[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Rules and Regulations]
[Pages 43213-43214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15437]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3010
[Docket No. RM2022-4; Order No. 6222]
RIN 3211-AA26
Rules of Practice and Procedure
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is revising its rules of practice and procedure
regarding notices, motions, and information requests to provide
specific rules for motions for reconsideration of final Commission
orders.
DATES: Effective August 19, 2022.
ADDRESSES: For additional information, Order No. 6222 can be accessed
electronically through the Commission's website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis and Purpose of Final Rules
III. Final Rules
I. Background
The Commission currently considers timely motions for
reconsideration of its final orders to determine if those motions raise
material errors of fact or
[[Page 43214]]
law.\1\ However, there are no existing Commission rules specific to
motions for reconsideration, including when such a motion should be
considered timely. Movants file such motions citing to the Commission's
general rule for motions, found in 39 CFR 3010.160, or the underlying
rules governing the subject matter of the docket.
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\1\ See, e.g., Docket No. RM2020-9, Order Denying United Parcel
Service, Inc.'s Motion for Reconsideration of Order No. 6048,
January 28, 2022 (Order No. 6097).
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II. Basis and Purpose of Final Rules
The instant revisions provide rules specific to motions for
reconsideration. These revised rules provide guidance with respect to
the timing, content, and procedural requirements of these motions, as
well as their effect on appellate deadlines, to facilitate public
participation in Commission dockets, and to ensure finality of
Commission orders.
III. Final Rules
The Commission adopts regulations in order to improve the clarity
of its procedures by providing rules specific to motions for
reconsideration.
List of Subjects in 39 CFR Part 3010
Administrative practice and procedure, Confidential business
information, Freedom of information, Sunshine Act.
For the reasons stated in the preamble, the Commission amends
chapter III of title 39 of the Code of Federal Regulations as follows:
PART 3010--RULES OF PRACTICE AND PROCEDURE
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1. The authority citation for part 3010 continues to read as follows:
Authority: 39 U.S.C. 404(d); 503; 504; 3661.
0
2. Add Sec. 3010.165 to read as follows:
Sec. 3010.165 Motions for reconsideration.
(a) Any person may file a motion requesting reconsideration of a
final order by the Commission.
(b) The motion shall be filed within 15 days of the issuance of the
final order that is the subject of the motion and must:
(1) Briefly and specifically allege material errors of fact or law
and the relief sought; and
(2) Be confined to new questions raised by the determination or
action ordered and upon which the moving party had no prior opportunity
to submit arguments.
(c) Upon filing a motion for reconsideration, the underlying
Commission order is not deemed to be final for purposes of 39 U.S.C.
3663 until final disposition of the motion.
Erica A. Barker,
Secretary.
[FR Doc. 2022-15437 Filed 7-19-22; 8:45 am]
BILLING CODE 7710-FW-P