80 FR 43017 - Automatic Docket Closure Procedures

POSTAL REGULATORY COMMISSION

Federal Register Volume 80, Issue 139 (July 21, 2015)

The Commission is issuing a set of final rules establishing new procedures concerning automatic closure of Commission dockets after an extended period of docket inactivity. The rules will permit a simplified docket closure process. Relative to the proposed rules, some of the changes are substantive and others are minor and non- substantive.

[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43017-43019]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17825]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3001

[Docket No. RM2015-8; Order No. 2589]


Automatic Docket Closure Procedures

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is issuing a set of final rules establishing 
new procedures concerning automatic closure of Commission dockets after 
an extended period of docket inactivity. The rules will permit a 
simplified docket closure process. Relative to the proposed rules, some 
of the changes are substantive and others are minor and non-
substantive.

DATES: Effective August 20, 2015.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    80 FR 26517, May 8, 2015

Table of Contents

I. Introduction
II. Comments
III. Commission Analysis
IV. Ordering Paragraphs

I. Introduction

    The Postal Accountability and Enhancement Act (PAEA), Public Law 
109-435, 120 Stat. 3198 (2006), 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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    On May 4, 2015, the Commission issued a notice of proposed 
rulemaking establishing procedures that would simplify the docket 
closure process by permitting automatic closure of a docket following a 
significant period of inactivity.\2\ The Notice requested comments from 
interested persons regarding the proposed rules. The Commission 
received comments from the Postal Service and the Public 
Representative.\3\ After consideration of the comments submitted, the 
Commission adopts the proposed rules, modified as described below.
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    \2\ Docket No. RM2015-8, Order No. 2465, Notice of Proposed 
Rulemaking Regarding Automatic Closure of Inactive Dockets, May 4, 
2015 (Notice); see also 80 FR 26517 (May 8, 2015).
    \3\ See Initial Comments of the United States Postal Service, 
June 8, 2015 (Postal Service Comments); Public Representative 
Comments, June 8, 2015 (PR Comments).
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II. Comments

    The Postal Service and Public Representative offered positive 
comments and suggested revisions with respect to the Commission's 
proposed rules.
    The Postal Service agrees that an automatic closure procedure would 
promote efficient docket management and provide clarity for the public 
because it would clear out items listed on the Commission's Web site. 
Postal Service Comments at 1. However, the Postal Service has concerns 
that, in certain proceedings, a docket may be automatically closed due 
to 12 consecutive months of inactivity prior to a final order being 
issued by the Commission. Id. at 1-2. The Postal Service recommends 
proposed rule 3001.44(a) be revised to indicate that if the final order 
in a docket is pending, it will not be subject to automatic closure. 
Id. at 2.
    In addition, the Postal Service recommends that the Commission 
provide notice to the public of the impending docket closure at least 
30 days prior to the automatic closure date. Id. The Postal Service 
also suggests that a motion to stay automatic closure be filed at least 
15 days prior to closing, rather than 10 days prior to closing, in 
order to provide parties ample time to

[[Page 43018]]

file answers pursuant to rule 3001.21. Id. at 2-3.
    Finally, the Postal Service argues that because the Commission does 
not file motions under rule 3001.21, a separate paragraph should be 
added to indicate that the Commission may issue an order sua sponte 
keeping a docket open. Id. at 3.
    The Public Representative supports the establishment of rules that 
create more streamlined procedures for closing inactive dockets. PR 
Comments at 2. However, she recommends clarifying the meaning of ``good 
cause'' found in rule 3001.44(c) as interested persons may not be aware 
that grounds for a motion to reopen exist, and she provides definitions 
and terms used by other agencies. Id.
    The Public Representative does not go so far as to recommend filing 
a public notice with the Federal Register; however, she suggests 
providing notification to the public via the Commission's Web site. She 
argues that such a notice would ``achieve due process and transparency 
without significant administrative burden or loss of efficiency.'' Id. 
at 3.
    Finally, the Public Representative recommends that the rules be 
revised in order to clarify that the Commission may issue an order sua 
sponte, keeping a docket open or reopening an automatically closed 
docket, as the Commission does not file motions pursuant to rule 
3001.21. Id. at 2-3.

III. Commission Analysis

    Proposed rule 3001.44(a). Paragraph (a) of proposed rule 3001.44 
would permit the Commission to automatically close a docket after 12 
consecutive months of inactivity, in order to ensure that information 
provided to the public on the status of dockets remains current. In its 
comments, the Postal Service describes a situation that could arise in 
which a docket has been automatically closed due to inactivity despite 
the eventual issuance of a final order. The Postal Service provides 
examples of similar situations including Docket No. MC2010-24, 
concerning the Commission's review of Nonpostal Services language for 
the Mail Classification Schedule (MCS). The initial notice was issued 
on May 5, 2010, and comments were received on June 4, 2010, and June 
18, 2010.\4\ However, the docket saw no further activity until the 
Commission issued its final order on December 11, 2012.\5\
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    \4\ See Docket No. MC2010-24, Order No. 457, Notice and Order 
Concerning Mail Classification Schedule Language for Nonpostal 
Services, May 7, 2010; see also Public Representative Comments in 
Response to Order No. 457, June 4, 2010; Reply Comments of the 
United States Postal Service Pursuant to Order No. 457, June 18, 
2010.
    \5\ See Docket No. MC2010-24, Order Approving Mail 
Classification Schedule Descriptions and Prices for Nonpostal 
Service Products, December 11, 2012 (Order No. 1575). Docket No. 
MC2010-24 was established to consider the Postal Service's proposed 
nonpostal MCS language filed in different dockets and the final 
order was delayed pending completion of litigation and resolution of 
Docket No. MC2008-1 (Phase II R), which involved Commission review 
(on remand) of nonpostal services. Order No. 1575 at 3; see also 
Docket No. MC2008-1 (Phase II R), Order No. 1326, Order Resolving 
Issues on Remand, April 30, 2012.
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    The Postal Service recommends the Commission add language to 
paragraph (a) indicating that if the final order in a docket is 
pending, it will not be subject to automatic closure. Based on 
consideration of the Postal Service's comment and the possibility that 
certain dockets may take significant time to resolve, the Commission 
agrees with the Postal Service that a revision to the rule is 
necessary. Paragraph (a) will be revised to exclude from automatic 
closure those dockets in which a final determination by the Commission 
is required by rule or statute, or if the Commission has otherwise 
indicated a final order is forthcoming in the docket, but is still 
outstanding.
    Proposed rule 3001.44(b) and (d). Both the Postal Service and the 
Public Representative recommend revisions to the proposed rules that 
would clarify the Commission's ability to issue an order staying 
automatic closure or reopening an automatically closed docket as the 
Commission does not file motions pursuant to rule 3001.21. The 
Commission recognizes that proposed paragraphs (b) and (d), could be 
interpreted to read that the Commission may stay automatic closure or 
reopen an automatically closed docket via motion. As the Commission 
would instead issue an order sua sponte, clarification to the rule is 
necessary. The Commission declines to adopt the particular revised 
language proposed by the Postal Service and instead revises proposed 
paragraphs (b) and (d) by removing both paragraphs from proposed rule 
3001.44 to create new rule 3001.45. As revised, rule 3001.44 describes 
automatic docket closure and rule 3001.45 describes actions permitted 
by interested persons and the Commission concerning automatic docket 
closure. Subparagraphs (a)(2) and (b)(2) were added to indicate the 
Commission may stay an automatic docket closure or reopen an 
automatically closed docket upon its own order.
    In addition, the Public Representative argues that proposed rule 
3001.44(d) could benefit from a more detailed definition of ``good 
cause.'' PR Comments at 2. She provides terms used by other agencies 
such as ``new and material information'' not available or known at the 
time of the determination. Id. However, the addition of specific terms 
such as ``new'' and ``material,'' or requiring that information became 
available only after a docket was automatically closed, creates 
restrictive requirements that may unintentionally limit interested 
persons from requesting an automatically closed docket be reopened. The 
Commission favors the use of a broader term that puts fewer limits on 
an interested person's justification for a motion to reopen an 
automatically closed docket and prefers to use its discretion when 
evaluating whether the justification for reopening an automatically 
closed docket qualifies as ``good cause.'' \6\ The Commission, 
therefore, declines to adopt the Public Representative's recommended 
revisions to rule 3001.44(d).
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    \6\ See Docket No. RM2012-4, Order No. 2080, Order Adopting 
Amended Rules of Procedure for Nature of Service Proceedings Under 
39 U.S.C. 3611, May 20, 2014, at 16. In Docket No. RM2012-4, when 
prompted by commenters to clarify the meaning of ``good cause,'' the 
Commission found it was unnecessary to specify what circumstances 
qualified as ``good cause'' because the standard was intended to be 
``flexible and dependent upon specific factual circumstances.'' Id.
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    Finally, proposed rule 3001.44(b) required a motion to stay 
automatic closure be filed at least 10 days prior to the automatic 
closure date. The Postal Service suggested an increase in the time for 
filing a motion to stay from 10 days to 15 days prior to the automatic 
docket closure date, in order to provide any participant with an 
opportunity to answer the motion pursuant to rule 3001.21(b). Postal 
Service Comments at 2-3. The Commission agrees and accepts the Postal 
Service's recommendation. This revision is reflected in rule 
3001.45(a)(1) and (a)(2).
    Public notice. The Postal Service suggests some form of public 
notice be given 30 days prior to the automatic closure date. Postal 
Service Comments at 2. The Public Representative argues that a formal 
public notice (published in the Federal Register) is unnecessary and 
instead recommends a portion on the Commission's Web site be used to 
broadcast dockets that would automatically close in the next 6 months 
and provide the deadline for filing a motion to stay automatic closure. 
PR Comments at 3.
    The Commission finds merit in providing transparency to the docket 
closure process as suggested by the Postal Service and Public 
Representative. Providing information concerning potential automatic 
docket closures on the Commission's Web site

[[Page 43019]]

will not be costly nor will it materially interfere with the 
simplification of the docket closure process. The Commission revises 
the rule to include a new paragraph that states each month the 
Commission will post on its Web site a list of dockets that will, 
without action taken by parties or the Commission, be subject to 
automatic closure in the following month and the scheduled date of 
closure for each docket. This revision is reflected in rule 3001.44(b).
    Additional minor correction. The Commission makes the following 
minor correction:
     In paragraphs (a) and (b) of rule 3001.45 ``any interested 
party or participant'' is simplified to read ``interested persons.''

IV. Ordering Paragraphs

    It is ordered:
    1. Part 3001 of title 39, Code of Federal Regulations, is revised 
as set forth below the signature of this Order, effective 30 days after 
publication in the Federal Register.
    2. 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.

    For the reasons discussed in the preamble, the Commission amends 
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 of part 3001 continues to read as follows:

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

0
2. Add 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 person for 12 
consecutive months, except those dockets in which the Commission must 
issue a final determination by rule or statute, or if the Commission 
has otherwise indicated a final order is forthcoming in the docket and 
has yet to do so.
    (b) Each month the Commission shall post on the Web site a list of 
dockets that will be subject to automatic closure in the following 
month and will include the date on which the docket will automatically 
close.

0
3. Add Sec.  3001.45 to read as follows:


Sec.  3001.45  Motions to Stay Automatic Closure or Reopen 
Automatically Closed Dockets.

    (a) Motion to stay automatic closure. (1) Interested persons, 
including the Postal Service or a Public Representative, 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 15 
days prior to the automatic closure date.
    (2) The Commission may order a docket remain open for a specified 
term not to exceed 12 months and must file such order at least 15 days 
prior to the automatic closure date.
    (b) Motion to reopen automatically closed docket. (1) If, at any 
time after a docket has been automatically closed, interested persons, 
including the Postal Service or a Public Representative, 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.
    (2) The Commission may order an automatically closed docket to be 
reopened, and must set forth with particularity good cause for 
reopening the docket.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2015-17825 Filed 7-20-15; 8:45 am]
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