80_FR_26606 80 FR 26517 - Rules for Automatic Closure of Inactive Dockets

80 FR 26517 - Rules for Automatic Closure of Inactive Dockets

POSTAL REGULATORY COMMISSION

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

Page Range26517-26518
FR Document2015-11061

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 Issue 89 (Friday, May 8, 2015)
[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.
---------------------------------------------------------------------------

    \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]
BILLING CODE 7710-FW-P



                                                                                  Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules                                           26517

                                                      within the zone shall proceed as                        comments electronically should contact                proposed rule would establish a
                                                      directed. Any person or vessel within                   the person identified in the FOR FURTHER              maximum inactive period that would
                                                      the safety zone shall exit the zone when                INFORMATION CONTACT section by                        automatically initiate docket closure,
                                                      directed by the COTP or the COTP’s                      telephone for advice on filing                        without Commission action, thereby
                                                      representatives.                                        alternatives.                                         preventing dormant dockets from
                                                         (3) To obtain permissions required by                FOR FURTHER INFORMATION CONTACT:                      remaining open without productive
                                                      this regulation, individuals may reach                  David A. Trissell, General Counsel, at                activity. It would also establish an
                                                      the COTP or a COTP representative via                   202–789–6820.                                         opportunity for interested persons to
                                                      VHF channel 16 or 617–223–5757                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    request the reopening of an
                                                      (Sector Boston Command Center).                                                                               automatically closed docket for good
                                                         (c) Penalties. Those who violate this                Table of Contents                                     cause.
                                                      section are subject to the penalties set                I. Introduction                                       III. Proposed Rules
                                                      forth in 33 U.S.C. 1232 and 50 U.S.C.                   II. Background
                                                      1226.                                                   III. Proposed Rules                                      Proposed § 3001.44(a) sets an inactive
                                                         (d) Notification. Coast Guard Sector                 IV. Comments Requested                                period of 12 months as the triggering
                                                      Boston will give notice through the                     V. Ordering Paragraphs                                event for automatic docket closure.
                                                      Local Notice to Mariners, Broadcast                                                                           Proposed § 3001.44(b) provides
                                                                                                              I. Introduction
                                                      Notice to Mariners, and to mariners for                                                                       interested persons with an opportunity
                                                      the purpose of enforcement of this                         The Commission establishes a                       to request that an inactive docket
                                                      temporary safety zone. Also, Sector                     rulemaking docket pursuant to the                     remain open at least 10 days prior to
                                                      Boston will notify the public to the                    Postal Accountability and Enhancement                 automatic closure. Proposed
                                                      greatest extent possible of any period in               Act (PAEA), Public Law 109–435, 120                   § 3001.44(c) provides interested persons
                                                      which the Coast Guard will suspend                      Stat. 3198 (2006), which authorizes the               with an opportunity to request that an
                                                      enforcement of this safety zone.                        Commission to develop rules and                       automatically closed docket be
                                                         (e) COTP representative. The COTP’s                  establish procedures that it deems                    reopened for good cause.
                                                      representative may be any Coast Guard                   necessary and proper to carry out
                                                                                                              Commission functions.1                                IV. Comments Requested
                                                      commissioned, warrant, or petty officer
                                                      or any Federal, state, or local law                        The primary purpose of this                          Interested persons are invited to
                                                      enforcement officer who has been                        rulemaking is to establish procedures                 provide written comments concerning
                                                      designated by the COTP to act on the                    that would simplify the docket closure                the proposed rules. Comments are due
                                                      COTP’s behalf. The COTP’s                               process by permitting automatic closure               no later than 30 days after the date of
                                                      representative may be on a Coast Guard                  of a docket where there has been no                   publication of this notice in the Federal
                                                      vessel, a Coast Guard Auxiliary vessel,                 activity in the docket for at least 12                Register. All comments and suggestions
                                                      a state or local law enforcement vessel,                months. The proposed rule would                       received will be available for review on
                                                      or a location on shore.                                 ensure that the information provided to               the Commission’s Web site, http://
                                                                                                              the public concerning active dockets                  www.prc.gov.
                                                        Dated: April 27, 2015.                                remains current. The proposed rule                      Pursuant to 39 U.S.C. 505, Anne C.
                                                      J.C. O’Connor III,                                      promotes sound and efficient                          O’Connor is appointed to serve as an
                                                      Captain, U.S. Coast Guard, Captain of the               administrative practice, and would                    officer of the Commission (Public
                                                      Port Boston.                                            serve the public interest by reducing                 Representative) to represent the
                                                      [FR Doc. 2015–11189 Filed 5–7–15; 8:45 am]              uncertainty over the status of inactive               interests of the general public in the
                                                      BILLING CODE 9110–04–P                                  dockets.                                              above-captioned docket.
                                                                                                              II. Background                                        VI. Ordering Paragraphs
                                                      POSTAL REGULATORY COMMISSION                               Currently, there are no regulations in               It is ordered:
                                                                                                              place that allow for the automatic                      1. Docket No. RM2015–8 is
                                                      39 CFR Part 3001                                        closure of an inactive docket. In recent              established for the purpose of receiving
                                                                                                              years, the Commission has initiated                   comments on the proposed changes to
                                                      [Docket No. RM2015–8; Order No. 2465]
                                                                                                              closure of inactive dockets by issuing an             part 3001, as discussed in this Order.
                                                      Rules for Automatic Closure of                          order to that effect. For example, on                   2. Interested persons may submit
                                                      Inactive Dockets                                        January 29, 2015, the Commission                      comments no later than 30 days from
                                                                                                              issued an order closing Docket No.                    the date of publication of this notice in
                                                      AGENCY:    Postal Regulatory Commission.                PI2012–1 after nearly two years of                    the Federal Register.
                                                      ACTION:   Proposed rulemaking.                          inactivity.2 On January 30, 2015, the                   3. Pursuant to 39 U.S.C. 505, Anne C.
                                                                                                              Commission issued an order closing                    O’Connor is appointed to serve as
                                                      SUMMARY:   The Commission is proposing                  Docket No. PI2010–1 as there had been                 Public Representative in this
                                                      a rule which establishes procedures                     no activity in the docket since June                  proceeding.
                                                      related to the automatic closure of                     2011.3 Certain other long-standing                      4. The Secretary shall arrange for
                                                      inactive dockets. The primary purpose                   dockets, such as the ones noted above,                publication of this Order in the Federal
                                                      of the proposed rule is to simplify the                 remain open and are identified on the                 Register.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      docket closure process and reduce                       Commission’s Web site as active                         By the Commission.
                                                      uncertainty over the status of inactive                 dockets, despite years of inactivity. The             Shoshana M. Grove,
                                                      dockets. The Commission invites public
                                                                                                                                                                    Secretary.
                                                      comment on the proposal.                                  1 See 39 U.S.C. 503; see also Postal

                                                      DATES: Comments are due: June 8, 2015.                  Reorganization Act, Public Law 91–375, 84 Stat.       Concurring Opinion of Commissioner
                                                      ADDRESSES: Submit comments
                                                                                                              759 (1970), at section 3603.                          Goldway
                                                                                                                2 Docket No. PI2012–1, Order No. 2335, Order
                                                      electronically via the Commission’s                     Closing Docket, January 29, 2015.                        I believe due process and
                                                      Filing Online system at http://                           3 Docket No. PI2010–1, Order No. 2337, Order        transparency in public proceedings
                                                      www.prc.gov. Those who cannot submit                    Closing Proceeding, January 30, 2015, at 2.           obliges a notice to the public when a


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                                                      26518                       Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules

                                                      docket is closed. Lacking such notice, it               ENVIRONMENTAL PROTECTION                              SUPPLEMENTARY INFORMATION:
                                                      will be more difficult for interested                   AGENCY                                                I. What is the topic of this public
                                                      persons to determine when, how and for
                                                                                                              40 CFR Part 704                                       meeting?
                                                      what reason a docket was terminated.
                                                        I would add the following language to                 [EPA–HQ–OPPT–2010–0572; FRL–9926–86]                     In the Federal Register issue of April
                                                      the Proposed Rule: The Commission                                                                             6, 2015 (80 FR 18330; FRL–9920–90),
                                                      shall issue a public notice announcing                  Chemical Substances When                              EPA proposed reporting and
                                                      the automatic closure of the docket, at                 Manufactured or Processed as                          recordkeeping requirements for certain
                                                      the time of closure.                                    Nanoscale Materials; TSCA Reporting                   chemical substances when they are
                                                                                                              and Recordkeeping Requirements;                       manufactured or processed at the
                                                        The rule would be improved and the                                                                          nanoscale. EPA is seeking public
                                                                                                              Notice of Public Meeting
                                                      Commission’s commitment to openness                                                                           comment on all aspects of the proposed
                                                      and citizen participation would be                      AGENCY: Environmental Protection                      rule. In addition, EPA is especially
                                                      enhanced if the Commission were to                      Agency (EPA).                                         interested in comments pertaining to the
                                                      adopt in the Final Rule the additional                  ACTION: Notice of public meeting.                     following specific issues identified in
                                                      step I had recommended.                                                                                       Unit V. of the proposed rule:
                                                      Ruth Y. Goldway                                         SUMMARY:    EPA is holding a public
                                                                                                              meeting during the comment period of                  1. Identifying the chemical substances that
                                                      List of Subjects in 39 CFR Part 3001                                                                               would be subject to reporting.
                                                                                                              the proposed rule that published in the               2. Distinguishing between nanoscale forms of
                                                                                                              Federal Register of April 6, 2015, which                   a reportable chemical substance.
                                                        Administrative practice and
                                                                                                              involved proposed reporting and                       3. Reporting discrete forms at least 135 days
                                                      procedure, Postal Service.
                                                                                                              recordkeeping requirements for certain                     before commencement of manufacture or
                                                        For the reasons discussed in the                      chemical substances when they are                          processing.
                                                      preamble, the Commission proposes to                    manufactured or processed at the                      4. Considerations for the Agency’s economic
                                                      amend chapter III of title 39 of the Code               nanoscale. Specifically, that proposal                     analysis.
                                                      of Federal Regulations as follows:                      involves one-time reporting for existing              5. Electronic reporting.
                                                                                                              nanoscale materials and one-time                      6. Consideration of potential future
                                                      PART 3001—RULES OF PRACTICE                                                                                        rulemaking regarding periodic reporting.
                                                                                                              reporting for new discrete nanoscale
                                                      AND PROCEDURE                                           materials before they are manufactured                II. How can I request to participate in
                                                                                                              or processed. As stated in that proposed              this meeting?
                                                      ■ 1. The authority citation for part 3001               rule, the public meeting will provide an
                                                      continues to read as follows:                                                                                   Requests to participate in this
                                                                                                              opportunity for further discussion of the
                                                                                                                                                                    meeting, as well as any requests for
                                                        Authority: 39 U.S.C. 404(d); 503; 504;                proposed requirements and is intended
                                                                                                                                                                    accommodation of a disability, should
                                                      3661.                                                   to facilitate comments on all aspects of
                                                                                                                                                                    be submitted directly to the technical
                                                                                                              that proposed rule, especially comments
                                                      ■ 2. Add new § 3001.44 to read as                                                                             person listed under FOR FURTHER
                                                                                                              on specific issues as identified in the
                                                      follows:                                                                                                      INFORMATION CONTACT. Do not submit
                                                                                                              proposed rule.
                                                                                                                                                                    any information in your request that is
                                                      § 3001.44   Automatic Closure of Inactive               DATES: The meeting will be held on June               considered Confidential Business
                                                      Docket.                                                 11, 2015, from 9:00 a.m. to 4:00 p.m.                 Information (CBI), and do not submit
                                                                                                              Requests to participate in the meeting                any comments. Such requests must be
                                                         (a) The Commission shall
                                                                                                              must be received on or before June 1,                 received on or before June 1, 2015.
                                                      automatically close a docket in which
                                                                                                              2015.                                                   Please remember that your comments
                                                      there has been no activity of record by
                                                                                                                To request accommodation of a                       must be submitted in accordance with
                                                      any interested party or participant for 12
                                                                                                              disability, please contact the technical              the instructions in the proposed rule;
                                                      consecutive months.
                                                                                                              person listed under FOR FURTHER                       must be identified by docket ID number
                                                         (b) Motion to stay automatic closure.                INFORMATON CONTACT, preferably at least
                                                      Any interested party or participant,                                                                          EPA–HQ–OPPT–2010–0572; and must
                                                                                                              10 days prior to the meeting, to give                 be received on or before July 6, 2015.
                                                      including the Postal Service, a Public                  EPA as much time as possible to process
                                                      Representative, or the Commission, may                  your request.                                         III. How can I access the docket for the
                                                      file a motion to stay automatic closure,                ADDRESSES: The meeting will be held at                Proposed Rule?
                                                      pursuant to § 3001.21, and request that                 the East William Jefferson Clinton
                                                      the docket remain open for a specified                                                                           The docket for the proposed rule,
                                                                                                              Building, Room 1153, 1201 Constitution                identified by docket identification (ID)
                                                      term not to exceed 12 months. Motions                   Avenue NW., Washington, DC.
                                                      to stay automatic closure must be filed                                                                       number EPA–HQ–OPPT–2010–0572, is
                                                      at least 10 days prior to the automatic                 FOR FURTHER INFORMATION CONTACT: For                  available at http://www.regulations.gov
                                                      closure date.                                           technical information contact: Jim                    or at the Office of Pollution Prevention
                                                                                                              Alwood, Chemical Control Division                     and Toxics Docket (OPPT Docket),
                                                         (c) Motion to reopen automatically                   (7405M), Office of Pollution Prevention               Environmental Protection Agency
                                                      closed docket. If, at any time after a                  and Toxics, Environmental Protection                  Docket Center (EPA/DC), West William
                                                      docket has been automatically closed,                   Agency, 1200 Pennsylvania Ave. NW.,                   Jefferson Clinton Bldg., Rm. 3334, 1301
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      any interested party or participant,                    Washington, DC 20460–0001; telephone                  Constitution Ave. NW., Washington,
                                                      including the Postal Service, a Public                  number: (202) 564–8974; email address:                DC. The Public Reading Room is open
                                                      Representative, or the Commission, may                  alwood.jim@epa.gov.                                   from 8:30 a.m. to 4:30 p.m., Monday
                                                      file a motion to reopen an automatically                  For general information contact: The                through Friday, excluding legal
                                                      closed docket, pursuant to § 3001.21,                   TSCA-Hotline, ABVI-Goodwill, 422                      holidays. The telephone number for the
                                                      and must set forth with particularity                   South Clinton Ave., Rochester, NY                     Public Reading Room is (202) 566–1744,
                                                      good cause for reopening the docket.                    14620; telephone number: (202) 554–                   and the telephone number for the OPPT
                                                      [FR Doc. 2015–11061 Filed 5–7–15; 8:45 am]              1404; email address: TSCA-Hotline@                    Docket is (202) 566–0280. Please review
                                                      BILLING CODE 7710–FW–P                                  epa.gov.                                              the visitor instructions and additional


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Document Created: 2018-02-21 10:24:12
Document Modified: 2018-02-21 10:24:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rulemaking.
DatesComments are due: June 8, 2015.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation80 FR 26517 
CFR AssociatedAdministrative Practice and Procedure and Postal Service

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