81 FR 4606 - Procedures Related to the Mail Classification Schedule

POSTAL REGULATORY COMMISSION

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range		4606-4607
FR Document		2016-01407

The Commission is proposing rules which amend the existing Commission rules related to the publication of specific notices related to the Mail Classification Schedule and Product Lists in the Federal Register. The proposed rules seek to modify Commission rules that require the publication of duplicative filings. The Commission invites public comment on the proposed rules.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Proposed Rules]
[Pages 4606-4607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01407]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket No. RM2016-5; Order No. 2039]


Procedures Related to the Mail Classification Schedule

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

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SUMMARY: The Commission is proposing rules which amend the existing 
Commission rules related to the publication of specific notices related 
to the Mail Classification Schedule and Product Lists in the Federal 
Register. The proposed rules seek to modify Commission rules that 
require the publication of duplicative filings. The Commission invites 
public comment on the proposed rules.

DATES: Comments are due: February 26, 2016. Reply comments are due: 
March 14, 2016.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Proposed Changes to the Publishing Requirements of Product Lists 
Under 39 CFR part 3020
III. Invitation to Comment
IV. Ordering Paragraphs

I. Background

    The Postal Regulatory Commission (Commission) establishes a 
rulemaking docket pursuant to its responsibilities under the Postal 
Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 
Stat. 3198 (2006), to consider amendments to the Commission's rules 
concerning the product lists, 39 CFR part 3020. The proposed amendments 
make minor changes to rules that obligate the Commission to publish, in 
the Federal Register, the initial proposals from the Postal Service 
requesting to modify the product lists published in the Mail 
Classification Schedule (MCS) and draft modifications to the MCS 
approved by the Commission. There is no statutory requirement that the 
Commission publish these notices and orders. Specifically the proposed 
rules remove the Commission's obligation to publish duplicative 
filings: (1) The initial notices and orders identifying a Postal 
Service request to modify the MCS, which are duplicative of the Postal 
Service notices/requests to modify the MCS; and (2) the orders 
identifying draft MCS changes approved by the Commission but not yet 
finalized in a modification to the MCS, which are duplicative of the 
quarterly MCS update. As required, pursuant to Sec.  3020.14,\1\ the 
Commission will continue to publish the modified MCS (as opposed to its 
draft) in the Federal Register.
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    \1\ ``Whenever the Postal Regulatory Commission modifies the 
list of products in the market dominant category or the competitive 
category, it shall cause notice of such change to be published in 
the Federal Register.'' 39 CFR 3020.14; 39 U.S.C. 3642(d)(1).
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II. Proposed Changes to the Publishing Requirements of Product Lists 
Under 39 CFR Part 3020

    The changes proposed in this Order eliminate the requirements in 
the Commission's regulations that the Commission publish notices and 
final orders regarding proposed modifications and draft changes to the 
competitive and market dominant products of the MCS in the Federal 
Register.
    The Commission must publish all actual modifications to the MCS in 
the Federal Register.\2\ The Commission may eliminate publishing such 
notices and final orders regarding competitive and market dominant 
product modifications to the MCS in the Federal Register because 
neither constitutes an actual modification to the MCS.
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    \2\ 39 CFR 3020.14; 39 U.S.C. 3642(d)(1).
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    The MCS is an interpretive rule, as it serves an advisory function 
of explaining how the Postal Service categorizes mail products and 
assures the Postal Service will provide a consistent and uniform 
interpretation of these products. The Commission's notice-and-comment 
requirements, based on 5 U.S.C. 553, do not apply to interpretive 
rules.\3\ Because the Postal Service is required by statute to publish 
its proposed changes to the MCS in the Federal Register,\4\ a re-
publication by the Commission is duplicative and not required by 
statute.\5\ Similarly, again because the MCS is an interpretive rule, 
the Commission is not obligated to provide notice-and-comment for 
modifications proposed by itself or third parties, such as the Public 
Representative or users of the mail.\6\
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    \3\ 5 U.S.C. 553(b)(3)(A).
    \4\ 39 U.S.C. 3642(d)(1).
    \5\ See 39 U.S.C. 3642, which only requires the Commission to 
publish actual changes, not proposed changes to the MCS in the 
Federal Register.
    \6\ See 5 U.S.C. 553(b)(3)(A) and 39 U.S.C. 3642(d)(2). This 
does not prohibit the Commission from choosing, on its own accord, 
to publish such proposals to give the public opportunity for notice-
and-comment.
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    All actual changes on the MCS take effect only when the Commission 
issues the revised MCS (based on the draft). The Commission's final 
orders regarding proposed changes to the MCS state whether the change 
has been approved by the Commission and adds the change to a working 
draft of the MCS that can be found on the Commission's Web site. The 
working draft does not constitute a revised MCS.\7\ The Commission is 
only obligated to publish actual changes on interpretive rules in the 
Federal Register.\8\ An actual MCS modification occurs only when the 
Commission incorporates all the changes from the working draft into a 
final product and publishes the revised MCS in the Federal Register. 
Currently, the Commission issues a revised MCS on a quarterly basis.
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    \7\ The redline draft of the MCS is available to the public on 
the Commission's Web site.
    \8\ 39 CFR 3020.14; 39 U.S.C. 3642.
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    Proposed changes to 39 CFR part 3020 related to the Federal 
Register publication requirement are reproduced below the Secretary's 
signature on this Order.

III. Invitation To Comment

    Interested persons are invited to comment on the proposed changes 
to part 3020. Comments are due within 30 days of the date of 
publication of this notice in the Federal Register.
    Pursuant to 39 U.S.C. 505, Katrina R. Martinez is designated as the 
Public Representative in this proceeding to represent the interests of 
the general public.

IV. Ordering Paragraphs

    It is ordered:
    1. Docket No. RM2016-5 is established for the purpose of receiving 
comments on the proposed changes to part 3020, as discussed in this 
Order.

[[Page 4607]]

    2. Interested parties may submit comments no later than 30 days 
from the date of publication of this notice in the Federal Register.
    3. Pursuant to 39 U.S.C. 505, Katrina R. Martinez is appointed to 
serve as Public Representative in this proceeding.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.

List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure.
    For the reasons discussed in the preamble, the Commission proposes 
to amend chapter III of title 39 of the Code of Federal Regulations as 
follows:

PART 3020--PRODUCT LISTS

0
1. The authority citation for part 3020 continues to read as follows:

    Authority:  39 U.S.C. 503; 3622; 3631; 3642; 3682.

0
1. Amend Sec.  3020.33 by revising the introductory text and paragraph 
(d), removing paragraph (e), and redesignating paragraph (f) as 
paragraph (e). The revisions read as follows:


Sec.  3020.33  Docket and notice.

    The Commission will establish a docket for each request to modify 
the market dominant list or the competitive product list and post the 
filing on its Web site. The notice shall include:
* * * * *
    (d) The identification of an officer of the Commission to represent 
the interests of the general public in the docket; and
    (e) Such other information as the Commission deems appropriate.
0
2. Amend Sec.  3020.53 by revising the introductory text and paragraph 
(d), removing paragraph (e), and redesignating paragraph (f) as 
paragraph (e). The revisions read as follows:


Sec.  3020.53  Docket and notice.

    The Commission will establish a docket for each request to modify 
the market dominant list or the competitive product list and post the 
filing on its Web site. The notice shall include:
* * * * *
    (d) The identification of an Office of the Commission to represent 
the interests of the general public in the docket; and
    (e) Such other information as the Commission deems appropriate.
0
3. Amend Sec.  3020.82 by revising paragraphs (c) and (d), and removing 
paragraph (e). The revisions read as follows:


Sec.  3020.82  Docket and notice of material changes to product 
descriptions.

* * * * *
    (c) Publish notice of the request on its Web site; and
    (d) Designate an officer of the Commission to represent the 
interests of the general public in the docket.
    (e) [Removed]
0
4. Amend Sec.  3020.91 by revising paragraphs (c) and (d), and removing 
paragraph (e). The revisions read as follows:


Sec.  3020.91  Docket and notice of minor corrections to product 
descriptions.

* * * * *
    (c) Publish notice of the proposal on its Web site; and
    (d) Designate an officer of the Commission to represent the 
interests of the general public in the docket.
    (e) [Removed]

[FR Doc. 2016-01407 Filed 1-26-16; 8:45 am]
 BILLING CODE 7710-FW-P

4606 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules

of Information Reading Room (FOIA RR) Commission’s rules concerning the Service is required by statute to publish
(Room 1621) which is located at the product lists, 39 CFR part 3020. The its proposed changes to the MCS in the
11th and Pennsylvania Avenue NW., proposed amendments make minor Federal Register,4 a re-publication by
entrance, 1111 Constitution Avenue changes to rules that obligate the the Commission is duplicative and not
NW., Washington, DC 20224. Commission to publish, in the Federal required by statute.5 Similarly, again
Because of access restrictions, the IRS Register, the initial proposals from the because the MCS is an interpretive rule,
will not admit visitors beyond the Postal Service requesting to modify the the Commission is not obligated to
immediate entrance area more than 30 product lists published in the Mail provide notice-and-comment for
minutes before the hearing starts. For Classification Schedule (MCS) and draft modifications proposed by itself or third
information about having your name modifications to the MCS approved by parties, such as the Public
placed on the building access list to the Commission. There is no statutory Representative or users of the mail.6
attend the hearing, see the FOR FURTHER requirement that the Commission All actual changes on the MCS take
INFORMATION CONTACT section of this publish these notices and orders. effect only when the Commission issues
document. Specifically the proposed rules remove the revised MCS (based on the draft).
the Commission’s obligation to publish The Commission’s final orders regarding
Martin V. Franks, duplicative filings: (1) The initial proposed changes to the MCS state
Chief, Publications and Regulations Branch, notices and orders identifying a Postal whether the change has been approved
Legal Processing Division, Associate Chief Service request to modify the MCS,
Counsel, (Procedure and Administration). by the Commission and adds the change
which are duplicative of the Postal to a working draft of the MCS that can
[FR Doc. 2016–01520 Filed 1–26–16; 8:45 am] Service notices/requests to modify the be found on the Commission’s Web site.
BILLING CODE 4830–01–P MCS; and (2) the orders identifying draft The working draft does not constitute a
MCS changes approved by the revised MCS.7 The Commission is only
Commission but not yet finalized in a obligated to publish actual changes on
POSTAL REGULATORY COMMISSION modification to the MCS, which are interpretive rules in the Federal
duplicative of the quarterly MCS Register.8 An actual MCS modification
39 CFR Part 3020 update. As required, pursuant to occurs only when the Commission
[Docket No. RM2016–5; Order No. 2039] § 3020.14,1 the Commission will incorporates all the changes from the
continue to publish the modified MCS working draft into a final product and
Procedures Related to the Mail (as opposed to its draft) in the Federal publishes the revised MCS in the
Classification Schedule Register. Federal Register. Currently, the
AGENCY: Postal Regulatory Commission. II. Proposed Changes to the Publishing Commission issues a revised MCS on a
Requirements of Product Lists Under 39 quarterly basis.
ACTION: Proposed rulemaking.
CFR Part 3020 Proposed changes to 39 CFR part 3020
SUMMARY: The Commission is proposing related to the Federal Register
The changes proposed in this Order
rules which amend the existing publication requirement are reproduced
eliminate the requirements in the
Commission rules related to the below the Secretary’s signature on this
Commission’s regulations that the
publication of specific notices related to Order.
Commission publish notices and final
the Mail Classification Schedule and orders regarding proposed modifications III. Invitation To Comment
Product Lists in the Federal Register. and draft changes to the competitive
The proposed rules seek to modify Interested persons are invited to
and market dominant products of the comment on the proposed changes to
Commission rules that require the MCS in the Federal Register.
publication of duplicative filings. The part 3020. Comments are due within 30
The Commission must publish all
Commission invites public comment on days of the date of publication of this
actual modifications to the MCS in the
the proposed rules. notice in the Federal Register.
Federal Register.2 The Commission may
DATES: Comments are due: February 26, eliminate publishing such notices and Pursuant to 39 U.S.C. 505, Katrina R.
2016. Reply comments are due: March final orders regarding competitive and Martinez is designated as the Public
14, 2016. market dominant product modifications Representative in this proceeding to
to the MCS in the Federal Register represent the interests of the general
FOR FURTHER INFORMATION CONTACT:
because neither constitutes an actual public.
David A. Trissell, General Counsel, at
202–789–6820. modification to the MCS. IV. Ordering Paragraphs
The MCS is an interpretive rule, as it
SUPPLEMENTARY INFORMATION: It is ordered:
serves an advisory function of
Table of Contents explaining how the Postal Service 1. Docket No. RM2016–5 is
categorizes mail products and assures established for the purpose of receiving
I. Background comments on the proposed changes to
II. Proposed Changes to the Publishing the Postal Service will provide a
consistent and uniform interpretation of part 3020, as discussed in this Order.
Requirements of Product Lists Under 39
CFR part 3020 these products. The Commission’s
4 39 U.S.C. 3642(d)(1).
III. Invitation to Comment notice-and-comment requirements,
5 See 39 U.S.C. 3642, which only requires the
IV. Ordering Paragraphs
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based on 5 U.S.C. 553, do not apply to Commission to publish actual changes, not
I. Background interpretive rules.3 Because the Postal proposed changes to the MCS in the Federal
Register.
The Postal Regulatory Commission 1 ‘‘Whenever the Postal Regulatory Commission 6 See 5 U.S.C. 553(b)(3)(A) and 39 U.S.C.

(Commission) establishes a rulemaking modifies the list of products in the market 3642(d)(2). This does not prohibit the Commission
docket pursuant to its responsibilities dominant category or the competitive category, it from choosing, on its own accord, to publish such
shall cause notice of such change to be published proposals to give the public opportunity for notice-
under the Postal Accountability and in the Federal Register.’’ 39 CFR 3020.14; 39 U.S.C. and-comment.
Enhancement Act (PAEA), Public Law 3642(d)(1). 7 The redline draft of the MCS is available to the
109–435, 120 Stat. 3198 (2006), to 2 39 CFR 3020.14; 39 U.S.C. 3642(d)(1). public on the Commission’s Web site.
consider amendments to the 3 5 U.S.C. 553(b)(3)(A). 8 39 CFR 3020.14; 39 U.S.C. 3642.

VerDate Sep<11>2014 17:50 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\27JAP1.SGM 27JAP1

$Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules 4607 2. Interested parties may submit redesignating paragraph (f) as paragraph (e) Such other information as the comments no later than 30 days from (e). The revisions read as follows: Commission deems appropriate. the date of publication of this notice in ■ 3. Amend § 3020.82 by revising § 3020.33 Docket and notice. the Federal Register. paragraphs (c) and (d), and removing 3. Pursuant to 39 U.S.C. 505, Katrina The Commission will establish a paragraph (e). The revisions read as R. Martinez is appointed to serve as docket for each request to modify the follows: Public Representative in this market dominant list or the competitive proceeding. product list and post the filing on its § 3020.82 Docket and notice of material 4. The Secretary shall arrange for Web site. The notice shall include: changes to product descriptions. publication of this Order in the Federal * * * * * * * * * * Register. (d) The identification of an officer of (c) Publish notice of the request on its By the Commission. the Commission to represent the Web site; and interests of the general public in the (d) Designate an officer of the Stacy L. Ruble, docket; and Commission to represent the interests of Secretary. (e) Such other information as the the general public in the docket. List of Subjects in 39 CFR Part 3020 Commission deems appropriate. (e) [Removed] ■ 2. Amend § 3020.53 by revising the Administrative practice and ■ 4. Amend § 3020.91 by revising introductory text and paragraph (d), procedure. removing paragraph (e), and paragraphs (c) and (d), and removing For the reasons discussed in the redesignating paragraph (f) as paragraph paragraph (e). The revisions read as preamble, the Commission proposes to (e). The revisions read as follows: follows: amend chapter III of title 39 of the Code § 3020.91 Docket and notice of minor of Federal Regulations as follows: § 3020.53 Docket and notice. corrections to product descriptions. The Commission will establish a PART 3020—PRODUCT LISTS * * * * * docket for each request to modify the market dominant list or the competitive (c) Publish notice of the proposal on ■ 1. The authority citation for part 3020 its Web site; and product list and post the filing on its continues to read as follows: (d) Designate an officer of the Web site. The notice shall include: Authority: 39 U.S.C. 503; 3622; 3631; Commission to represent the interests of * * * * * 3642; 3682. (d) The identification of an Office of the general public in the docket. ■ 1. Amend § 3020.33 by revising the the Commission to represent the (e) [Removed] introductory text and paragraph (d), interests of the general public in the [FR Doc. 2016–01407 Filed 1–26–16; 8:45 am] removing paragraph (e), and docket; and BILLING CODE 7710–FW–P asabaliauskas on DSK5VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 17:50 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4702 Sfmt 9990 E:\FR\FM\27JAP1.SGM 27JAP1$

Document Created: 2018-02-02 12:39:59
Document Modified: 2018-02-02 12:39:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rulemaking.
Dates		Comments are due: February 26, 2016. Reply comments are due: March 14, 2016.
Contact		David A. Trissell, General Counsel, at 202-789-6820.
FR Citation		81 FR 4606