2020-05114. Section 407 Proceeding

AGENCY:

Postal Regulatory Commission.

ACTION:

Notice.

SUMMARY:

The Commission is establishing a docket to solicit comments for the purpose of developing its views on whether certain proposals for the upcoming UPU Congress are consistent with the standards and criteria for modern rate regulation established by the Commission under applicable sections of the United States Code. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

DATES:

Comments are due: June 12, 2020.

ADDRESSES:

Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

FOR FURTHER INFORMATION CONTACT:

David A. Trissell, General Counsel, at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. Initial Commission Action

III. Ordering Paragraphs

I. Introduction

The 27th Universal Postal Union (UPU) Congress will take place August 10-28, 2020, in Côte d'Ivoire. Before the United States concludes any treaty, convention, or amendment that establishes a Market Dominant rate or classification, the Secretary of State must request that the Commission provide views on whether such treaties, conventions, or amendments are consistent with the standards and criteria for modern rate regulation established by the Commission under 39 U.S.C. 3622. 39 U.S.C. 407(c). On March 6, 2020, the Department of State requested the Commission's views on relevant proposals that will be presented at the 27th UPU Congress.^[1]

Pursuant to section 407(c)(1) and 39 CFR part 3017, the Commission establishes Docket No. IM2020-1 for the purpose of developing its views on whether certain proposals for the upcoming UPU Congress are consistent with the standards and criteria for modern rate regulation established by the Commission under 39 U.S.C. 3622.

II. Initial Commission Action

Establishment of docket. Part 3017 of title 39 of the Code of Federal Regulations codifies procedures related to the development of the Commission's section 407 views.^[2] Pursuant to rule 3017.3(a), the Commission establishes this docket to “solicit comments on the general principles that should guide the Commission's development of views on relevant proposals, in a general way, and on specific relevant proposals[.]” 39 CFR 3017.3(a).

Comments. Rule 3017.4(a) provides that the Commission “shall establish a deadline for comments upon establishment of the docket that is consistent with timely submission of the Commission's views to the Secretary of State.” 39 CFR 3017.4(a). The 27th Universal Postal Union Congress will take place August 10-28, 2020, in Côte d'Ivoire. The Department of State requests that the Commission submit its views by July 10, 2020. State's Request at 1. To ensure timely submission of the Commission's views to the Department of State, the Commission establishes June 12, 2020, as the deadline for submission of comments on the principles that should guide development of its views, as well as those on the consistency of proposals subject to subchapter I of chapter 36 with the standards and criteria of 39 U.S.C. 3622. Comments are to be submitted in the above captioned docket via the Commission's website at http://www.prc.gov unless a request for waiver is approved. For assistance with filing, contact the Commission's docket section at 202-789-6846 or [e-mail].

Public Representative. Section 505 of title 39 requires the designation of an officer of the Commission (Public Representative) to represent the interests of the general public in all public proceedings. The Commission designates Kenneth E. Richardson as Public Representative in this proceeding.

Availability of documents. Pursuant to rule 3017.3(b), the Commission will post relevant proposals and other materials related to the development of Commission views in this docket.

Federal Register publication. Rule 3017.3(c) requires publication in the Federal Register of the notice establishing a docket authorized under part 3017. 39 CFR 3017.3(c). Pursuant to this rule, the Commission directs the Secretary of the Commission to arrange for prompt publication of this Order in the Federal Register.

III. Ordering Paragraphs

It is ordered:

1. The Commission establishes Docket No. IM2020-1 for purposes related to the development of section 407(c)(1) views and invites public comments related to this effort, as described in the body of this Order.

2. Comments are due no later than June 12, 2020.

3. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket.

4. The Secretary is directed to post documents in this docket when the Commission determines such documents are relevant.

5. The Secretary shall arrange for publication of this Order in the Federal Register.

By the Commission.

Erica A. Barker,

Secretary.

Footnotes

1.  Letter from Nerissa J. Cook, Deputy Assistant Secretary, U.S. Department of State, Bureau of International Organization Affairs, March 6, 2020 (State's Request).

2.  See Docket No. RM2015-14, Order Adopting Final Rules on Procedures Related to Commission Views, December 30, 2015 (Order No. 2960). See also 81 FR 869 (January 8, 2016). The rules in part 3017 took effect on February 8, 2016. The Commission recently revised these rules to enhance transparency and accountability within the Commission view process and improve public accessibility to related documents. Docket No. RM2020-3, Order Adopting Final Rules Related to Commission Views, February 24, 2020, at 1-2 (Order No. 5439). These revised rules go into effect on April 21, 2020. Order No. 5439 at 5. In addition, the Commission recently issued a final rulemaking in a separate proceeding that, among other things, renumbered several parts in title 39. Docket No. RM2019-13, Order Reorganizing Commission Regulations and Amending Rules of Practice, January 16, 2020 (Order No. 5407). As a result of Order No. 5407, part 3017 will be redesignated as part 3025 and the rules will be renumbered on April 20, 2020. Id.; Order No. 5439 at 4-5.