[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

0
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