80 FR 44921 - Procedures Related to Commission Views

POSTAL REGULATORY COMMISSION

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

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, 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]
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