[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13054-13055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04038]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3025
[Docket No. RM2020-3; Order No. 5439]
Procedures Related to Commission Views
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission revises to its rules related to the
Commission's process for developing views submitted to the Secretary of
State on certain international mail matters.
DATES: Effective date: April 21, 2020.
ADDRESSES: For additional information, Order No. 5439 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. Relevant Statutory Requirements
II. Background
III. Basis and Purpose of Final Rules
IV. Changes to Final Rules
I. Relevant Statutory Requirements
Section 407(c)(1) of title 39 of the United States Code requires
that the Secretary of State, before concluding a treaty, convention, or
amendment establishing a market dominant rate or classification,
request the Commission's views on the consistency of such rate or
classification with the modern rate-setting criteria of 39 U.S.C. 3622.
Commission views entail the review and analysis of numerous proposals
from the Universal Postal Union (UPU) or its member countries, which
are typically posted on the UPU website pursuant to a series of
deadlines that begin about 6 months before a Congress convenes.
II. Background
In Docket No. RM2015-14, the Commission adopted rules formalizing
its procedures related to Commission views submitted pursuant to 39
U.S.C. 407(c)(1).\1\ The adopted rules reflected the Commission's
commitment to both transparency and improved public accessibility by
establishing dockets that informed the public about the availably of
relevant proposals, Commission views, and other related documents, and
by allowing all documents to be incorporated into one comprehensive
record.
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\1\ See generally, Docket No. RM2015-14, Order Adopting Final
Rules on Procedures Related to Commission Views, December 20, 2015
(Order No. 2960), 81 FR 869 (January 8, 2016).
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III. Basis and Purpose of Final Rules
After years of experience in participating in both traditional UPU
Congresses as well as two extraordinary Congresses, the Commission
adopts clarifying changes to the rules in order to better reflect the
Commission's procedures related to the posting of relevant proposals
and Commission views.\2\
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\2\ Notice of Proposed Rulemaking to Amend Procedures Related to
Commission Views, December 17, 2019 (Order No. 5353), 84 FR 70466
(December 23, 2019).
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IV. Changes to Final Rules
Due to Commission action in another proceeding, the Commission
notes several non-substantive changes to the rules as proposed in Order
No. 5353. These changes do not affect the text of the rules themselves
and largely relate to the numbering of the rules. In Order No. 5353,
the Commission proposed rule revisions to 39 CFR part 3017 on December
17, 2019. See section I, supra; see also Order No. 5353. On January 16,
2020, the Commission issued a final rulemaking in a separate proceeding
that, among other things, renumbered several parts in title 39.\3\ In
Order No. 5407, 39 CFR part 3017 was redesignated as 39 CFR part 3025.
Id. at 24. In addition, the Commission redesignated Sec. Sec. 3017.1
through 3017.5 as Sec. Sec. 3025.101 through 3025.105 of the chapter
and revised the part's heading to ``Procedures Related to Commission
Views Submitted to the Secretary of State.'' \4\ The revisions set
forth in Order No. 5407 go into effect on April 20, 2020. Order No.
5407 at 21-22. In order to avoid any confusion that may be associated
with these overlapping changes, the final rules adopted in this Order
will go into effect on April 21, 2020, after the renumbering of parts
in title 39 is complete. As such, the rule revisions herein reflect the
numerical and heading changes adopted as part of Order No. 5407.
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\3\ Docket No. RM2019-13, Order Reorganizing Commission
Regulations and Amending Rules of Practice, January 16, 2020 (Order
No. 5407), 85 FR 9614 (February 19, 2020).
\4\ Id. at 26; 85 FR 9656 (February 19, 2020).
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List of Subjects for 39 CFR Part 3025
Administrative practice and procedure, Postal Service, Treaties.
For the reasons stated in the preamble, the Commission amends
chapter III of title 39 of the Code of Federal Regulations by revising
part 3025 to read as follows:
PART 3025--PROCEDURES RELATED TO COMMISSION VIEWS SUBMITTED TO THE
SECRETARY OF STATE
Sec.
3025.101 Definitions in this part.
3025.102 Purpose.
3025.103 Establishment and scope of docket.
3025.104 Comment deadline(s).
3025.105 Issuance of Commission views.
Authority: 39 U.S.C. 407; 503.
Sec. 3025.101 Definitions in this part.
(a) Commission views refers to the opinion the Commission provides
to the Secretary of State pursuant to 39 U.S.C. 407(c)(1) on the
consistency of a relevant proposal with modern rate regulation.
(b) Modern rate regulation refers to the standards and criteria the
Commission has established pursuant to 39 U.S.C. 3622.
(c) Relevant proposal means a proposed change to a treaty,
convention, or amendment that establishes a market dominant rate or
classification.
Sec. 3025.102 Purpose.
The rules in this part are intended to facilitate public
participation in, and promote the transparency of, the development of
Commission views.
Sec. 3025.103 Establishment and scope of docket.
(a) On or about 150 days before a Universal Postal Union Congress
convenes or such advance time as the Commission determines for any
other 39 U.S.C. 407(c)(1) matter, the Commission shall establish a
docket in order to solicit public comments as part of the development
of Commission views.
(b) The Commission shall post relevant proposals in the applicable
docket established pursuant to paragraph (a) of this section and may
also include other materials related to the development of Commission
views, such as other documents or related actions.
(c) Public comments should focus on the specific relevant proposals
posted by the Commission and the general principles that should guide
the development of Commission views as
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well as any other materials posted in the applicable docket pursuant to
paragraph (b) of this section.
(d) The Commission shall arrange for publication in the Federal
Register of the notice establishing each docket authorized under this
part.
Sec. 3025.104 Comment deadline(s).
(a) The Commission shall establish a deadline for comments upon
establishment of the docket that is consistent with timely submission
of Commission views to the Secretary of State. The Commission may
establish other deadlines for comments as appropriate.
(b) The Commission may suspend or forego solicitation of comments
if it determines that such solicitation is not consistent with timely
submission of Commission views to the Secretary of State.
Sec. 3025.105 Issuance of Commission views.
(a) The Commission will review timely filed comments responding to
a Commission solicitation pursuant to Sec. 3025.103(a) prior to
submitting its views to the Secretary of State.
(b) After Commission views are developed, the Commission shall post
Commission views in the applicable docket established pursuant to Sec.
3025.103(a) and submit Commission views to the Secretary of State
pursuant to 39 U.S.C. 407(c)(1).
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2020-04038 Filed 3-5-20; 8:45 am]
BILLING CODE 7710-FW-P