81_FR_5105 81 FR 5085 - Procedures Related to Motions

81 FR 5085 - Procedures Related to Motions

POSTAL REGULATORY COMMISSION

Federal Register Volume 81, Issue 20 (February 1, 2016)

Page Range5085-5086
FR Document2016-01735

The Commission is proposing rules which standardize the procedure and timeframe by which interested parties file motions with the Commission as they relate to mail preparation changes and their compliance with the price cap rules. The Commission invites public comment on the proposed rules.

Federal Register, Volume 81 Issue 20 (Monday, February 1, 2016) 
[Federal Register Volume 81, Number 20 (Monday, February 1, 2016)]
[Proposed Rules]
[Pages 5085-5086]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01735]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3001

[Docket No. RM2016-6; Order No. 3048]


Procedures Related to Motions

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

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SUMMARY: The Commission is proposing rules which standardize the 
procedure and timeframe by which interested parties file motions with 
the Commission as they relate to mail preparation changes and their 
compliance with the price cap rules. The Commission invites public 
comment on the proposed rules.

DATES: Comments are due: March 2, 2016. Reply comments are due: March 
17, 2016.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Background
III. Proposed Rule
IV. Comments Requested
V. Ordering Paragraphs

I. Introduction

    The Commission initiates this proposed rulemaking to request 
comments on a procedural rule for motions concerning mail preparation 
changes that require compliance with the price cap rules.
    The primary purpose of the rulemaking is to ensure that the Postal 
Service properly accounts for the rate effects of mail preparation 
changes under Sec.  3010.23(d)(2) of this chapter in accordance with 
the Commission's standard articulated in Order No. 3047.\1\ The 
proposed rule is intended to standardize the procedure and timeframe by 
which interested parties must file a motion with the Commission when 
they contend that a mail preparation change has a rate effect requiring 
compliance with the price cap rules.
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    \1\ Docket No. R2013-10R, Order Resolving Issues on Remand, 
January 22, 2016 (Order No. 3047).
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II. Background

    In Docket No. R2013-10R, the Commission issued Order No. 3047 and 
articulated a clear standard to determine when mail preparation changes 
require compliance with Sec.  3010.23(d)(2). Id. Under Sec.  
3010.23(d)(2), a mail preparation change has a rate effect when the 
change results in the deletion and/or redefinition of a rate cell. Id. 
at 15. The Postal Service is required to comply with Sec.  
3010.23(d)(2) where the mail preparation change results in either the 
deletion of a previously available rate or significantly changes the 
basic characteristic of the mailing so that the rate cell is 
effectively ``redefined.'' Id. at 16. The Commission determined that 
the Postal Service has an affirmative burden to decide whether a mail 
preparation change requires compliance with the price cap rules as set 
forth under the Commission's standard. Id. at 20. Where the Postal 
Service determines that a mail preparation change has a rate effect, it 
must comply with the existing rules and procedures governing rate 
adjustments prior to implementing the change.
    However, despite this affirmative burden, the possibility exists 
that the Postal Service may not recognize or account for all mail 
preparation changes that have rate effects. In that case, the current 
regulations do not provide a specific mechanism or timeframe by which 
interested parties can alert the Commission to mail preparation changes 
that they conclude have rate effects requiring compliance with Sec.  
3010.23(d)(2). Although the Commission's general motion rules would 
provide an avenue for motions concerning mail preparation changes, the 
rules do not set a timeframe by which motions must be made and the 
Commission believes the proposed rule is better suited to handle the 
specific issue at hand. In light of the complexity of administering the 
price cap, the timeframe set forth in the proposed rule is intended to 
promote certainty for the Postal Service and users of the mail when 
making operational changes.
    In Order No. 3047 setting forth the standard, the Commission 
indicated that it would propose procedures whereby interested parties 
could submit motions concerning mail preparation changes that have rate 
effects. As a result, the proposed rule is intended to clarify and 
streamline the process by which mail preparation changes that have rate 
effects may be reviewed by the Commission for compliance with the price 
cap rules.

III. Proposed Rule

    The rule proposed in this notice of proposed rulemaking adds to the 
current Sec.  3001.21. Proposed Sec.  3001.21(d) requires interested 
parties to file a motion with the Commission upon actual or 
constructive notice of a mail preparation change that has a rate effect 
requiring compliance with Sec.  3010.23(d)(2). This proposed section 
establishes a 30-day timeframe within which interested parties may file 
a motion concerning a mail preparation change, after which the 
Commission will either institute a proceeding or consider the motion 
within an ongoing matter.
    The Commission proposes permitting interested parties to file a 
motion concerning a mail preparation change if the parties, in good 
faith, demonstrate that the change has a rate effect and requires 
compliance with the price cap rules. The proposed procedure is 
triggered by actual or constructive notice of the mail preparation 
change. Actual or constructive notice will occur when an interested 
party becomes aware of or should have reasonably become aware of the 
mail preparation change. The Commission intends for actual or 
constructive notice to occur when the Postal Service publishes written 
notice of the implementation of the mail preparation change. For 
example, the Postal Service commonly publishes notice of mail 
preparation changes in the Federal Register, Postal Bulletin, and on 
the RIBBS Web site.
    The proposed procedure also ties notice to the ``implementation 
date of the change.'' The Commission intends this provision to cover 
changes where the Postal Service either immediately implements a mail 
preparation change or provides published notice that it intends to 
implement a mail preparation change on a date certain. For example,

[[Page 5086]]

the Postal Service routinely implements mail preparation changes at the 
same time notice of the change is provided to the mailer. It is at this 
time the 30-day clock to file a motion with the Commission would be 
triggered. Alternatively, when the Postal Service publishes notice of a 
mail preparation change that it intends to implement on a date certain 
in the future, the 30-day clock would be triggered upon notice of the 
implementation date, not from the actual date of implementation.
    The Full Service IMb change serves as an example of how the 
proposed 30-day timeframe would work. The Full Service IMb change was 
published as a revision to the Postal Service's Domestic Mail Manual 
and set forth in a Federal Register notice on April 18, 2013.\2\ In the 
Notice, the Postal Service indicated it planned to implement this 
change to the IMb requirements beginning on January 26, 2014. Id. 
Accordingly, under the Commission's proposed rule, mailers would be 
required to file a motion with the Commission within 30 days of the 
Notice (by May 20, 2013, allowing for a Monday filing), not within 30 
days of the January 26, 2014 implementation date.
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    \2\ 78 FR 23137 (April18, 2013) (Notice).
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    The proposed procedure is intended to provide a reasonable but 
definite timeframe by which interested parties may challenge a mail 
preparation change where the Postal Service has failed to indicate that 
it would be subject to the price cap rules. The Commission intends for 
the proposed rule to encourage the Postal Service to affirmatively 
designate only those changes that require compliance with Sec.  
3010.23(d)(2). For example, in a Federal Register notice implementing a 
mail preparation change that implicated the price cap, the Postal 
Service would confirm that the change would be subject to the price 
cap. For a change that does not implicate the price cap, the Federal 
Register notice would be silent and the absence of such a designation 
will inform mailers that the Postal Service does not recognize this 
change as requiring price cap compliance.
    The procedure is also intended to allow the Postal Service to 
implement mail preparation changes with limited disruption. The 
proposed rule is not intended to stay implementation of any mail 
preparation change required by the Postal Service, rather it is 
intended to set forth a reasonable timeframe by which users of the mail 
may file a motion with the Commission where such mail preparation 
changes may have rate effects. The proposed rule does not change the 
Postal Service's burden to first determine whether the mail preparation 
change has a rate effect under the Commission's standard articulated in 
Order No. 3047. The proposed rule also does not change the Postal 
Service's obligation to comply with the rules regarding the price cap, 
which require the Postal Service to adjust for the effects of mail 
preparation changes that result in the introduction, deletion, or 
redefinition of a rate cell. Rather, the proposed rule provides an 
avenue for interested parties to raise the possibility that the Postal 
Service may have erred by failing to account for the price cap impact 
of a mail preparation change.

IV. Comments Requested

    Interested persons are invited to provide written comments 
concerning the proposed rule. Comments are due no later than 30 days 
after the date of publication of this notice in the Federal Register. 
All comments and suggestions received will be available for review on 
the Commission's Web site, http://www.prc.gov.
    Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to 
serve as an officer of the Commission (Public Representative) to 
represent the interests of the general public in the above-captioned 
docket.

IV. Ordering Paragraphs

    It is ordered:
    1. Docket No. RM2016-6 is established for the purpose of receiving 
comments on the proposed change to part 3001, as discussed in this 
Order.
    2. Interested persons may submit comments no later than 30 days 
from the date of the publication of this notice in the Federal 
Register.
    3. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to 
serve as the 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 3001

    Administrative practice and procedure, 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:

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. Amend Sec.  3001.21 by adding paragraph (d) to read as follows:


Sec.  3001.21  Motions

* * * * *
    (d) Motions concerning mail preparation changes. Motions regarding 
mail preparation changes are challenges to instances where an announced 
mail preparation change does not contain a Postal Service indication 
that the change has a rate effect requiring compliance with Sec.  
3010.23(d)(2) of this chapter. Motions may be filed by any interested 
party and shall set forth with particularity the mail preparation 
change at issue and the grounds by which the mail preparation change 
must comply with Sec.  3010.23(d)(2) of this chapter. Motions 
concerning mail preparation changes must be filed at least 30 days 
after a party has actual or constructive notice of the implementation 
date of the change.

[FR Doc. 2016-01735 Filed 1-29-16; 8:45 am]
 BILLING CODE 7710-FW-P

Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Proposed Rules 5085 (e) * * * comments on a procedural rule for Commission believes the proposed rule (2) Structure of cost-sharing. For motions concerning mail preparation is better suited to handle the specific inpatient admissions, there is a nominal changes that require compliance with issue at hand. In light of the complexity copayment for retired members, the price cap rules. of administering the price cap, the dependents of retired members, and The primary purpose of the timeframe set forth in the proposed rule survivors. This nominal copayment rulemaking is to ensure that the Postal is intended to promote certainty for the shall apply to an inpatient admission to Service properly accounts for the rate Postal Service and users of the mail any hospital or other authorized effects of mail preparation changes when making operational changes. institutional provider, including under § 3010.23(d)(2) of this chapter in In Order No. 3047 setting forth the inpatient admission to a residential accordance with the Commission’s standard, the Commission indicated that treatment center, substance use disorder standard articulated in Order No. 3047.1 it would propose procedures whereby rehabilitation facility residential The proposed rule is intended to interested parties could submit motions treatment program, or skilled nursing standardize the procedure and concerning mail preparation changes facility. timeframe by which interested parties that have rate effects. As a result, the (3) Amount of inpatient cost-sharing must file a motion with the Commission proposed rule is intended to clarify and requirements. In fiscal year 2001, the when they contend that a mail streamline the process by which mail inpatient cost-sharing requirements for preparation change has a rate effect preparation changes that have rate retirees and their dependents for acute requiring compliance with the price cap effects may be reviewed by the care admissions and other inpatient rules. Commission for compliance with the admissions is a per diem charge of $11, price cap rules. II. Background with a minimum charge of $25 per III. Proposed Rule admission. In Docket No. R2013–10R, the Commission issued Order No. 3047 and The rule proposed in this notice of * * * * * articulated a clear standard to determine proposed rulemaking adds to the Dated: January 26, 2016. when mail preparation changes require current § 3001.21. Proposed § 3001.21(d) Morgan E. Park, compliance with § 3010.23(d)(2). Id. requires interested parties to file a Alternate OSD Federal Register Liaison Under § 3010.23(d)(2), a mail motion with the Commission upon Officer, Department of Defense. preparation change has a rate effect actual or constructive notice of a mail [FR Doc. 2016–01703 Filed 1–29–16; 8:45 am] when the change results in the deletion preparation change that has a rate effect BILLING CODE 5001–06–P and/or redefinition of a rate cell. Id. at requiring compliance with 15. The Postal Service is required to § 3010.23(d)(2). This proposed section comply with § 3010.23(d)(2) where the establishes a 30-day timeframe within POSTAL REGULATORY COMMISSION mail preparation change results in either which interested parties may file a the deletion of a previously available motion concerning a mail preparation 39 CFR Part 3001 rate or significantly changes the basic change, after which the Commission characteristic of the mailing so that the will either institute a proceeding or [Docket No. RM2016–6; Order No. 3048] consider the motion within an ongoing rate cell is effectively ‘‘redefined.’’ Id. at 16. The Commission determined that matter. Procedures Related to Motions The Commission proposes permitting the Postal Service has an affirmative AGENCY: Postal Regulatory Commission. burden to decide whether a mail interested parties to file a motion ACTION: Proposed rulemaking. preparation change requires compliance concerning a mail preparation change if with the price cap rules as set forth the parties, in good faith, demonstrate SUMMARY: The Commission is proposing under the Commission’s standard. Id. at that the change has a rate effect and rules which standardize the procedure 20. Where the Postal Service determines requires compliance with the price cap and timeframe by which interested that a mail preparation change has a rate rules. The proposed procedure is parties file motions with the effect, it must comply with the existing triggered by actual or constructive Commission as they relate to mail rules and procedures governing rate notice of the mail preparation change. preparation changes and their adjustments prior to implementing the Actual or constructive notice will occur compliance with the price cap rules. change. when an interested party becomes aware The Commission invites public However, despite this affirmative of or should have reasonably become comment on the proposed rules. burden, the possibility exists that the aware of the mail preparation change. DATES: Comments are due: March 2, Postal Service may not recognize or The Commission intends for actual or 2016. Reply comments are due: March account for all mail preparation changes constructive notice to occur when the 17, 2016. that have rate effects. In that case, the Postal Service publishes written notice FOR FURTHER INFORMATION CONTACT: current regulations do not provide a of the implementation of the mail David A. Trissell, General Counsel, at specific mechanism or timeframe by preparation change. For example, the 202–789–6820. which interested parties can alert the Postal Service commonly publishes Commission to mail preparation notice of mail preparation changes in SUPPLEMENTARY INFORMATION: changes that they conclude have rate the Federal Register, Postal Bulletin, Table of Contents effects requiring compliance with and on the RIBBS Web site. § 3010.23(d)(2). Although the The proposed procedure also ties I. Introduction rmajette on DSK2TPTVN1PROD with PROPOSALS II. Background Commission’s general motion rules notice to the ‘‘implementation date of III. Proposed Rule would provide an avenue for motions the change.’’ The Commission intends IV. Comments Requested concerning mail preparation changes, this provision to cover changes where V. Ordering Paragraphs the rules do not set a timeframe by the Postal Service either immediately which motions must be made and the implements a mail preparation change I. Introduction or provides published notice that it The Commission initiates this 1 Docket No. R2013–10R, Order Resolving Issues intends to implement a mail preparation proposed rulemaking to request on Remand, January 22, 2016 (Order No. 3047). change on a date certain. For example, VerDate Sep<11>2014 13:21 Jan 29, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1

5086 Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Proposed Rules the Postal Service routinely implements does not change the Postal Service’s PART 3001—RULES OF PRACTICE mail preparation changes at the same burden to first determine whether the AND PROCEDURE time notice of the change is provided to mail preparation change has a rate effect the mailer. It is at this time the 30-day under the Commission’s standard ■ 1. The authority citation of part 3001 clock to file a motion with the articulated in Order No. 3047. The continues to read as follows: Commission would be triggered. proposed rule also does not change the Authority: 39 U.S.C. 404(d); 503; 504; Alternatively, when the Postal Service Postal Service’s obligation to comply 3661. publishes notice of a mail preparation with the rules regarding the price cap, change that it intends to implement on ■ 2. Amend § 3001.21 by adding which require the Postal Service to paragraph (d) to read as follows: a date certain in the future, the 30-day adjust for the effects of mail preparation clock would be triggered upon notice of changes that result in the introduction, § 3001.21 Motions the implementation date, not from the deletion, or redefinition of a rate cell. * * * * * actual date of implementation. Rather, the proposed rule provides an (d) Motions concerning mail The Full Service IMb change serves as avenue for interested parties to raise the preparation changes. Motions regarding an example of how the proposed 30-day possibility that the Postal Service may mail preparation changes are challenges timeframe would work. The Full Service have erred by failing to account for the to instances where an announced mail IMb change was published as a revision price cap impact of a mail preparation preparation change does not contain a to the Postal Service’s Domestic Mail change. Postal Service indication that the Manual and set forth in a Federal Register notice on April 18, 2013.2 In IV. Comments Requested change has a rate effect requiring the Notice, the Postal Service indicated compliance with § 3010.23(d)(2) of this it planned to implement this change to Interested persons are invited to chapter. Motions may be filed by any the IMb requirements beginning on provide written comments concerning interested party and shall set forth with January 26, 2014. Id. Accordingly, under the proposed rule. Comments are due no particularity the mail preparation the Commission’s proposed rule, later than 30 days after the date of change at issue and the grounds by mailers would be required to file a publication of this notice in the Federal which the mail preparation change must motion with the Commission within 30 Register. All comments and suggestions comply with § 3010.23(d)(2) of this days of the Notice (by May 20, 2013, received will be available for review on chapter. Motions concerning mail allowing for a Monday filing), not the Commission’s Web site, http:// preparation changes must be filed at within 30 days of the January 26, 2014 www.prc.gov. least 30 days after a party has actual or implementation date. constructive notice of the Pursuant to 39 U.S.C. 505, Kenneth E. implementation date of the change. The proposed procedure is intended Richardson is appointed to serve as an to provide a reasonable but definite officer of the Commission (Public [FR Doc. 2016–01735 Filed 1–29–16; 8:45 am] timeframe by which interested parties Representative) to represent the BILLING CODE 7710–FW–P may challenge a mail preparation interests of the general public in the change where the Postal Service has above-captioned docket. failed to indicate that it would be FEDERAL COMMUNICATIONS subject to the price cap rules. The IV. Ordering Paragraphs COMMISSION Commission intends for the proposed rule to encourage the Postal Service to It is ordered: 47 CFR Part 73 affirmatively designate only those 1. Docket No. RM2016–6 is changes that require compliance with established for the purpose of receiving [MB Docket No. 03–185; GN Docket No. 12– § 3010.23(d)(2). For example, in a 268; ET Docket No. 14–175; FCC 15–175] comments on the proposed change to Federal Register notice implementing a part 3001, as discussed in this Order. Low Power Television Digital Rules mail preparation change that implicated 2. Interested persons may submit the price cap, the Postal Service would AGENCY: Federal Communications comments no later than 30 days from confirm that the change would be Commission. the date of the publication of this notice subject to the price cap. For a change ACTION: Proposed rule. in the Federal Register. that does not implicate the price cap, the Federal Register notice would be 3. Pursuant to 39 U.S.C. 505, Kenneth SUMMARY: In this document, the Federal silent and the absence of such a E. Richardson is appointed to serve as Communications Commission designation will inform mailers that the the Public Representative in this (Commission) seeks comment on Postal Service does not recognize this proceeding. additional issues relating to channel change as requiring price cap 4. The Secretary shall arrange for sharing outside of the auction context compliance. publication of this Order in the Federal and announces that it intends to resolve The procedure is also intended to Register. all of the outstanding issues regarding allow the Postal Service to implement channel sharing outside the incentive mail preparation changes with limited By the Commission. auction context, including those raised disruption. The proposed rule is not Stacy L. Ruble, in a prior notice, in a forthcoming intended to stay implementation of any Secretary. decision. mail preparation change required by the Comments Due: February 22, rmajette on DSK2TPTVN1PROD with PROPOSALS List of Subjects in 39 CFR Part 3001 DATES: Postal Service, rather it is intended to set forth a reasonable timeframe by 2016. Reply Comments Due: March 3, Administrative practice and 2016. which users of the mail may file a procedure, Postal Service. motion with the Commission where ADDRESSES: You may submit comments, such mail preparation changes may For the reasons discussed in the identified by MB Docket No. 03–185, have rate effects. The proposed rule preamble, the Commission proposes to GN Docket No. 12–268 and ET Docket amend chapter III of title 39 of the Code No. 14–175 and/or FCC 15–175, by any 2 78 FR 23137 (April18, 2013) (Notice). of Federal Regulations as follows: of the following methods: VerDate Sep<11>2014 13:21 Jan 29, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1


Document Created: 2016-01-30 01:17:05
Document Modified: 2016-01-30 01:17:05
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: March 2, 2016. Reply comments are due: March 17, 2016.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation81 FR 5085 
CFR AssociatedAdministrative Practice and Procedure and Postal Service
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