part 3001 Subpart C--Rules Applicable to Requests for 
Establishing or Changing the Mail Classification Schedule; Subpart I--
Rules for Expedited Review to Allow Market Tests of Proposed Mail 
Classification Changes; Subpart J--Rules for Expedited Review of 
Requests for Provisional Service Changes of Limited Duration; and 
Subpart K--Rules for Use of Multi-Year Test Periods

    Subparts C, I, J, and K of part 3001 of the Commission's rules of 
practice and procedure cover requests for establishing or changing the 
Mail Classification Schedule (MCS); requests for expedited review of 
market tests of proposed mail classification changes; requests for 
expedited review of proposed provisional service changes of limited 
duration that will supplement, but not alter, existing mail 
classifications and rates; and requests for multi-year test periods for 
proposed services. All four of these subparts implemented PRA Sec.  
3623, which dealt with the establishment and modification of the MCS. 
Subpart C was originally adopted in 1971. 36 FR 396 (January 12, 1971). 
Subpart C was amended, and subparts I, J, and K were adopted by Order 
No. 1110 issued by the Postal Rate Commission on May 7, 1996. 61 FR 
24447 (May 15, 1996).\1\
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    \1\ These subparts were initially subject to a sunset provision 
and expired on May 15, 2001. On September 24, 2001, the Postal Rate 
Commission reissued each of the three subparts for an additional 5 
years. Docket No. RM2001-3, Notice and Order Adopting Final Rule, 
September 24, 2001; 66 FR 54436 (October 29, 2001). On November 8, 
2006, the Postal Rate Commission again reissued these three subparts 
for an additional 5 years. See Docket No. RM2006-1, Order Adopting 
Amendments to the Rules of Practice and Procedure, November 8, 2006; 
71 FR 66675 (November 16, 2006).
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    Section 201(b) of the PAEA repealed PRA Sec.  3623. On October 29, 
2007, the Commission established a new MCS that categorized products as 
either market dominant or competitive. The Commission viewed the new 
MCS as a `` `vehicle for presenting the product lists with necessary 
descriptive content.' '' Order No. 43, at 101, citing Docket No. 
RM2007-1, Order Proposing Regulations to Establish a System of 
Ratemaking, August 15, 2007, para. 4003 (Order No. 26). The authority 
to establish a new MCS was derived from the Commission's power under 39 
U.S.C. 3642 to consider modifications to the market dominant and 
competitive product lists. See Order No. 26, para. 4001. Regulations 
governing the market dominant and competitive product lists are 
contained in part 3020 of the Commission's rules.
    The repeal of 39 U.S.C. 3623; the enactment by the PAEA of 39 
U.S.C. 3642; and the adoption of the new MCS by Order No. 43 have 
rendered subparts C, I, J, and K of part 3001 of the rules of practice 
and procedure obsolete. Accordingly, the Commission is removing those 
subparts.

C. Subpart F--Rules Applicable to the Filing of Testimony by 
Intervenors

    Subpart F of part 3001 was originally adopted in 1973 and provides 
rules for the filing by intervenors of relevant and material evidence 
in rate and classification proceedings. 38 FR 7536 (March 22, 1973).
    The enactment of the PAEA and the adoption of regulations governing 
rate and classification changes in parts 3010, 3015, and 3020 render 
subpart F of part 3001 obsolete. Unless otherwise ordered by the 
Commission or a Presiding Officer, evidence can be filed in a 
Commission proceeding pursuant to rule 31 in subpart A to part 3001.

D. Subpart G--Rules Applicable to the Filing of Reports by the U.S. 
Postal Service

    PRC Order No. 203, Docket No. RM2008-4, April 16, 2009, adopted new 
periodic reporting rules and placed those rules in a new part 3050. 
That same order removed rules 3001.102 and 3001.103 from subpart G of 
part 3001. Through inadvertence, rule 3001.101, the sole remaining rule 
in subpart G, was left unaffected. Since rule 3001.101 serves no 
remaining purpose, subpart G is being removed.

E. Subpart L--Rules Applicable to Negotiated Service Agreements

    Subpart L of part 3001 was adopted by the Postal Rate Commission 
during 2004 and provided rules for negotiated service agreements. 69 FR 
7574 (February 18, 2004). Subpart L implemented PRA Sec. Sec.  3622 and 
3623.
    In addition to repealing Sec. Sec.  3622 and 3623, the PAEA enacted 
a new Sec.  3622 to title 39. Section 3622(c)(10) provides the current 
basis for market dominant negotiated service agreements. New part 3010 
adopted by Order No. 43 includes a new subpart D containing rules for 
rate adjustments for market dominant negotiated service agreements.
    The repeal of 39 U.S.C. Sec. Sec.  3622 and 3623; the enactment by 
the PAEA of a new Sec.  3622 to title 39; and the adoption of the new 
subpart D to part 3001 have rendered subpart L of part 3001 obsolete. 
Accordingly, the Commission is removing subpart L.

III. Effective Date

    Notice and comment are not required under the Administrative 
Procedure Act when a rulemaking involves ``interpretative rules, 
general statements of policy, or rules of agency organization, 
procedure, or practice[.]'' 5 U.S.C. 553(b)(A). The elimination of 
subparts B, C, F, G, I, J, K, and L of part 3001 of the Commission's 
rules of practice and procedure therefore does not require notice and 
the opportunity for public comment.
    Generally, a rule becomes effective not less than 30 days after 
publication in the Federal Register. A rule may become effective sooner 
if it is an interpretative rule, a statement of policy, or if the 
agency finds good cause to make it effective sooner. 5 U.S.C. 553(d). 
Since the statutory bases for the rules of practice being eliminated 
have been repealed and since new rules reflecting the current statutory 
scheme have been adopted, the Commission finds that good cause exists 
to make the rule promulgated by this order effective upon its 
publication in the Federal Register.

IV. Conclusion

    In consideration of the foregoing, the Commission removes subparts 
B, C, F, G, I, J, K, and L of part 3001 of its rules of practice and 
procedure.

V. Ordering Paragraphs

    It is Ordered:
    1. Subpart 3001, subparts B, C, F, G, I, J, K, and L are hereby 
removed from the Commission's rules of practice and procedure.
    2. Removal of the subparts referred to in paragraph 1 is effective 
upon publication of this order in the Federal Register.
    3. The Secretary shall arrange for publication of this order in the 
Federal Register.

List of Subjects in 39 CFR Part 3001

    Administrative practice and procedure; Postal Service.

    By the Commission.
Steven W. Williams,
Secretary.

0
For the reasons stated in the preamble, under the authority at 39 
U.S.C. 503, the Postal Regulatory Commission amends 39 CFR chapter III 
as follows:

PART 3001--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 3001 is revised to read as follows:

    Authority:  39 U.S.C. 404(d); 503; 3661.

Subparts B-C [Removed and reserved]

0
2. Remove and reserve subparts B and C.

[[Page 23115]]

Subparts F-G [Removed and reserved]

0
3. Remove and reserve subparts F and G.

Subparts I-L [Removed and reserved]

0
4. Remove and reserve subparts I through L.

[FR Doc. E9-11533 Filed 5-15-09; 8:45 am]
BILLING CODE 7710-FW-P


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