[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Rules and Regulations]
[Pages 37401-37402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17638]


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POSTAL RATE COMMISSION

39 CFR Part 3002


Mission Statement for Office of Consumer Advocate

[Order No. 1255; Docket No. RM99-3]
AGENCY: Postal Rate Commission.

ACTION: Final rule.

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SUMMARY: The Commission has replaced a set of policy guidelines for its 
Office of Consumer Advocate (OCA) with a mission statement. The 
superseding statement retains current duties, adds responsibilities, 
and identifies opportunities for public input. This action clarifies 
and updates the OCA's role.

DATES: Effective July 12, 1999.

ADDRESSES: Send correspondence about this rule to the attention of 
Margaret P. Crenshaw, Secretary, Postal Rate Commission, 1333 H Street, 
NW., Washington, DC 20268-0001.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
Postal Rate Commission, 1333 H Street NW., Washington, DC, 20268-0001, 
202-789-6820.

SUPPLEMENTARY INFORMATION: Before recommending decisions on rate and 
classification matters, the Postal Rate Commission is required by the 
Postal Reorganization Act to provide an opportunity for a hearing on 
the record to ``the Postal Service, users of the mails, and an officer 
of the Commission who shall be required to represent the interests of 
the general public.'' 39 U.S.C. 3624(a). In Order No. 433, issued June 
1, 1982, the Commission issued policy guidelines for the officer of the 
Commission (OOC) (and for the permanent staff assigned to the OOC) with 
respect to representing the interests of the general public. 
Subsequently, the Commission designated a staff unit as the Office of 
the Consumer Advocate (OCA). The director of the OCA is generally 
appointed as the officer of the Commission responsible for representing 
the interests of the general public. See 39 CFR 3002.7 (describing the 
OCA) and Appendix A to 39 CFR Part 3002 (the policy statement).

Development of Superseding Mission Statement

    The Commission has developed a mission statement of the OCA 
(presented as Appendix A to this order) to update and reemphasize the 
importance of the role of OCA in proceedings before the Commission. The 
mission statement encompasses the duties outlined in the 1982 
guidelines, but broadens the scope of the activities the OCA is 
expected to undertake in representing the general public interest. The 
purpose of the mission statement also is to apprise the general public 
and participants in proceedings before the Commission of the current 
role of the OCA in the work of the agency and the opportunities 
available for public input in Commission proceedings.
    The mission statement is not intended to limit the means by which 
the OCA represents the interests of the general public. The Commission 
will not consider either the scope of the activities of the OCA or 
whether positions taken by OCA adhere to the mission statement as an 
issue in any proceeding.
    The OCA will participate in formal dockets before the Commission, 
including rulemaking dockets initiated by the Commission, and make 
evidentiary and legal presentations to the Commission on issues arising 
in such dockets. OCA shall participate in informal and formal discovery 
to obtain information needed to support its presentations or otherwise 
to inform the Commission on pending issues. For its presentations, OCA 
may utilize its staff resources and, where appropriate, retain expert 
witnesses, consultants, or counsel to assist it in preparing and 
presenting material to the Commission. OCA will present views to the 
Commission on behalf of members of the general public, including 
individuals and small businesses as both senders and recipients of 
mail, who are not otherwise adequately represented by private parties 
in proceedings before the Commission. The OCA shall also participate in 
dockets to assure that a full record is developed for Commission 
consideration.
    In the event the Commission indicates through a notice of inquiry 
or other suitable procedure that it wishes to explore certain issues, 
including the reconsideration of previous decisions to evaluate their 
continued viability, the OCA shall contribute to this process on the 
same basis as all other parties. The OCA shall also carry out such 
other functions as may be assigned to it by the Commission.
    The Commission values appropriate contact between the OCA and 
members of the general public and organizations representing consumers 
or advocating on behalf of consumers. Such contacts can provide useful 
information as to general public postal needs and preferences; widely 
held concerns about postal rates and services; and complaints about, or 
perceptions of, deficiencies in the Postal Service. Such contacts also 
can be the source of specific suggestions for changes in the Domestic 
Mail Classification Schedule (DMCS) and the DMCS Fee Schedule, and for 
other public suggestions for changes in which the Commission may be 
interested. Such suggestions may include matters that are not the 
subject of specific Commission proceedings.

[[Page 37402]]

    The OCA is expected to maintain regular contact with consumer 
advocacy or public interest groups that may wish to participate, either 
on a full or limited basis, in proceedings before the Commission. The 
OCA may consult with such groups and shall facilitate, through 
informational or logistical means, the ability of such groups to 
present their positions to the Commission. The OCA also shall serve as 
a resource to assist individuals and otherwise unrepresented entities 
to understand how they may best present their views to the Commission.

Other Responsibilities

    In addition to the duty to participate in Commission proceedings, 
the OCA staff is expected to stay abreast of the body of published 
information germane to postal rate and classification matters, as well 
as regulatory and non-regulatory developments in related fields such 
public utilities, telecommunications, and transportation. The OCA staff 
is expected to increase its understanding of mailer needs and postal 
operations by appropriate field study, including the use of surveys 
where appropriate. Public contacts and informational undertakings of 
this nature are appropriately related to the OCA's function.

Impact on Existing Policy Statement

    The mission statement that has been developed supersedes the 
``Policy Guidelines for Representation of the Interests of the General 
Public in Commission Proceedings,'' which currently appears as Appendix 
A to 39 CFR Part 3002. Adoption of the mission statement also requires 
a minor conforming editorial change in 39 CFR 3002.7(c).

Effective Date

    The Commission has determined that the mission statement shall take 
effect upon publication of this notice and order.

List of Subjects in 39 CFR Part 3002

    Administrative practice and procedure, Organization and functions, 
Postal Service.

    For the reasons stated in the preamble, the Postal Rate Commission 
amends part 3002 of title 39 of the Code of Federal Regulations as 
follows:

PART 3002--ORGANIZATION

    1. The authority citation for part 3002 continues to read as 
follows:

    Authority: 39 U.S.C. 404(b), 3603, 3622-24, 3661, 3662.

    2. In Sec. 3002.7(c) remove the phrase ``policy statement'' and add 
in its place the phrase ``mission statement.''
    3. Revise Appendix A to part 3002 as follows:

Appendix A to Part 3002--Postal Rate Commission, Mission Statement 
of the Office of the Consumer Advocate

    The mission of the Office of the Consumer Advocate is to be a 
vigorous, responsive, and effective advocate for reasonable and 
equitable treatment of the general public in proceedings before the 
Postal Rate Commission.
    In furtherance of this mission, the Office of the Consumer 
Advocate will:
    1. Give a strong and consistent voice to the views of consumers, 
especially those that are not otherwise represented in Commission 
proceedings;
    2. Argue for equity on behalf of individuals and small 
businesses, both as senders and as recipients of mail and mail 
services;
    3. Utilize all means and procedures available under the 
Commission's rules and applicable law to present evidence and 
arguments on behalf of consumers in Commission proceedings;
    4. Assist in the development of a complete record on issues 
pending before the Commission;
    5. Engage in dialogue with parties or participants in 
proceedings before the Commission to advance the interests of 
consumers;
    6. Encourage the equitable settlement of issues among the 
parties and participants in proceedings whenever possible;
    7. Promote fair competition between the United States Postal 
Service and its competitors for the ultimate benefit of consumers;
    8. Seek out responsible advocates of consumer interests and 
encourage their participation in Commission cases;
    9. Maintain the highest standards of competence and quality in 
all evidence and pleadings submitted to the Commission; and
    10. Maintain separation and independence from the Commission and 
its advisory staff in the course of proceedings before the 
Commission.

    Dated: July 7, 1999.
Cyril J. Pittack,
Acting Secretary.
[FR Doc. 99-17638 Filed 7-9-99; 8:45 am]
BILLING CODE 7710-FW-P