80 FR 26517 - Rules for Automatic Closure of Inactive Dockets

POSTAL REGULATORY COMMISSION

Federal Register Volume 80, Issue 89 (May 8, 2015)

The Commission is proposing a rule which establishes procedures related to the automatic closure of inactive dockets. The primary purpose of the proposed rule is to simplify the docket closure process and reduce uncertainty over the status of inactive dockets. The Commission invites public comment on the proposal.

[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26517-26518]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11061]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3001

[Docket No. RM2015-8; Order No. 2465]


Rules for Automatic Closure of Inactive Dockets

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

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SUMMARY: The Commission is proposing a rule which establishes 
procedures related to the automatic closure of inactive dockets. The 
primary purpose of the proposed rule is to simplify the docket closure 
process and reduce uncertainty over the status of inactive dockets. The 
Commission invites public comment on the proposal.

DATES: Comments are due: June 8, 2015.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Background
III. Proposed Rules
IV. Comments Requested
V. Ordering Paragraphs

I. Introduction

    The Commission establishes a rulemaking docket pursuant to the 
Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 
120 Stat. 3198 (2006), which authorizes the Commission to develop rules 
and establish procedures that it deems necessary and proper to carry 
out Commission functions.\1\
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    \1\ See 39 U.S.C. 503; see also Postal Reorganization Act, 
Public Law 91-375, 84 Stat. 759 (1970), at section 3603.
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    The primary purpose of this rulemaking is to establish procedures 
that would simplify the docket closure process by permitting automatic 
closure of a docket where there has been no activity in the docket for 
at least 12 months. The proposed rule would ensure that the information 
provided to the public concerning active dockets remains current. The 
proposed rule promotes sound and efficient administrative practice, and 
would serve the public interest by reducing uncertainty over the status 
of inactive dockets.

II. Background

    Currently, there are no regulations in place that allow for the 
automatic closure of an inactive docket. In recent years, the 
Commission has initiated closure of inactive dockets by issuing an 
order to that effect. For example, on January 29, 2015, the Commission 
issued an order closing Docket No. PI2012-1 after nearly two years of 
inactivity.\2\ On January 30, 2015, the Commission issued an order 
closing Docket No. PI2010-1 as there had been no activity in the docket 
since June 2011.\3\ Certain other long-standing dockets, such as the 
ones noted above, remain open and are identified on the Commission's 
Web site as active dockets, despite years of inactivity. The proposed 
rule would establish a maximum inactive period that would automatically 
initiate docket closure, without Commission action, thereby preventing 
dormant dockets from remaining open without productive activity. It 
would also establish an opportunity for interested persons to request 
the reopening of an automatically closed docket for good cause.
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    \2\ Docket No. PI2012-1, Order No. 2335, Order Closing Docket, 
January 29, 2015.
    \3\ Docket No. PI2010-1, Order No. 2337, Order Closing 
Proceeding, January 30, 2015, at 2.
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III. Proposed Rules

    Proposed Sec.  3001.44(a) sets an inactive period of 12 months as 
the triggering event for automatic docket closure. Proposed Sec.  
3001.44(b) provides interested persons with an opportunity to request 
that an inactive docket remain open at least 10 days prior to automatic 
closure. Proposed Sec.  3001.44(c) provides interested persons with an 
opportunity to request that an automatically closed docket be reopened 
for good cause.

IV. Comments Requested

    Interested persons are invited to provide written comments 
concerning the proposed rules. Comments are due no later than 30 days 
after the date of publication of this notice in the Federal Register. 
All comments and suggestions received will be available for review on 
the Commission's Web site, http://www.prc.gov.
    Pursuant to 39 U.S.C. 505, Anne C. O'Connor is appointed to serve 
as an officer of the Commission (Public Representative) to represent 
the interests of the general public in the above-captioned docket.

VI. Ordering Paragraphs

    It is ordered:
    1. Docket No. RM2015-8 is established for the purpose of receiving 
comments on the proposed changes to part 3001, as discussed in this 
Order.
    2. Interested persons 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, Anne C. O'Connor 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.
Shoshana M. Grove,
Secretary.

Concurring Opinion of Commissioner Goldway

    I believe due process and transparency in public proceedings 
obliges a notice to the public when a

[[Page 26518]]

docket is closed. Lacking such notice, it will be more difficult for 
interested persons to determine when, how and for what reason a docket 
was terminated.
    I would add the following language to the Proposed Rule: The 
Commission shall issue a public notice announcing the automatic closure 
of the docket, at the time of closure.
    The rule would be improved and the Commission's commitment to 
openness and citizen participation would be enhanced if the Commission 
were to adopt in the Final Rule the additional step I had recommended.

Ruth Y. Goldway

List of Subjects in 39 CFR Part 3001

    Administrative practice and procedure, Postal Service.

    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 3001--RULES OF PRACTICE AND PROCEDURE

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

    Authority:  39 U.S.C. 404(d); 503; 504; 3661.

0
2. Add new Sec.  3001.44 to read as follows:


Sec.  3001.44  Automatic Closure of Inactive Docket.

    (a) The Commission shall automatically close a docket in which 
there has been no activity of record by any interested party or 
participant for 12 consecutive months.
    (b) Motion to stay automatic closure. Any interested party or 
participant, including the Postal Service, a Public Representative, or 
the Commission, may file a motion to stay automatic closure, pursuant 
to Sec.  3001.21, and request that the docket remain open for a 
specified term not to exceed 12 months. Motions to stay automatic 
closure must be filed at least 10 days prior to the automatic closure 
date.
    (c) Motion to reopen automatically closed docket. If, at any time 
after a docket has been automatically closed, any interested party or 
participant, including the Postal Service, a Public Representative, or 
the Commission, may file a motion to reopen an automatically closed 
docket, pursuant to Sec.  3001.21, and must set forth with 
particularity good cause for reopening the docket.

[FR Doc. 2015-11061 Filed 5-7-15; 8:45 am]
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