§ 3030.565 - Special procedures applicable to exigent requests.  


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  • § 3030.565 Special procedures applicable to exigent requests.

    (a) The Commission will establish a docket for each exigent request, promptly publish notice of the request in the Federal Register, and post the filing on its website. The notice shall include:

    (1) The general nature of the proceeding;

    (2) A reference to legal authority under which the proceeding is to be conducted;

    (3) A concise description of the proposals for changes in rates, fees, and the Mail Classification Schedule;

    (4) The identification of an officer of the Commission to represent the interests of the general public in the docket;

    (5) A specified period for public comment; and

    (6) Such other information as the Commission deems appropriate.

    (b) The Commission will hold a public hearing on the Postal Service request. During the public hearing, responsible Postal Service officials will appear and respond under oath to questions from the Commissioners or their designees addressing previously identified aspects of the Postal Service's request and the supporting information provided in response to the topics specified in § 3010.561 of this chapter.

    (c) Interested persons will be given an opportunity to submit to the Commission suggested relevant questions that might be posed during the public hearing. Such questions, and any explanatory materials submitted to clarify the purpose of the questions, should be filed in accordance with part 3010, subpart B, of this chapter and will become part of the administrative record of the proceeding.

    (d) The timing and length of the public hearing will depend on the nature of the circumstances giving rise to the request and the clarity and completeness of the supporting materials provided with the request.

    (e) If the Postal Service is unable to provide adequate explanations during the public hearing, supplementary written or oral responses may be required.

    (f) Following the conclusion of the public hearings and submission of any supplementary materials interested persons will be given the opportunity to submit written comments on:

    (1) The sufficiency of the justification for an exigent rate adjustment;

    (2) The adequacy of the justification for adjustments in the amounts requested by the Postal Service; and

    (3) Whether the specific rate adjustments requested are reasonable and equitable.

    (g) An opportunity to submit written reply comments will be given to the Postal Service and other interested persons.

    [78 FR 52704, Aug. 26, 2013. Redesignated and amended at 85 FR 9615, 9658, 9660, Feb. 19, 2020]