80_FR_43156 80 FR 43017 - Automatic Docket Closure Procedures

80 FR 43017 - Automatic Docket Closure Procedures

POSTAL REGULATORY COMMISSION

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

Page Range43017-43019
FR Document2015-17825

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 Issue 139 (Tuesday, July 21, 2015)
[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]
BILLING CODE 7710-FW-P



                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                                  43017

                                                  Management Directive 023–01 and                          Guard, Coast Guard Auxiliary, or local,                I. Introduction
                                                  Commandant Instruction M16475.lD,                        state, or federal law enforcement vessels                 The Postal Accountability and
                                                  which guide the Coast Guard in                           who have been authorized to act on the                 Enhancement Act (PAEA), Public Law
                                                  complying with the National                              behalf of the Captain of the Port.                     109–435, 120 Stat. 3198 (2006),
                                                  Environmental Policy Act of 1969                            (d) Regulations. (1) Under the general              authorizes the Commission to develop
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                       regulations in subpart C of this part,                 rules and establish procedures that it
                                                  have determined that this action is one                  entry into, transit through or anchoring               deems necessary and proper to carry out
                                                  of a category of actions that do not                     within this safety zone is prohibited                  Commission functions.1
                                                  individually or cumulatively have a                      unless authorized by the Captain of the                   On May 4, 2015, the Commission
                                                  significant effect on the human                          Port of San Diego or his designated                    issued a notice of proposed rulemaking
                                                  environment. This rule involves the                      representative.                                        establishing procedures that would
                                                  establishment of a safety zone on the                       (2) All persons and vessels shall                   simplify the docket closure process by
                                                  navigable waters of San Diego Bay. This                  comply with the instructions of the                    permitting automatic closure of a docket
                                                  rule is categorically excluded from                      Coast Guard Captain of the Port or his                 following a significant period of
                                                  further review under paragraph 34(g) of                  designated representative.                             inactivity.2 The Notice requested
                                                  Figure 2–1 of the Commandant                                (3) Upon being hailed by U.S. Coast                 comments from interested persons
                                                  Instruction. An environmental analysis                   Guard or designated patrol personnel by                regarding the proposed rules. The
                                                  checklist supporting this determination                  siren, radio, flashing light or other                  Commission received comments from
                                                  and a Categorical Exclusion                              means, the operator of a vessel shall                  the Postal Service and the Public
                                                  Determination are available in the                       proceed as directed.                                   Representative.3 After consideration of
                                                  docket where indicated under                                (4) The Coast Guard may be assisted                 the comments submitted, the
                                                  ADDRESSES. We seek any comments or                       by other federal, state, or local agencies             Commission adopts the proposed rules,
                                                  information that may lead to the                         in patrol and notification of the                      modified as described below.
                                                  discovery of a significant environmental                 regulation.
                                                  impact from this rule.                                                                                          II. Comments
                                                                                                              Dated: July 10, 2015.
                                                  List of Subjects in 33 CFR Part 165                      J.S. Spaner,                                              The Postal Service and Public
                                                                                                                                                                  Representative offered positive
                                                    Harbors, Marine safety, Navigation                     Captain, U.S. Coast Guard, Captain of the
                                                                                                           Port San Diego.                                        comments and suggested revisions with
                                                  (water), Reporting and recordkeeping
                                                                                                                                                                  respect to the Commission’s proposed
                                                  requirements, Security measures,                         [FR Doc. 2015–17843 Filed 7–20–15; 8:45 am]
                                                                                                                                                                  rules.
                                                  Waterways.                                               BILLING CODE 9110–04–P
                                                                                                                                                                     The Postal Service agrees that an
                                                    For the reasons discussed in the                                                                              automatic closure procedure would
                                                  preamble, the Coast Guard amends 33                                                                             promote efficient docket management
                                                  CFR part 165 as follows:                                                                                        and provide clarity for the public
                                                                                                           POSTAL REGULATORY COMMISSION
                                                                                                                                                                  because it would clear out items listed
                                                  PART 165—REGULATED NAVIGATION
                                                                                                           39 CFR Part 3001                                       on the Commission’s Web site. Postal
                                                  AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                  Service Comments at 1. However, the
                                                  ■ 1. The authority citation for part 165                                                                        Postal Service has concerns that, in
                                                                                                           [Docket No. RM2015–8; Order No. 2589]
                                                  continues to read as follows:                                                                                   certain proceedings, a docket may be
                                                                                                           Automatic Docket Closure Procedures                    automatically closed due to 12
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                       consecutive months of inactivity prior
                                                  Department of Homeland Security Delegation               AGENCY:     Postal Regulatory Commission.              to a final order being issued by the
                                                  No. 0170.01.                                             ACTION:    Final rule.                                 Commission. Id. at 1–2. The Postal
                                                                                                                                                                  Service recommends proposed rule
                                                  ■ 2. Add § 165.T11–647 to read as                        SUMMARY:    The Commission is issuing a                3001.44(a) be revised to indicate that if
                                                  follows:                                                 set of final rules establishing new                    the final order in a docket is pending,
                                                  § 165.T11–647 Safety Zone; Maritime                      procedures concerning automatic                        it will not be subject to automatic
                                                  Museum Party; San Diego, CA.                             closure of Commission dockets after an                 closure. Id. at 2.
                                                    (a) Location. The limits of the safety                 extended period of docket inactivity.                     In addition, the Postal Service
                                                  zone will include all the navigable                      The rules will permit a simplified                     recommends that the Commission
                                                  waters within 600 feet of the fireworks                  docket closure process. Relative to the                provide notice to the public of the
                                                  barge in approximate position of                         proposed rules, some of the changes are                impending docket closure at least 30
                                                  32°43.14 N, 117°10.36 W (North                           substantive and others are minor and                   days prior to the automatic closure date.
                                                  American Datum of 1983, World                            non-substantive.                                       Id. The Postal Service also suggests that
                                                  Geodetic System, 1984).                                  DATES: Effective August 20, 2015.                      a motion to stay automatic closure be
                                                    (b) Enforcement period. This section                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  filed at least 15 days prior to closing,
                                                  will be enforced from 8:30 p.m. to 9:30                  David A. Trissell, General Counsel, at                 rather than 10 days prior to closing, in
                                                  p.m. on July 23, 2015. If the event                      202–789–6820.                                          order to provide parties ample time to
                                                  concludes prior to the schedule                          SUPPLEMENTARY INFORMATION:                               1 See 39 U.S.C. 503; see also Postal
                                                  termination time, the COTP will cease
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                  Reorganization Act, Public Law 91–375, 84 Stat.
                                                  enforcement of this safety zone and will                 Regulatory History                                     759 (1970), at section 3603.
                                                  announce that fact via Broadcast Notice                       80 FR 26517, May 8, 2015                            2 Docket No. RM2015–8, Order No. 2465, Notice

                                                  to Mariners.                                                                                                    of Proposed Rulemaking Regarding Automatic
                                                    (c) Definitions. The following                         Table of Contents                                      Closure of Inactive Dockets, May 4, 2015 (Notice);
                                                  definition applies to this section:                                                                             see also 80 FR 26517 (May 8, 2015).
                                                                                                           I. Introduction                                          3 See Initial Comments of the United States Postal
                                                  Designated representative means any                      II. Comments                                           Service, June 8, 2015 (Postal Service Comments);
                                                  commissioned, warrant, or petty officer                  III. Commission Analysis                               Public Representative Comments, June 8, 2015 (PR
                                                  of the Coast Guard on board Coast                        IV. Ordering Paragraphs                                Comments).



                                             VerDate Sep<11>2014   16:53 Jul 20, 2015   Jkt 235001   PO 00000    Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\21JYR1.SGM   21JYR1


                                                  43018               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                  file answers pursuant to rule 3001.21.                   activity until the Commission issued its              Comments at 2. She provides terms used
                                                  Id. at 2–3.                                              final order on December 11, 2012.5                    by other agencies such as ‘‘new and
                                                     Finally, the Postal Service argues that                  The Postal Service recommends the                  material information’’ not available or
                                                  because the Commission does not file                     Commission add language to paragraph                  known at the time of the determination.
                                                  motions under rule 3001.21, a separate                   (a) indicating that if the final order in a           Id. However, the addition of specific
                                                  paragraph should be added to indicate                    docket is pending, it will not be subject             terms such as ‘‘new’’ and ‘‘material,’’ or
                                                  that the Commission may issue an order                   to automatic closure. Based on                        requiring that information became
                                                  sua sponte keeping a docket open. Id. at                 consideration of the Postal Service’s                 available only after a docket was
                                                  3.                                                       comment and the possibility that certain              automatically closed, creates restrictive
                                                     The Public Representative supports                    dockets may take significant time to                  requirements that may unintentionally
                                                  the establishment of rules that create                   resolve, the Commission agrees with the               limit interested persons from requesting
                                                  more streamlined procedures for closing                  Postal Service that a revision to the rule            an automatically closed docket be
                                                  inactive dockets. PR Comments at 2.                      is necessary. Paragraph (a) will be                   reopened. The Commission favors the
                                                  However, she recommends clarifying                       revised to exclude from automatic                     use of a broader term that puts fewer
                                                  the meaning of ‘‘good cause’’ found in                   closure those dockets in which a final                limits on an interested person’s
                                                  rule 3001.44(c) as interested persons                    determination by the Commission is                    justification for a motion to reopen an
                                                  may not be aware that grounds for a                      required by rule or statute, or if the                automatically closed docket and prefers
                                                  motion to reopen exist, and she                          Commission has otherwise indicated a                  to use its discretion when evaluating
                                                  provides definitions and terms used by                   final order is forthcoming in the docket,             whether the justification for reopening
                                                  other agencies. Id.                                      but is still outstanding.                             an automatically closed docket qualifies
                                                     The Public Representative does not go                    Proposed rule 3001.44(b) and (d).                  as ‘‘good cause.’’ 6 The Commission,
                                                  so far as to recommend filing a public                   Both the Postal Service and the Public                therefore, declines to adopt the Public
                                                  notice with the Federal Register;                        Representative recommend revisions to                 Representative’s recommended
                                                  however, she suggests providing                          the proposed rules that would clarify                 revisions to rule 3001.44(d).
                                                  notification to the public via the                       the Commission’s ability to issue an                     Finally, proposed rule 3001.44(b)
                                                  Commission’s Web site. She argues that                   order staying automatic closure or                    required a motion to stay automatic
                                                  such a notice would ‘‘achieve due                        reopening an automatically closed                     closure be filed at least 10 days prior to
                                                  process and transparency without                         docket as the Commission does not file                the automatic closure date. The Postal
                                                  significant administrative burden or loss                motions pursuant to rule 3001.21. The                 Service suggested an increase in the
                                                  of efficiency.’’ Id. at 3.                               Commission recognizes that proposed                   time for filing a motion to stay from 10
                                                     Finally, the Public Representative                    paragraphs (b) and (d), could be                      days to 15 days prior to the automatic
                                                  recommends that the rules be revised in                  interpreted to read that the Commission               docket closure date, in order to provide
                                                  order to clarify that the Commission                     may stay automatic closure or reopen an               any participant with an opportunity to
                                                  may issue an order sua sponte, keeping                   automatically closed docket via motion.               answer the motion pursuant to rule
                                                  a docket open or reopening an                            As the Commission would instead issue                 3001.21(b). Postal Service Comments at
                                                  automatically closed docket, as the                      an order sua sponte, clarification to the             2–3. The Commission agrees and
                                                  Commission does not file motions                         rule is necessary. The Commission                     accepts the Postal Service’s
                                                  pursuant to rule 3001.21. Id. at 2–3.                    declines to adopt the particular revised              recommendation. This revision is
                                                                                                           language proposed by the Postal Service               reflected in rule 3001.45(a)(1) and (a)(2).
                                                  III. Commission Analysis                                                                                          Public notice. The Postal Service
                                                                                                           and instead revises proposed paragraphs
                                                     Proposed rule 3001.44(a). Paragraph                   (b) and (d) by removing both paragraphs               suggests some form of public notice be
                                                  (a) of proposed rule 3001.44 would                       from proposed rule 3001.44 to create                  given 30 days prior to the automatic
                                                  permit the Commission to automatically                   new rule 3001.45. As revised, rule                    closure date. Postal Service Comments
                                                  close a docket after 12 consecutive                      3001.44 describes automatic docket                    at 2. The Public Representative argues
                                                  months of inactivity, in order to ensure                 closure and rule 3001.45 describes                    that a formal public notice (published in
                                                  that information provided to the public                  actions permitted by interested persons               the Federal Register) is unnecessary and
                                                  on the status of dockets remains current.                and the Commission concerning                         instead recommends a portion on the
                                                  In its comments, the Postal Service                      automatic docket closure.                             Commission’s Web site be used to
                                                  describes a situation that could arise in                Subparagraphs (a)(2) and (b)(2) were                  broadcast dockets that would
                                                  which a docket has been automatically                    added to indicate the Commission may                  automatically close in the next 6 months
                                                  closed due to inactivity despite the                     stay an automatic docket closure or                   and provide the deadline for filing a
                                                  eventual issuance of a final order. The                  reopen an automatically closed docket                 motion to stay automatic closure. PR
                                                  Postal Service provides examples of                      upon its own order.                                   Comments at 3.
                                                  similar situations including Docket No.                     In addition, the Public Representative                The Commission finds merit in
                                                  MC2010–24, concerning the                                argues that proposed rule 3001.44(d)                  providing transparency to the docket
                                                  Commission’s review of Nonpostal                         could benefit from a more detailed                    closure process as suggested by the
                                                  Services language for the Mail                           definition of ‘‘good cause.’’ PR                      Postal Service and Public
                                                  Classification Schedule (MCS). The                                                                             Representative. Providing information
                                                  initial notice was issued on May 5,                        5 See Docket No. MC2010–24, Order Approving         concerning potential automatic docket
                                                  2010, and comments were received on                      Mail Classification Schedule Descriptions and         closures on the Commission’s Web site
                                                  June 4, 2010, and June 18, 2010.4                        Prices for Nonpostal Service Products, December
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                           11, 2012 (Order No. 1575). Docket No. MC2010–24          6 See Docket No. RM2012–4, Order No. 2080,
                                                  However, the docket saw no further                       was established to consider the Postal Service’s      Order Adopting Amended Rules of Procedure for
                                                                                                           proposed nonpostal MCS language filed in different    Nature of Service Proceedings Under 39 U.S.C.
                                                    4 See Docket No. MC2010–24, Order No. 457,             dockets and the final order was delayed pending       3611, May 20, 2014, at 16. In Docket No. RM2012–
                                                  Notice and Order Concerning Mail Classification          completion of litigation and resolution of Docket     4, when prompted by commenters to clarify the
                                                  Schedule Language for Nonpostal Services, May 7,         No. MC2008–1 (Phase II R), which involved             meaning of ‘‘good cause,’’ the Commission found it
                                                  2010; see also Public Representative Comments in         Commission review (on remand) of nonpostal            was unnecessary to specify what circumstances
                                                  Response to Order No. 457, June 4, 2010; Reply           services. Order No. 1575 at 3; see also Docket No.    qualified as ‘‘good cause’’ because the standard was
                                                  Comments of the United States Postal Service             MC2008–1 (Phase II R), Order No. 1326, Order          intended to be ‘‘flexible and dependent upon
                                                  Pursuant to Order No. 457, June 18, 2010.                Resolving Issues on Remand, April 30, 2012.           specific factual circumstances.’’ Id.



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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                                43019

                                                  will not be costly nor will it materially                § 3001.45 Motions to Stay Automatic                   Commission that have been delinquent
                                                  interfere with the simplification of the                 Closure or Reopen Automatically Closed                for a period of 120 days shall be
                                                  docket closure process. The                              Dockets.                                              transferred to the Secretary of the
                                                  Commission revises the rule to include                      (a) Motion to stay automatic closure.              Treasury.
                                                  a new paragraph that states each month                   (1) Interested persons, including the
                                                                                                                                                                 DATES:   Effective July 21, 2015.
                                                  the Commission will post on its Web                      Postal Service or a Public
                                                                                                           Representative, may file a motion to stay             FOR FURTHER INFORMATION CONTACT:
                                                  site a list of dockets that will, without
                                                                                                           automatic closure, pursuant to                        Roland Helvajian, Office of Managing
                                                  action taken by parties or the
                                                                                                           § 3001.21, and request that the docket                Director at (202) 418–0444.
                                                  Commission, be subject to automatic
                                                  closure in the following month and the                   remain open for a specified term not to               SUPPLEMENTARY INFORMATION: This is a
                                                  scheduled date of closure for each                       exceed 12 months. Motions to stay                     summary of the Commission’s Report
                                                  docket. This revision is reflected in rule               automatic closure must be filed at least              and Order, FCC 15–59, MD Docket No.
                                                  3001.44(b).                                              15 days prior to the automatic closure                15–121, adopted on May 20, 2015 and
                                                     Additional minor correction. The                      date.                                                 released May 21, 2015.
                                                  Commission makes the following minor                        (2) The Commission may order a                     I. Procedural Matters
                                                  correction:                                              docket remain open for a specified term
                                                     • In paragraphs (a) and (b) of rule                   not to exceed 12 months and must file                 Final Regulatory Flexibility Analysis
                                                  3001.45 ‘‘any interested party or                        such order at least 15 days prior to the                1. As required by the Regulatory
                                                  participant’’ is simplified to read                      automatic closure date.                               Flexibility Act of 1980 (RFA),1 the
                                                  ‘‘interested persons.’’                                     (b) Motion to reopen automatically                 Commission has prepared a Final
                                                                                                           closed docket. (1) If, at any time after a            Regulatory Flexibility Analysis (FRFA)
                                                  IV. Ordering Paragraphs                                  docket has been automatically closed,                 relating to this Report and Order.
                                                     It is ordered:                                        interested persons, including the Postal
                                                     1. Part 3001 of title 39, Code of                     Service or a Public Representative, may               Congressional Review Act
                                                  Federal Regulations, is revised as set                   file a motion to reopen an automatically                2. The Commission will send a copy
                                                  forth below the signature of this Order,                 closed docket, pursuant to § 3001.21,                 of this Report and Order and Order to
                                                  effective 30 days after publication in the               and must set forth with particularity                 Congress and the Government
                                                  Federal Register.                                        good cause for reopening the docket.                  Accountability Office pursuant to the
                                                     2. The Secretary shall arrange for                       (2) The Commission may order an                    Congressional Review Act. 5 U.S.C.
                                                  publication of this order in the Federal                 automatically closed docket to be                     801(a)(1)(A).
                                                  Register.                                                reopened, and must set forth with
                                                                                                                                                                 Final Paperwork Reduction Act of 1995
                                                                                                           particularity good cause for reopening
                                                  List of Subjects in 39 CFR Part 3001                                                                           Analysis
                                                                                                           the docket.
                                                    Administrative practice and                             By the Commission.                                      3. This Report and Order does not
                                                  procedure, Postal Service.                                                                                     contain any new or modified
                                                                                                           Ruth Ann Abrams,
                                                    For the reasons discussed in the                                                                             information collection burden for small
                                                                                                           Acting Secretary.
                                                  preamble, the Commission amends                                                                                business concerns with fewer than 25
                                                                                                           [FR Doc. 2015–17825 Filed 7–20–15; 8:45 am]           employees, pursuant to the Small
                                                  chapter III of title 39 of the Code of
                                                  Federal Regulations as follows:
                                                                                                           BILLING CODE 7710–FW–P                                Business Paperwork Relief Act of 2002,
                                                                                                                                                                 Public Law 107–198, see 44 U.S.C. 3506
                                                  PART 3001—RULES OF PRACTICE                                                                                    (c) (4).
                                                  AND PROCEDURE                                            FEDERAL COMMUNICATIONS                                   4. Finally, in the Order section of this
                                                                                                           COMMISSION                                            document, we amend three sections of
                                                  ■ 1. The authority citation of part 3001                                                                       our rules 2 to conform to the Digital
                                                  continues to read as follows:                            47 CFR Part 1                                         Accountability and Transparency Act
                                                    Authority: 39 U.S.C. 404(d); 503; 504;                 [MD Docket Nos. 14–92; 15–121; 15–121;                (DATA Act) concerning when claims
                                                  3661.                                                    FCC 15–59]                                            should be transferred to the Secretary of
                                                                                                                                                                 the Treasury.3 In particular, we make
                                                  ■   2. Add § 3001.44 to read as follows:                 Assessment and Collection of                          the ministerial change to our rules to
                                                  § 3001.44   Automatic Closure of Inactive                Regulatory Fees for Fiscal Year 2015                  specify that debts owed to the
                                                  Docket.                                                                                                        Commission that have been delinquent
                                                                                                           AGENCY:  Federal Communications
                                                     (a) The Commission shall                                                                                    for a period of 120 days shall be
                                                                                                           Commission.
                                                  automatically close a docket in which                                                                          transferred to the Secretary of the
                                                                                                           ACTION: Final rule.                                   Treasury. The rules previously specified
                                                  there has been no activity of record by
                                                  any interested person for 12 consecutive                 SUMMARY:   In this document, the Federal              transfer of delinquent debt to the
                                                  months, except those dockets in which                    Communications Commission                             Treasury after 180 days.
                                                  the Commission must issue a final                        (Commission) eliminates the regulatory                II. Introduction
                                                  determination by rule or statute, or if                  fee components of two fee categories,
                                                  the Commission has otherwise indicated                                                                           5. In the Report and Order, the
                                                                                                           the amateur radio Vanity Call Sign and                Commission adopted a proposal from
                                                  a final order is forthcoming in the                      the General Mobile Radio Service
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  docket and has yet to do so.                             (GMRS); establishes a new Direct                        1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
                                                     (b) Each month the Commission shall                   Broadcast Satellite (DBS) regulatory fee              612, has been amended by the Small Business
                                                  post on the Web site a list of dockets                   category; provides specific instructions              Regulatory Enforcement Fairness Act of 1996
                                                  that will be subject to automatic closure                for RespOrgs (Responsible                             (SBREFA), Public Law 104–121, Title II, 110 Stat.
                                                  in the following month and will include                                                                        847 (1996). The SBREFA was enacted as Title II of
                                                                                                           Organizations), holders of toll free                  the Contract with America Advancement Act of
                                                  the date on which the docket will                        numbers that are subject to regulatory                1996 (CWAAA).
                                                  automatically close.                                     fees, and amends rule provisions to                     2 47 CFR 1.1911(d), 1.1912(b)(1), 1.1917(c).

                                                  ■ 3. Add § 3001.45 to read as follows:                   specify that debts owed to the                          3 31 U.S.C. 3716(c)(6).




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Document Created: 2018-02-23 09:23:30
Document Modified: 2018-02-23 09:23:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 20, 2015.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation80 FR 43017 
CFR AssociatedAdministrative Practice and Procedure and Postal Service

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