[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Rules and Regulations]
[Pages 37401-37402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17638]
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POSTAL RATE COMMISSION
39 CFR Part 3002
Mission Statement for Office of Consumer Advocate
[Order No. 1255; Docket No. RM99-3]
AGENCY: Postal Rate Commission.
ACTION: Final rule.
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SUMMARY: The Commission has replaced a set of policy guidelines for its
Office of Consumer Advocate (OCA) with a mission statement. The
superseding statement retains current duties, adds responsibilities,
and identifies opportunities for public input. This action clarifies
and updates the OCA's role.
DATES: Effective July 12, 1999.
ADDRESSES: Send correspondence about this rule to the attention of
Margaret P. Crenshaw, Secretary, Postal Rate Commission, 1333 H Street,
NW., Washington, DC 20268-0001.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
Postal Rate Commission, 1333 H Street NW., Washington, DC, 20268-0001,
202-789-6820.
SUPPLEMENTARY INFORMATION: Before recommending decisions on rate and
classification matters, the Postal Rate Commission is required by the
Postal Reorganization Act to provide an opportunity for a hearing on
the record to ``the Postal Service, users of the mails, and an officer
of the Commission who shall be required to represent the interests of
the general public.'' 39 U.S.C. 3624(a). In Order No. 433, issued June
1, 1982, the Commission issued policy guidelines for the officer of the
Commission (OOC) (and for the permanent staff assigned to the OOC) with
respect to representing the interests of the general public.
Subsequently, the Commission designated a staff unit as the Office of
the Consumer Advocate (OCA). The director of the OCA is generally
appointed as the officer of the Commission responsible for representing
the interests of the general public. See 39 CFR 3002.7 (describing the
OCA) and Appendix A to 39 CFR Part 3002 (the policy statement).
Development of Superseding Mission Statement
The Commission has developed a mission statement of the OCA
(presented as Appendix A to this order) to update and reemphasize the
importance of the role of OCA in proceedings before the Commission. The
mission statement encompasses the duties outlined in the 1982
guidelines, but broadens the scope of the activities the OCA is
expected to undertake in representing the general public interest. The
purpose of the mission statement also is to apprise the general public
and participants in proceedings before the Commission of the current
role of the OCA in the work of the agency and the opportunities
available for public input in Commission proceedings.
The mission statement is not intended to limit the means by which
the OCA represents the interests of the general public. The Commission
will not consider either the scope of the activities of the OCA or
whether positions taken by OCA adhere to the mission statement as an
issue in any proceeding.
The OCA will participate in formal dockets before the Commission,
including rulemaking dockets initiated by the Commission, and make
evidentiary and legal presentations to the Commission on issues arising
in such dockets. OCA shall participate in informal and formal discovery
to obtain information needed to support its presentations or otherwise
to inform the Commission on pending issues. For its presentations, OCA
may utilize its staff resources and, where appropriate, retain expert
witnesses, consultants, or counsel to assist it in preparing and
presenting material to the Commission. OCA will present views to the
Commission on behalf of members of the general public, including
individuals and small businesses as both senders and recipients of
mail, who are not otherwise adequately represented by private parties
in proceedings before the Commission. The OCA shall also participate in
dockets to assure that a full record is developed for Commission
consideration.
In the event the Commission indicates through a notice of inquiry
or other suitable procedure that it wishes to explore certain issues,
including the reconsideration of previous decisions to evaluate their
continued viability, the OCA shall contribute to this process on the
same basis as all other parties. The OCA shall also carry out such
other functions as may be assigned to it by the Commission.
The Commission values appropriate contact between the OCA and
members of the general public and organizations representing consumers
or advocating on behalf of consumers. Such contacts can provide useful
information as to general public postal needs and preferences; widely
held concerns about postal rates and services; and complaints about, or
perceptions of, deficiencies in the Postal Service. Such contacts also
can be the source of specific suggestions for changes in the Domestic
Mail Classification Schedule (DMCS) and the DMCS Fee Schedule, and for
other public suggestions for changes in which the Commission may be
interested. Such suggestions may include matters that are not the
subject of specific Commission proceedings.
[[Page 37402]]
The OCA is expected to maintain regular contact with consumer
advocacy or public interest groups that may wish to participate, either
on a full or limited basis, in proceedings before the Commission. The
OCA may consult with such groups and shall facilitate, through
informational or logistical means, the ability of such groups to
present their positions to the Commission. The OCA also shall serve as
a resource to assist individuals and otherwise unrepresented entities
to understand how they may best present their views to the Commission.
Other Responsibilities
In addition to the duty to participate in Commission proceedings,
the OCA staff is expected to stay abreast of the body of published
information germane to postal rate and classification matters, as well
as regulatory and non-regulatory developments in related fields such
public utilities, telecommunications, and transportation. The OCA staff
is expected to increase its understanding of mailer needs and postal
operations by appropriate field study, including the use of surveys
where appropriate. Public contacts and informational undertakings of
this nature are appropriately related to the OCA's function.
Impact on Existing Policy Statement
The mission statement that has been developed supersedes the
``Policy Guidelines for Representation of the Interests of the General
Public in Commission Proceedings,'' which currently appears as Appendix
A to 39 CFR Part 3002. Adoption of the mission statement also requires
a minor conforming editorial change in 39 CFR 3002.7(c).
Effective Date
The Commission has determined that the mission statement shall take
effect upon publication of this notice and order.
List of Subjects in 39 CFR Part 3002
Administrative practice and procedure, Organization and functions,
Postal Service.
For the reasons stated in the preamble, the Postal Rate Commission
amends part 3002 of title 39 of the Code of Federal Regulations as
follows:
PART 3002--ORGANIZATION
1. The authority citation for part 3002 continues to read as
follows:
Authority: 39 U.S.C. 404(b), 3603, 3622-24, 3661, 3662.
2. In Sec. 3002.7(c) remove the phrase ``policy statement'' and add
in its place the phrase ``mission statement.''
3. Revise Appendix A to part 3002 as follows:
Appendix A to Part 3002--Postal Rate Commission, Mission Statement
of the Office of the Consumer Advocate
The mission of the Office of the Consumer Advocate is to be a
vigorous, responsive, and effective advocate for reasonable and
equitable treatment of the general public in proceedings before the
Postal Rate Commission.
In furtherance of this mission, the Office of the Consumer
Advocate will:
1. Give a strong and consistent voice to the views of consumers,
especially those that are not otherwise represented in Commission
proceedings;
2. Argue for equity on behalf of individuals and small
businesses, both as senders and as recipients of mail and mail
services;
3. Utilize all means and procedures available under the
Commission's rules and applicable law to present evidence and
arguments on behalf of consumers in Commission proceedings;
4. Assist in the development of a complete record on issues
pending before the Commission;
5. Engage in dialogue with parties or participants in
proceedings before the Commission to advance the interests of
consumers;
6. Encourage the equitable settlement of issues among the
parties and participants in proceedings whenever possible;
7. Promote fair competition between the United States Postal
Service and its competitors for the ultimate benefit of consumers;
8. Seek out responsible advocates of consumer interests and
encourage their participation in Commission cases;
9. Maintain the highest standards of competence and quality in
all evidence and pleadings submitted to the Commission; and
10. Maintain separation and independence from the Commission and
its advisory staff in the course of proceedings before the
Commission.
Dated: July 7, 1999.
Cyril J. Pittack,
Acting Secretary.
[FR Doc. 99-17638 Filed 7-9-99; 8:45 am]
BILLING CODE 7710-FW-P
