[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Proposed Rules]
[Pages 4606-4607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01407]


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

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.

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

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \2\ 39 CFR 3020.14; 39 U.S.C. 3642(d)(1).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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