[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Proposed Rules]
[Pages 59085-59087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24311]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Part 3001

[Docket No. RM2011-13; Order No. 823]


Appeals of Post Office Closings

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking--supplement.

-----------------------------------------------------------------------

SUMMARY: This document supplements a recently-issued proposed 
rulemaking on appeals of post office closings by eliminating a 
publication requirement and by making several minor conforming changes. 
Including these changes as part of the more comprehensive rulemaking 
promotes efficiency by allowing interested persons to address proposed 
changes in one filing. These changes affect only the Commission's 
general rules of practice and procedure. They do not affect any of the 
provisions in proposed new part 3025. Persons who need additional time 
to comment on the changes in this supplemental proposed rule may 
request additional time.

DATES: Comments are due: October 3, 2011.

ADDRESSES: Submit comments electronically by accessing the ``Filing 
Online'' link in the banner at the top of the Commission's Web site 
(http://www.prc.gov) or by directly accessing the Commission's Filing 
Online system at https:www.prc.gov/prc-pages/filingonline/login.aspx. 
Commenters who cannot submit their views electronically should contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section 
for advice on alternatives to electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6920 (for proposal-related information) or 
[email protected] (for electronic filing assistance).

[[Page 59086]]


SUPPLEMENTARY INFORMATION: Regulatory history: 76 FR 54179 (August 31, 
2011).
    On August 18, 2011, the Commission issued Order No. 814 proposing 
to amend rules governing appeals of Postal Service final determinations 
to close or consolidate post offices.\1\ One of the purposes of the 
proposed rules is to streamline the appeals process. Upon further 
consideration, the Commission believes that further streamlining is 
possible by eliminating the current requirement that notice of each 
appeal filed with the Commission be published in the Federal Register. 
Publication of such notice in the Federal Register is not required by 
statute or the Constitution. Accordingly, the Commission proposes to 
amend 39 CFR 3001.17.\2\ Comments on the amendment to rule 17 are due 
October 3, 2011 (the same date comments are due pursuant to Order No. 
814).
---------------------------------------------------------------------------

    \1\ Notice of Proposed Rulemaking Appeals of Postal Service 
Determinations to Close or Consolidate Post Offices, August 18, 2011 
(Order No. 814).
    \2\ As noted below, the Commission also proposes several 
conforming changes to rule 300.17 to remove outdated provisions and 
one change to rule 3001.10(b).
---------------------------------------------------------------------------

    Appeals of Postal Service determinations to close or consolidate a 
post office are limited to persons served by that post office. 39 
U.S.C. 404(d)(5). Postal Service determinations to close or consolidate 
a post office must be in writing and must be made available to persons 
served by such office. 39 U.S.C. 404(d)(3). Such determinations should 
apprise affected persons of their right to appeal the decision to the 
Commission within 30 days of its being made available to such persons.
    Under its current rules, upon receipt of an appeal the Commission's 
practice has been to notify the Postal Service of the filing and to 
issue an order docketing the appeal, appointing a Public 
Representative, and establishing a procedural schedule governing 
submission of the underlying record and briefs in the proceeding. 
Pursuant to 39 CFR 3001.17(c), the Commission also directed that its 
order be published in the Federal Register. The Commission has 
determined that publication of its order in the Federal Register is 
unnecessary. It, therefore, proposes to eliminate that requirement.
    Under the Administrative Procedure Act, Public Law 79-404, 60 Stat. 
237, 1946 (APA), `` `adjudication' means agency process for formulation 
of an order.'' 5 U.S.C. 551(7). Appeals initiated under section 404(d) 
are not formal adjudications under the APA (5 U.S.C. 554) because, 
pursuant to section 404(d)(5)(C), the provisions of 5 U.S.C. 556 and 
557 do not apply to post office appeal proceedings.
    Instead, appeals of post office closings are a form of informal 
adjudication.\3\ The Commission is not required by section 404(d) or 
any other statutory provision to publish in the Federal Register notice 
that a post office appeal has been filed with it. As with all its 
orders, the Commission does publish orders issued in post office appeal 
proceedings on its Web site and, if needed, mails a copy of it to 
parties without access to the Commission's Web site. Moreover, both the 
Commission's and the Postal Service's rules require that documents 
relating to an appeal be displayed at a post office to be closed.\4\ 
Such postings also serve to apprise persons served by such post office 
that an appeal has been initiated.
---------------------------------------------------------------------------

    \3\ ``Informal adjudications are not covered by the APA at all, 
generally do not involve a hearing, and are subject to the specific 
enabling statute of each agency.'' James T. O'Reilly, Administrative 
Rulemaking: Structuring, Opposing, and Defending Federal Agency 
Regulations 621 (2d ed. 2011).
    \4\ See 39 CFR 241.3(g)(3)(ii) and 3001.117.
---------------------------------------------------------------------------

    Accordingly, the Commission proposes to amend rule 3001.17 to 
eliminate the requirement that notice of each post office appeal be 
published in the Federal Register. In addition, the Commission proposes 
several housekeeping changes to that rule to delete outdated 
provisions:
     Remove subparagraphs (a)(1) and (2) and redesignate 
subparagraphs (a)(3), (4), and (5) as (a)(1), (2), and (3), 
respectively;
     Revise redesignated subparagraph (a)(2) by changing 
``subpart E of this part'' to ``part 3030 of this chapter'';
     Revise redesignated subparagraph (a)(3) by changing ``to 
institute any other proceeding under the Act.'' to ``it is 
appropriate.'';
     Remove paragraph (b) and redesignate paragraphs (c) and 
(d) as (b) and (c), respectively;
     Revise redesignated paragraph (b) by inserting ``and'' 
after ``on the Postal Service,'' and by striking ``, and the appellant 
in the appeal of a Postal Service determination to close or consolidate 
a post office'';
     Revise redesignated subparagraph (c)(1) by changing 
``paragraphs (a) and (b)'' to ``paragraph (a)''; and
     Revise redesignated subparagraph (c)(3) by inserting 
``and'' after ``nature of postal services;'', and by striking ``or, in 
the case of an appeal, an identification of the appellant and a 
summarization of the Postal Service determination to close or 
consolidate under review''.
    Lastly, in Order No. 814, the Commission proposed to allow 
participants in appeal proceedings (other than the Postal Service) to 
file hard copy documents thereby eliminating the need for participants 
to request a waiver of the Commission's online filing requirements. See 
Order No. 814 at 2, 13. This change is reflected in proposed revisions 
to rules 3001.9(a) and 10(d). To conform to the proposed changes and to 
eliminate an outdated reference, the Commission proposes the following 
change to rule 3001.10(b):
     Revise redesignated paragraph (b) by removing 
``Participants in proceedings conducted under subpart H who are unable 
to comply with these requirements may seek to have them waived.''
    It is ordered:
    1. Comments on the amendments to 39 CFR 3001.17 and 3001.10(b) 
specified in the body of this Order are due October 3, 2011.
    2. The Secretary shall arrange for publication of this document in 
the Federal Register.

List of Subjects in Part 3001

    Administrative practice and procedure; Freedom of information; 
Postal service; Sunshine Act.

Ruth Ann Abrams,
Acting Secretary.

    For the reasons discussed in the preamble, the Postal Regulatory 
Commission proposes to amend chapter III of title 39 of the Code of 
Federal Regulations as follows.

PART 3001--[AMENDED]

    1. The authority citation for part 3001 continues to read as 
follows:

    Authority:  39 U.S.C. 404(d); 503; 504; 3661.

Subpart A--Rules of General Applicability

    2. In Sec.  3001.10, revise paragraph (b) to read as follows:


Sec.  3001.10  Form and number of copies of documents.

* * * * *
    (b) Hard copies. Each document filed in paper form must be produced 
on letter-size paper, 8 to 8\1/2\ inches wide by 10\1/2\ to 11 inches 
long, with left- and right-hand margins not less than 1 inch and other 
margins not less than .75 inches, except that tables, charts or special 
documents attached thereto may be larger if required, provided that 
they are folded to the size of the document to which they are attached. 
If the document is bound, it shall be bound on the left side. Copies of 
documents for filing and service must be printed from a text-based pdf 
version of the

[[Page 59087]]

document, where possible. Otherwise, they may be reproduced by any 
duplicating process that produces clear and legible copies. Each person 
filing a hardcopy document with the Commission mut prove an original 
and two fully conformed copies of the document required or permitted to 
be filed under this part, except for a document filed under seal, for 
which only the original and two (2) copies need be filed. The copies 
need not be signed but shall show the full name of the individual 
signing the original document and the certificate of service attached 
thereto.
* * * * *
    2. Revise Sec.  3001.17 to read as follows:


Sec.  3001.17  Notice of proceeding.

    (a) When issued. The Commission shall issue a notice of proceeding 
to be determined on the record with an opportunity for any interested 
person to request a hearing whenever:
    (1) The Postal Service files a request with the Commission to issue 
an advisory opinion on a proposed change in the nature of postal 
services which will generally affect service on a nationwide or 
substantially nationwide basis;
    (2) The Commission in the exercise of its discretion determines 
that an opportunity for hearing should be provided with regard to a 
complaint filed pursuant to part 3030 of this chapter; or
    (3) The Commission in the exercise of its discretion determines it 
is appropriate.
    (b) Service of notice. Each notice of proceeding shall be served on 
the Postal Service and the complainant in a complaint proceeding.
    (c) Contents of notice. The notice of proceeding shall include the 
following:
    (1) The general nature of the proceeding involved in terms of 
categories listed in paragraph (a) of this section;
    (2) A reference to the legal authority under which the proceeding 
is to be conducted;
    (3) A concise description of proposals for changes in rates or 
fees; proposals for changes in the nature of postal services; and in 
the case of a complaint, an identification of the complainant and a 
concise description of the subject matter of the complaint;
    (4) The date by which notices of intervention and requests for 
hearing must be filed; and
    (5) Such other information as the Commission may desire to include.

[FR Doc. 2011-24311 Filed 9-22-11; 8:45 am]
BILLING CODE P