80_FR_45065 80 FR 44921 - Procedures Related to Commission Views

80 FR 44921 - Procedures Related to Commission Views

POSTAL REGULATORY COMMISSION

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44921-44922
FR Document2015-18425

The Commission is proposing rules which establish the Commission's process for developing views to the Secretary of State on certain international mail matters. The proposed rules focus on those proposals concerning international mail that could affect a market dominant rate or classification. The Commission invites public comment on the proposed rules.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Proposed Rules]
[Pages 44921-44922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18425]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3017

[Docket No. RM2015-14; Order No. 2602]


Procedures Related to Commission Views

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

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SUMMARY: The Commission is proposing rules which establish the 
Commission's process for developing views to the Secretary of State on 
certain international mail matters. The proposed rules focus on those 
proposals concerning international mail that could affect a market 
dominant rate or classification. The Commission invites public comment 
on the proposed rules.

DATES: Comments are due: August 27, 2015. Reply comments are due: 
September 11, 2015.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. New Commission Responsibility Under the Postal Accountability 
and Enhancement Act (PAEA)
III. The Proposed Rules
IV. Section-by-Section Analysis
V. Administrative Actions
VI. Ordering Paragraphs

I. Introduction

    This rulemaking addresses the Commission's process for developing 
views to the Secretary of State on certain international mail matters 
pursuant to 39 U.S.C. 407(c)(1).
    The Commission develops its views mainly in the context of the 
United States' membership in the Universal Postal Union (UPU), the 
Secretary of State's lead role in international mail matters, and UPU 
procedures for regulating international mail. For purposes of 
developing its views, the Commission focuses on those proposals that 
could affect a market dominant rate or classification.

II. New Commission Responsibility Under the Postal Accountability and 
Enhancement Act (PAEA)

    Under section 407(c)(1) of the PAEA, the Secretary of State, before 
concluding a treaty, convention, or amendment establishing a market 
dominant rate or classification, shall request the Commission's views 
on the consistency of such rate or classification with modern rate-
setting criteria.\1\ In the context of the UPU, the term ``rate'' 
typically refers to terminal dues.\2\
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    \1\ See Postal Accountability and Enhancement Act, Public Law 
109-435, 120 Stat. 3198 (2006), section 405(a). 39 U.S.C. 407(c)(1) 
refers to a product subject to subchapter I of chapter 36 of the 
title 39, United States Code. A product subject to the referenced 
chapter is a market dominant product. Section 407(c)(1) also refers 
to the standards and criteria established by the Commission under 
section 3622. In this Order, the phrase ``modern rate regulation'' 
is used in place of statutory language referring to standards and 
criteria established pursuant to 39 U.S.C. 3622.
    \2\ Terminal dues are the fees paid among postal operators for 
the processing and delivery of inbound letters, large envelopes, and 
small packets weighing up to 4.4 pounds. They are set every 4 years 
by the UPU.
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    Since enactment of the PAEA, the Secretary of State has requested--
and the Commission has transmitted--its views on relevant proposals 
considered at two UPU Congresses.\3\ The Commission also has 
transmitted views to the Secretary of State on relevant proposals 
considered at the initial meeting of the Postal Operations Council 
following the 2008 and 2012 Congresses.\4\
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    \3\ The first UPU Congress following enactment of the PAEA was 
held in July 2008 in Geneva, Switzerland; the second was held in 
September and October 2012 in Doha, Qatar.
    \4\ In addition, the Commission has posted supplemental views on 
its Web site.
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III. The Proposed Rules

    The development of the Commission's views entails review and 
analysis of numerous proposals, which typically are posted on the UPU 
Web site pursuant to a series of deadlines that begin about 6 months 
before a Congress convenes. In July 2012, based on an interest in 
obtaining public input, the Commission established a public inquiry 
docket to solicit comments on the general principles that should guide 
the development of its views in response to the anticipated request 
from the Secretary of State.\5\
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    \5\ See Docket No. PI2012-1, Order No. 1420, Notice Providing 
Opportunity to Comment on Development of Commission Views Pursuant 
to 39 U.S.C. 407(c)(1), July 31, 2012. Comments submitted in that 
docket are available on the Commission's Web site.
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    The Commission proposes formalizing the general approach it adopted 
in 2012 by enacting rules providing for establishment of an umbrella 
public inquiry docket associated with each UPU Congress and related 
meetings. Each docket will be established on or about 150 days before 
the date the UPU Congress is scheduled to convene. This timeframe is 
designed to allow adequate time for commenters to prepare submissions 
(on general principles or on specific proposals, to the extent such 
proposals are available). It also should allow the Commission 
sufficient time to consider the comments and prepare its views.
    The proposed rules also reflect the Commission's commitment to 
having the public inquiry docket serve as a mechanism for handling 
related matters, such as informing the public about the availability of 
relevant proposals, the Commission's views, or other documents. It also 
allows available documents to be incorporated into one

[[Page 44922]]

comprehensive record for improved public accessibility.
    The Commission proposes to establish comment deadlines on a docket-
by-docket basis, consistent with timely submission of views to the 
Secretary of State. Due to time constraints, the Commission does not 
propose inviting reply comments. The Commission may suspend 
solicitation of comments if it determines that seeking comments would 
interfere with timely submission of Commission views.

VI. Section-by-Section Analysis

    Proposed Rule 3017.1. This section sets out two definitions.
    Proposed Rule 3017.2. This section describes the purpose of the 
rules.
    Proposed Rule 3017.3. This section addresses the public inquiry 
docket.
    Proposed Rule 3017.4. This section addresses comment deadlines.
    Proposed Rule 3017.5. This section addresses the Commission's use 
of public comments.

V. Administrative Actions

    The Commission establishes Docket No. RM2015-14 for consideration 
of matters raised in this Order. Pursuant to 39 U.S.C. 505, the 
Commission designates Laura Zuber to serve as an officer of the 
Commission (Public Representative) in this proceeding. The Commission 
invites public comment on the proposed rules. Initial comments are due 
no later than 30 days from the date of publication of this Order in the 
Federal Register. Reply comments are due no later than 45 days from the 
date of publication of this Order in the Federal Register.

VI. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. RM2015-14 for 
consideration of the matters raised in this Order.
    2. Comments are due no later than 30 days after date of publication 
in the Federal Register. Reply comments are due no later than 45 days 
after date of publication in the Federal Register.
    3. Pursuant to 39 U.S.C. 505, the Commission appoints Laura Zuber 
to serve as an officer of the Commission (Public Representative) to 
represent the interests of the general public in this docket.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.

List of Subjects in 39 CFR Part 3017

    Administrative practice and procedure, International agreements, 
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:

0
1. Add part 3017 to read as follows:

PART 3017--PROCEDURES RELATED TO COMMISSION VIEWS

Sec.
3017.1 Definitions in this part.
3017.2 Purpose.
3017.3 Establishment and scope of public inquiry docket.
3017.4 Comment deadline(s).
3017.5 Commission discretion as to impact of public comments on its 
views.

    Authority: 39 U.S.C. 407; 503.


Sec.  3017.1  Definitions in this part.

    (a) Modern rate regulation refers to the standards and criteria the 
Commission has established pursuant to 39 U.S.C. 3622.
    (b) Views refers to the opinion the Commission provides to the 
Secretary of State in the context of certain Universal Postal Union 
proceedings on the consistency of a proposal affecting a market 
dominant rate or classification with modern rate regulation.


Sec.  3017.2  Purpose.

    The rules in this part are intended to facilitate public 
participation in, and promote the transparency of, the development of 
Commission views.


Sec.  3017.3  Establishment and scope of public inquiry docket.

    (a) On or about 150 days before a Universal Postal Union Congress 
convenes, the Commission will establish a public inquiry docket to 
solicit comments on the general principles that should guide the 
Commission's development of views on relevant proposals, in a general 
way, and, if available, on specific relevant proposals.
    (b) The public inquiry docket established pursuant to paragraph (a) 
of this section may also include matters related to development of the 
Commission's views, such as the availability of relevant proposals, 
Commission views, other documents, or related actions.
    (c) The Commission shall arrange for publication in the Federal 
Register of the notice establishing each public inquiry docket 
authorized under this part.


Sec.  3017.4  Comment deadline(s).

    (a) The Commission shall establish a deadline for public comments 
upon establishment of the public inquiry docket that is consistent with 
timely submission of the Commission's views to the Secretary of State. 
The Commission may establish other deadlines for public comments as 
appropriate.
    (b) The Commission may suspend or forego solicitation of public 
comments if it determines that such solicitation is not consistent with 
timely submission of Commission views to the Secretary of State.


Sec.  3017.5  Commission discretion as to impact of public comments on 
its views.

    The Commission will review timely filed comments prior to 
submitting its views to the Secretary of State.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2015-18425 Filed 7-27-15; 8:45 am]
 BILLING CODE 7710-FW-P



                                                                                     Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules                                                                                           44921

                                                                                            APPENDIX C TO PART 4—ALPHABETICAL INDEX OF DISABILITIES—Continued
                                                                                                                                                                                                                                                       Diagnostic
                                                                                                                                                                                                                                                       Code No.

                                                                *                                *                              *                               *                              *                              *                          *
                                                           Malignant:

                                                                 *                    *                                 *                                 *                                 *                                *                           *
                                                                 Hard and soft tissue ..............................................................................................................................................................           9918

                                                              *                   *                   *                               *                                 *                                *                                               *
                                                      Nonunion:
                                                         Mandible, confirmed by diagnostic imaging studies .....................................................................................................................                               9903

                                                                  *                              *                              *                               *                              *                              *                          *



                                                      [FR Doc. 2015–17266 Filed 7–27–15; 8:45 am]                            Postal Union (UPU), the Secretary of                                      Council following the 2008 and 2012
                                                      BILLING CODE 8320–01–P                                                 State’s lead role in international mail                                   Congresses.4
                                                                                                                             matters, and UPU procedures for                                           III. The Proposed Rules
                                                                                                                             regulating international mail. For
                                                      POSTAL REGULATORY COMMISSION                                           purposes of developing its views, the                                        The development of the Commission’s
                                                                                                                             Commission focuses on those proposals                                     views entails review and analysis of
                                                      39 CFR Part 3017                                                       that could affect a market dominant rate                                  numerous proposals, which typically
                                                                                                                             or classification.                                                        are posted on the UPU Web site
                                                      [Docket No. RM2015–14; Order No. 2602]
                                                                                                                                                                                                       pursuant to a series of deadlines that
                                                      Procedures Related to Commission                                       II. New Commission Responsibility                                         begin about 6 months before a Congress
                                                      Views                                                                  Under the Postal Accountability and                                       convenes. In July 2012, based on an
                                                                                                                             Enhancement Act (PAEA)                                                    interest in obtaining public input, the
                                                      AGENCY:      Postal Regulatory Commission.                                                                                                       Commission established a public
                                                      ACTION:     Proposed rulemaking.                                          Under section 407(c)(1) of the PAEA,                                   inquiry docket to solicit comments on
                                                                                                                             the Secretary of State, before concluding                                 the general principles that should guide
                                                      SUMMARY:    The Commission is proposing                                a treaty, convention, or amendment                                        the development of its views in
                                                      rules which establish the Commission’s                                 establishing a market dominant rate or                                    response to the anticipated request from
                                                      process for developing views to the                                    classification, shall request the                                         the Secretary of State.5
                                                      Secretary of State on certain                                          Commission’s views on the consistency                                        The Commission proposes
                                                      international mail matters. The                                        of such rate or classification with                                       formalizing the general approach it
                                                      proposed rules focus on those proposals                                modern rate-setting criteria.1 In the                                     adopted in 2012 by enacting rules
                                                      concerning international mail that could                               context of the UPU, the term ‘‘rate’’                                     providing for establishment of an
                                                      affect a market dominant rate or                                       typically refers to terminal dues.2                                       umbrella public inquiry docket
                                                      classification. The Commission invites                                                                                                           associated with each UPU Congress and
                                                      public comment on the proposed rules.                                     Since enactment of the PAEA, the                                       related meetings. Each docket will be
                                                                                                                             Secretary of State has requested—and                                      established on or about 150 days before
                                                      DATES: Comments are due: August 27,
                                                                                                                             the Commission has transmitted—its                                        the date the UPU Congress is scheduled
                                                      2015. Reply comments are due:
                                                                                                                             views on relevant proposals considered                                    to convene. This timeframe is designed
                                                      September 11, 2015.
                                                                                                                             at two UPU Congresses.3 The                                               to allow adequate time for commenters
                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                             Commission also has transmitted views                                     to prepare submissions (on general
                                                      David A. Trissell, General Counsel, at
                                                                                                                             to the Secretary of State on relevant                                     principles or on specific proposals, to
                                                      202–789–6820.
                                                                                                                             proposals considered at the initial                                       the extent such proposals are available).
                                                      SUPPLEMENTARY INFORMATION:                                             meeting of the Postal Operations                                          It also should allow the Commission
                                                      Table of Contents                                                                                                                                sufficient time to consider the
                                                      I. Introduction
                                                                                                                                1 See Postal Accountability and Enhancement                            comments and prepare its views.
                                                                                                                             Act, Public Law 109–435, 120 Stat. 3198 (2006),                              The proposed rules also reflect the
                                                      II. New Commission Responsibility Under                                section 405(a). 39 U.S.C. 407(c)(1) refers to a
                                                            the Postal Accountability and                                                                                                              Commission’s commitment to having
                                                                                                                             product subject to subchapter I of chapter 36 of the
                                                            Enhancement Act (PAEA)                                           title 39, United States Code. A product subject to                        the public inquiry docket serve as a
                                                      III. The Proposed Rules                                                the referenced chapter is a market dominant                               mechanism for handling related matters,
                                                      IV. Section-by-Section Analysis                                        product. Section 407(c)(1) also refers to the                             such as informing the public about the
                                                      V. Administrative Actions                                              standards and criteria established by the                                 availability of relevant proposals, the
                                                      VI. Ordering Paragraphs                                                Commission under section 3622. In this Order, the
                                                                                                                             phrase ‘‘modern rate regulation’’ is used in place of
                                                                                                                                                                                                       Commission’s views, or other
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                                                      I. Introduction                                                        statutory language referring to standards and                             documents. It also allows available
                                                                                                                             criteria established pursuant to 39 U.S.C. 3622.                          documents to be incorporated into one
                                                        This rulemaking addresses the                                           2 Terminal dues are the fees paid among postal
                                                      Commission’s process for developing                                    operators for the processing and delivery of                                4 In addition, the Commission has posted
                                                      views to the Secretary of State on                                     inbound letters, large envelopes, and small packets                       supplemental views on its Web site.
                                                      certain international mail matters                                     weighing up to 4.4 pounds. They are set every 4                             5 See Docket No. PI2012–1, Order No. 1420,
                                                                                                                             years by the UPU.                                                         Notice Providing Opportunity to Comment on
                                                      pursuant to 39 U.S.C. 407(c)(1).                                          3 The first UPU Congress following enactment of
                                                                                                                                                                                                       Development of Commission Views Pursuant to 39
                                                        The Commission develops its views                                    the PAEA was held in July 2008 in Geneva,                                 U.S.C. 407(c)(1), July 31, 2012. Comments
                                                      mainly in the context of the United                                    Switzerland; the second was held in September and                         submitted in that docket are available on the
                                                      States’ membership in the Universal                                    October 2012 in Doha, Qatar.                                              Commission’s Web site.



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                                                      44922                    Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules

                                                      comprehensive record for improved                        amend chapter III of title 39 of the Code              deadlines for public comments as
                                                      public accessibility.                                    of Federal Regulations as follows:                     appropriate.
                                                        The Commission proposes to establish                   ■ 1. Add part 3017 to read as follows:                    (b) The Commission may suspend or
                                                      comment deadlines on a docket-by-                                                                               forego solicitation of public comments if
                                                      docket basis, consistent with timely                     PART 3017—PROCEDURES RELATED                           it determines that such solicitation is
                                                      submission of views to the Secretary of                  TO COMMISSION VIEWS                                    not consistent with timely submission
                                                      State. Due to time constraints, the                                                                             of Commission views to the Secretary of
                                                      Commission does not propose inviting                     Sec.                                                   State.
                                                      reply comments. The Commission may                       3017.1 Definitions in this part.
                                                                                                               3017.2 Purpose.                                        § 3017.5 Commission discretion as to
                                                      suspend solicitation of comments if it                   3017.3 Establishment and scope of public
                                                      determines that seeking comments                                                                                impact of public comments on its views.
                                                                                                                    inquiry docket.
                                                      would interfere with timely submission                                                                             The Commission will review timely
                                                                                                               3017.4 Comment deadline(s).
                                                      of Commission views.                                     3017.5 Commission discretion as to impact              filed comments prior to submitting its
                                                                                                                    of public comments on its views.                  views to the Secretary of State.
                                                      VI. Section-by-Section Analysis
                                                                                                                    Authority: 39 U.S.C. 407; 503.                     By the Commission.
                                                        Proposed Rule 3017.1. This section                                                                            Ruth Ann Abrams,
                                                      sets out two definitions.                                § 3017.1     Definitions in this part.                 Acting Secretary.
                                                        Proposed Rule 3017.2. This section                       (a) Modern rate regulation refers to
                                                      describes the purpose of the rules.                                                                             [FR Doc. 2015–18425 Filed 7–27–15; 8:45 am]
                                                                                                               the standards and criteria the
                                                        Proposed Rule 3017.3. This section                                                                            BILLING CODE 7710–FW–P
                                                                                                               Commission has established pursuant to
                                                      addresses the public inquiry docket.
                                                        Proposed Rule 3017.4. This section                     39 U.S.C. 3622.
                                                      addresses comment deadlines.                               (b) Views refers to the opinion the                  ENVIRONMENTAL PROTECTION
                                                        Proposed Rule 3017.5. This section                     Commission provides to the Secretary of                AGENCY
                                                      addresses the Commission’s use of                        State in the context of certain Universal
                                                      public comments.                                         Postal Union proceedings on the                        40 CFR Part 52
                                                                                                               consistency of a proposal affecting a
                                                      V. Administrative Actions                                market dominant rate or classification                 [EPA–R07–OAR–2015–0357; FRL 9931–32–
                                                                                                                                                                      Region 7]
                                                        The Commission establishes Docket                      with modern rate regulation.
                                                      No. RM2015–14 for consideration of                                                                              Approval and Promulgation of Air
                                                                                                               § 3017.2     Purpose.
                                                      matters raised in this Order. Pursuant to                                                                       Quality Implementation Plans; State of
                                                      39 U.S.C. 505, the Commission                              The rules in this part are intended to
                                                                                                               facilitate public participation in, and                Iowa; Revisions to Linn County Air
                                                      designates Laura Zuber to serve as an                                                                           Quality Ordinance
                                                      officer of the Commission (Public                        promote the transparency of, the
                                                      Representative) in this proceeding. The                  development of Commission views.                       AGENCY:  Environmental Protection
                                                      Commission invites public comment on                                                                            Agency (EPA).
                                                                                                               § 3017.3 Establishment and scope of
                                                      the proposed rules. Initial comments are                 public inquiry docket.                                 ACTION: Proposed rule.
                                                      due no later than 30 days from the date
                                                                                                                 (a) On or about 150 days before a                    SUMMARY:   The Environmental Protection
                                                      of publication of this Order in the
                                                                                                               Universal Postal Union Congress                        Agency (EPA) is proposing to approve
                                                      Federal Register. Reply comments are
                                                                                                               convenes, the Commission will                          revisions to the State Implementation
                                                      due no later than 45 days from the date
                                                                                                               establish a public inquiry docket to                   Plan (SIP) for the State of Iowa. The
                                                      of publication of this Order in the
                                                                                                               solicit comments on the general                        purpose of these revisions is to update
                                                      Federal Register.
                                                                                                               principles that should guide the                       the Linn County Air Quality Ordinance,
                                                      VI. Ordering Paragraphs                                  Commission’s development of views on                   chapter 10. These proposed revisions
                                                        It is ordered:                                         relevant proposals, in a general way,                  reflect updates to the Iowa statewide
                                                        1. The Commission establishes Docket                   and, if available, on specific relevant                rules previously approved by EPA and
                                                      No. RM2015–14 for consideration of the                   proposals.                                             will ensure consistency between the
                                                      matters raised in this Order.                              (b) The public inquiry docket                        applicable local agency rules and
                                                        2. Comments are due no later than 30                   established pursuant to paragraph (a) of               Federally-approved rules.
                                                      days after date of publication in the                    this section may also include matters
                                                                                                                                                                      DATES: Comments on this proposed
                                                      Federal Register. Reply comments are                     related to development of the
                                                                                                                                                                      action must be received in writing by
                                                      due no later than 45 days after date of                  Commission’s views, such as the
                                                                                                                                                                      August 27, 2015.
                                                      publication in the Federal Register.                     availability of relevant proposals,
                                                        3. Pursuant to 39 U.S.C. 505, the                                                                             ADDRESSES: Submit your comments,
                                                                                                               Commission views, other documents, or
                                                      Commission appoints Laura Zuber to                       related actions.                                       identified by Docket ID No. EPA–R07–
                                                      serve as an officer of the Commission                      (c) The Commission shall arrange for                 OAR–2015–0357, by mail to Heather
                                                      (Public Representative) to represent the                 publication in the Federal Register of                 Hamilton, Environmental Protection
                                                      interests of the general public in this                  the notice establishing each public                    Agency, Air Planning and Development
                                                      docket.                                                  inquiry docket authorized under this                   Branch, 11201 Renner Boulevard,
                                                        4. The Secretary shall arrange for                     part.                                                  Lenexa, Kansas 66219. Comments may
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                                                      publication of this Order in the Federal                                                                        also be submitted electronically or
                                                      Register.                                                § 3017.4     Comment deadline(s).                      through hand delivery/courier by
                                                                                                                 (a) The Commission shall establish a                 following the detailed instructions in
                                                      List of Subjects in 39 CFR Part 3017                     deadline for public comments upon                      the ADDRESSES section of the direct final
                                                        Administrative practice and                            establishment of the public inquiry                    rule located in the rules section of this
                                                      procedure, International agreements,                     docket that is consistent with timely                  Federal Register.
                                                      Postal Service.                                          submission of the Commission’s views                   FOR FURTHER INFORMATION CONTACT:
                                                        For the reasons discussed in the                       to the Secretary of State. The                         Heather Hamilton, Environmental
                                                      preamble, the Commission proposes to                     Commission may establish other                         Protection Agency, Air Planning and


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Document Created: 2018-02-23 09:28:17
Document Modified: 2018-02-23 09:28:17
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: August 27, 2015. Reply comments are due: September 11, 2015.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation80 FR 44921 
CFR AssociatedAdministrative Practice and Procedure; International Agreements and Postal Service

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