[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27044-27048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10696]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3002

[Order No. 1705; Docket No. RM2013-3]


Agency Organization

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is following up on a previous rulemaking by 
amending the description of its organizational functions in its 
regulations. It is also replacing its official seal. The changes to 
functional descriptions conform to expanded responsibilities under a 
postal reform law. Formal adoption of the new official seal also 
conforms to the postal reform law. Given the administrative nature of 
the changes, comments are not required or requested.

DATES: Effective June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820.

SUPPLEMENTARY INFORMATION: Regulatory history: 72 FR 33165 (June 15, 
2007).

Table of Contents

I. Background
II. Changes to Part 3002
III. Effective Date
IV. Conclusion

I. Background

    This final rule amends the Postal Regulatory Commission's 
organizational description, 39 CFR part 3002, by revising regulations 
that describe the agency's jurisdiction, seal, and individual office 
components. This rule reflects changes to the Commission's organization 
since the passage of the Postal Accountability and Enhancement Act 
(PAEA), Public Law 109-435, 120 Stat. 3198 (2006).
    The PAEA transformed the Postal Rate Commission into the Postal 
Regulatory Commission, repealed several key sections of title 39 of the 
United States Code, and added a number of new statutory provisions to 
title 39. The result was a major change in the Commission's regulatory 
responsibilities and authorities. In response to the changes made by 
the PAEA, the Commission changed its organizational structure to 
reflect its responsibilities under the PAEA. These amendments to 39 CFR 
part 3002 reflect these organizational changes.

II. Changes to Part 3002

    The changes adopted in this order amend descriptions to reflect 
present Commission structure. The following list summarizes the impact 
of this order on the provisions of 39 CFR part 3002 by providing a 
section-by-section analysis of the amended portions of part 3002. In 
addition, below the signature of the Secretary at the end of this order 
are the amended sections of part 3002 reproduced in their entireties.
    Rules 3002.2(a) and (b) are revised to read as set forth in the 
regulatory text of this final rule.
    The indefinite suspension of Rule 3002.3 is lifted.
    Rule 3002.3(a) is amended by replacing ``Postal Rate Commission'' 
with ``Postal Regulatory Commission.''
    Rule 3002.3(b)(1) is revised to read as set forth in the regulatory 
text of this final rule.
    Rule 3002.3(b)(2) is amended by replacing ``Postal Rate 
Commission'' with ``Postal Regulatory Commission'' and by replacing the 
former seal with the current seal.
    Rule 3002.3(c)(1) is amended by replacing ``Postal Rate 
Commission'' with ``Postal Regulatory Commission'' and by deleting the 
word ``therefore.''
    Rule 3002.3(c)(2) is amended by replacing ``Postal Rate 
Commission'' with ``Postal Regulatory Commission.''

[[Page 27045]]

    Rule 3002.10(a) is amended by replacing ``the Postal Reorganization 
Act (84 Stat. 719, title 39, U.S.C.)'' with ``the Postal Accountability 
and Enhancement Act (39 U.S.C. 501)'' and by replacing ``U.S. 
Government'' with ``federal government''.
    Rule 3002.10(c) is amended by replacing ``and the staff components 
described in Sec. Sec.  3001.4, 3001.5, 3001.6 and 3001.7'' with ``and 
staff'' and ``Sec.  3001.9'' with ``Sec.  3001.9 of this chapter'', and 
by deleting ``a library containing legal and technical reference 
materials;''.
    Rule 3002.11 is revised to read as set forth in the regulatory text 
of this final rule.
    Rule 3002.12 is renamed ``Office of Accountability and 
Compliance''.
    Rule 3002.12(a) is amended by replacing ``Office of Rates, 
Analysis, and Planning'' with ``Office of Accountability and 
Compliance''; by deleting ``(as opposed to legal)''; and by adding ``in 
both domestic and international matters, including those governed by 
the Universal Postal Union'' to the end of the sentence.
    The first sentence of Rule 3002.12(b) is amended by replacing 
``This office'' with ``The Office of Accountability and Compliance'' 
and ``reviewing the record of rate and classification requests'' with 
``the review of rate changes, negotiated service agreements, 
classification of products, the Annual Compliance Determination, the 
Annual Report, changes to postal services''.
    Rule 3002.12(b)(3) is amended by replacing ``by the operational 
characteristics'' with ``by operational characteristics, changes in 
volume, and changes in other relevant factors''.
    Rule 3002.12(c) is revised to read as set forth in the regulatory 
text of this final rule.
    Rule 301.12(d) is amended by replacing ``The office'' with ``The 
Office of Accountability and Compliance''.
    Rule 3002.13 is revised to read as set forth in the regulatory text 
of this final rule.
    Rule 3002.14 is renamed ``The Public Representative''.
    Rule 3002.14 is revised to read as set forth in the regulatory text 
of this final rule.
    Rule 3002.15 is renamed ``Office of Public Affairs and Government 
Relations.''
    Rule 3002.15 and 3002.16 are revised to read as set forth in the 
regulatory text of this final rule.
    Appendix A to Part 3002 is removed.

III. Effective Date

    Notice and comment are not required under the Administrative 
Procedure Act when a rulemaking involves ``interpretative rules, 
general statements of policy, or rules of agency organization, 
procedure, or practice.'' 5 U.S.C. 553(b). Since these changes concern 
the Commission's rules of agency organization, notice and opportunity 
for public comment are not required. See also 39 CFR 3001.41(e) 
(stating that ``[e]xcept when notice or hearing is required by statute, 
the Commission may issue at any time rules of organization...without 
notice or public procedure'').
    Generally, a rule becomes effective not less than 30 days after 
publication in the Federal Register. 39 CFR 3001.41(a). Finding no 
reason to deviate from the general rule, this final rule shall be 
effective 30 days following publication in the Federal Register.

IV. Conclusion

    In consideration of the foregoing, the Commission adopts the 
changes to part 3002 appearing below the Secretary's signature in this 
order.
    It is ordered:
    1. 39 CFR part 3002 is hereby amended as discussed in this order.
    2. Amendments listed in this order are effective 30 days following 
publication of this order in the Federal Register.
    3. The Secretary shall arrange for publication of this order in the 
Federal Register.

List of Subjects in 39 CFR Part 3002

    Organization and functions (Government agencies), Seals and 
insignia.

    By the Commission.

    Issued: April 26, 2013.
Ruth Ann Abrams,
Acting Secretary.

0
For the reasons discussed in the preamble, the Postal Regulatory 
Commission revises 39 CFR part 3002 to read as follows:

PART 3002--ORGANIZATION

Sec.
3002.1 Purpose.
3002.2 Statutory functions.
3002.3 Official seal.
3002.4-3002.9 [Reserved]
3002.10 The Commission and its offices.
3002.11 Office of Secretary and Administration.
3002.12 Office of Accountability and Compliance.
3002.13 Office of the General Counsel.
3002.14 The Public Representative.
3002.15 Office of Public Affairs and Government Relations.
3002.16 Office of Inspector General.

    Authority: 39 U.S.C. 503; 5 U.S.C. 552.


Sec.  3002.1  Purpose.

    This part is published in compliance with 5 U.S.C. 552(a)(1) and 
constitutes a general description of the Postal Regulatory Commission.


Sec.  3002.2  Statutory functions.

    (a) Areas of jurisdiction. The Commission develops and maintains 
regulations for a modern system of rate regulation, including 
maintaining the market dominant and competitive product lists in the 
Mail Classification Schedule and ensuring that rates meet the 
requirements of 39 U.S.C. 3622 and 3633. The Commission consults with 
the Postal Service on delivery service standards and performance 
measures and with the Department of State on international postal 
policies. The Commission adjudicates rate and service complaints filed 
pursuant to 39 U.S.C. 3662 and offers advisory opinions on proposed 
changes to postal services pursuant to 39 U.S.C. 3661. Pursuant to 39 
U.S.C. 3651, the Commission provides an annual report to the President 
and Congress, and pursuant to 39 U.S.C. 3653, the Commission issues an 
annual compliance determination to assess whether the Postal Service's 
rates, fees, and services comport with the requirements of title 39. 
Pursuant to 39 U.S.C. 404(d)(5), the Commission acts on postal patrons' 
appeals concerning Postal Service decisions to close or consolidate 
post offices.
    (b) Public participation. Interested persons may participate in 
formal proceedings described in Sec. Sec.  3001.17 and 3001.18 of this 
chapter as formal intervenors (Sec.  3001.20 of this chapter), limited 
participators (Sec.  3001.20a of this chapter), or commenters (Sec.  
3001.20b of this chapter). Pursuant to 39 U.S.C. 3662(a) and part 3030 
of this chapter, any interested person may lodge rate and service 
complaints with the Commission. Persons served by a post office that 
the Postal Service decides to close or consolidate may appeal such 
determinations in accordance with 39 U.S.C. 404(d) and part 3025 of 
this chapter.


Sec.  3002.3  Official seal.

    (a) Authority. The Seal described in this section is hereby 
established as the official seal of the Postal Regulatory Commission.
    (b) Description. (1) On a gold color (yellow) pentagon device, the 
base-line formed as a ``V,'' edged with a black border, a black 
triangle point down and between the inscription at top ``Postal 
Regulatory Commission'' in white letters and in base at the point of 
the triangle three Celeste mullets two, two

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and one, the American Eagle with branch and arrows derived from the 
Great Seal of the United States charged on the breast with the 
Commission's earlier round seal inscribed ``Postal Regulatory 
Commission'' and the date ``2006'', all in gold (yellow).
    (2) The official seal of the Postal Regulatory Commission is 
modified when reproduced in black and white and when embossed, as it 
appears in this section.
[GRAPHIC] [TIFF OMITTED] TR09MY13.003

    (c) Custody and authorization to affix. (1) The seal is the 
official emblem of the Postal Regulatory Commission and its use is 
permitted only as provided in this part.
    (2) The seal shall be kept in the custody of the Secretary and is 
to be used to authenticate records of the Postal Regulatory Commission 
and for other official purposes.
    (3) Use by any person or organization outside of the Commission may 
be made only with the Commission's prior written approval. Such request 
must be made in writing to the Secretary.


Sec. Sec.  3002.4-3002.9   [Reserved]


Sec.  3002.10  The Commission and its offices.

    (a) The Commissioners. The Postal Regulatory Commission is an 
independent establishment of the executive branch of the federal 
government created by the Postal Accountability and Enhancement Act (39 
U.S.C. 501).
    (b) The Chairman and Vice-Chairman. The Chairman has the 
administrative responsibility for assigning the business of the 
Commission to the other Commissioners and to the offices and employees 
of the Commission. He/She has the administrative duty to preside at the 
meetings and sessions of the Commission and to represent the Commission 
in matters specified by statute or executive order or as the Commission 
directs. The Commission shall elect annually a member of the Commission 
to serve as Vice-Chairman of the Commission for a term of one year or 
until a successor is elected. In case of a vacancy in the Office of the 
Chairman of the Commission, or in the absence or inability of the 
Chairman to serve, the Vice-Chairman, unless otherwise directed by the 
Chairman, shall have the administrative responsibilities and duties of 
the Chairman during the period of vacancy, absence, or inability.
    (c) The Commission's offices are located at 901 New York Avenue 
NW., Suite 200, Washington, DC 20268-0001. On these premises, the 
Commission maintains offices for Commissioners and staff; a docket room 
where documents may be filed with the Commission pursuant to Sec.  
3001.9 of this chapter and examined by interested persons, a public 
reading room where the Commission's public records are available for 
inspection and copying; and a hearing room where formal evidentiary 
proceedings are held on matters before the Commission. The Commission 
also maintains an electronic reading room accessible through the 
Internet, on its Web site at http://www.prc.gov.


Sec.  3002.11  Office of Secretary and Administration.

    (a) The incumbent head of the office utilizes the title of 
``Secretary''.
    (b) The Office of Secretary and Administration is responsible for 
the Commission's budget and accounting. In this role, the Office of 
Secretary and Administration develops, implements, and administers the 
Commission's financial management system and accounting activities 
including those relating to the budget and the payroll; is responsible 
for the Commission's strategic planning; and serves as the point of 
contact for all Commission contracts and audits.
    (c) The Office of Secretary and Administration is responsible for 
the Commission's human resources and personnel. In this role, the 
Office of Secretary and Administration is responsible for Commission 
employee hiring, training, travel, personnel policy and compliance, and 
human capital planning. In addition, the Office of Secretary and 
Administration serves as an Equal Employment Opportunity Officer for 
the Commission and manages the Commission's continuity of operations 
planning.
    (d) The Office of Secretary and Administration manages the 
Commission's records, including the Commission's seal, administrative 
policies, orders, reports, and official correspondence. In this role, 
the Office

[[Page 27047]]

of Secretary and Administration manages the Commission's dockets and 
docket room, Web site, reference materials, inter-agency reporting, and 
Freedom of Information Act responsibilities. All orders and other 
actions of the Commission shall be authenticated or signed by the 
Secretary or any such other person as may be authorized by the 
Commission.
    (e) The Office of Secretary and Administration is responsible for 
the Commission's facilities and infrastructure. In this role, the 
Office of Secretary and Administration manages facility security; 
provides information technology and other support services essential to 
the efficient and effective conduct of operations; acquires and assigns 
office space; and manages procurement and supply.


Sec.  3002.12  Office of Accountability and Compliance.

    (a) The Office of Accountability and Compliance is responsible for 
technical analysis and the formulation of policy recommendations for 
the Commission in both domestic and international matters, including 
those governed by the Universal Postal Union.
    (b) The Office of Accountability and Compliance provides the 
analytic support to the Commission for the review of rate changes, 
negotiated service agreements, classification of products, the Annual 
Compliance Determination, the Annual Report, changes to postal 
services, post office closings and other issues which come before the 
Commission.'' The functional areas of expertise within this office are:
    (1) The economic analysis of the market for postal services 
including the alternative sources for such services and the users of 
the service;
    (2) The analysis of the operational characteristics of the postal 
system and its interface with various segments of the economy; and
    (3) The analysis of the costs of operating the Postal Service and 
how such costs are influenced by operational characteristics, changes 
in volume, and changes in other relevant factors.
    (c) These functional activities are combined in the evaluation of 
the Postal Service's proposed rates, proposed service changes, proposed 
changes to the Mail Classification Schedule, and product list 
designations, as well as formal complaints, the Annual Compliance 
Determination, and all other proceedings, reports, and filings before 
the Commission requiring such analysis.
    (d) The Office of Accountability and Compliance also collects, 
analyzes, and periodically summarizes financial and various other 
statistical information for use in its ongoing activities and for the 
development of future methods, techniques, and systems of analysis and 
reporting.


Sec.  3002.13  Office of the General Counsel.

    (a) The General Counsel directs and coordinates the functions of 
the Office of the General Counsel. The General Counsel does not appear 
as an attorney in any proceeding before the Commission and takes no 
part in the preparation of evidence or argument presented in such 
hearings.
    (b) The Office of the General Counsel provides legal assistance on 
matters involving the Commission's responsibilities; defends Commission 
decisions before the courts; and advises the Commission on the legal 
aspects of proposed legislation, rulemaking, and policies on 
procurement, contracting, personnel matters, ethics, and other internal 
legal matters.


Sec.  3002.14  The Public Representative.

    (a) Pursuant to 39 U.S.C. 505, the Commission appoints a staff 
member, on a case-by-case basis, to serve as a representative of the 
general public's interests in public proceedings before the Commission. 
This appointee is called the Public Representative.
    (b) Individuals appointed to represent the general public are 
subject to the same ex parte prohibitions as apply to all other 
interested persons in the cases to which they are assigned to the role 
of the Public Representative.


Sec.  3002.15  Office of Public Affairs and Government Relations.

    (a) The Office of Public Affairs and Government Relations 
facilitates prompt and responsive communications for the Commission 
with the public, members of Congress, the Postal Service, state and 
local governments, and the media.
    (b) The Office of Public Affairs and Government Relations has three 
primary areas of responsibility: Government Relations, Consumer 
Affairs, and Communications.
    (1) Government Relations. The Office of Public Affairs and 
Government Relations is the principal liaison between the Commission 
and Members of Congress. It develops and maintains effective working 
relationships with Congressional staff; monitors legislative activity; 
and advises the Commission and its staff on legislative actions and 
policies related to the Commission and its mission. The Office of 
Public Affairs and Government Relations works in conjunction with all 
Commission offices to ensure that lawmakers are informed of regulatory 
decisions and policies and that the Commission is responsive to 
Congressional inquiries for technical information. The Office of Public 
Affairs and Government Relations also prepares Commissioners and 
Commission staff when called upon to provide Congressional testimony.
    (2) Consumer Affairs. As the principal source of outreach and 
education to the public, the Office of Public Affairs and Government 
Relations provides information to postal consumers and assists in the 
resolution of rate and service inquiries from members of the public 
pursuant to part 3031 of this chapter. It supports the impartial 
resolution of those inquiries through use of the Postal Service's 
Office of Consumer Advocate and reports the results to the Commission. 
The Office of Public Affairs and Government Relations also utilizes 
procedures available under the Commission's rules and applicable law to 
assist relevant stakeholders in appeals of Postal Service decisions to 
close or consolidate individual post offices; maintains a record of 
service-related inquiries; and posts calendar updates and other public 
information on the Commission's Web site.
    (3) Communication. The Office of Public Affairs and Government 
Relations also develops public outreach strategies for the Commission, 
responds to media inquiries, and disseminates information concerning 
Commission decisions and activities to the public.


Sec.  3002.16  Office of Inspector General.

    (a) The Office of Inspector General has the duty and responsibility 
to:
    (1) Provide policy direction and conduct, supervise, and coordinate 
audits and investigations relating to the programs and operations of 
the Commission;
    (2) Review existing and proposed legislation and regulations 
relating to programs and operations of the Commission;
    (3) Make recommendations in semiannual reports concerning the 
impact of such legislation or regulations on the economy and efficiency 
of programs and operations administered or financed by the Commission 
or on the prevention and detection of fraud and abuse in the 
Commission's programs and operations;
    (4) Recommend policies and conduct, supervise, or coordinate other 
activities carried out or financed by the Commission for the purpose of 
preventing and detecting fraud and abuse in its programs and 
operations;
    (5) Recommend policies and coordinate communications between the 
Commission and other federal agencies,

[[Page 27048]]

state and local government agencies, and nongovernment entities for:
    (i) All matters relating to the promotion of economy and efficiency 
in the administration of, or the prevention and detection of fraud and 
abuse in, programs and operations administered or financed by the 
Commission; or
    (ii) The identification and prosecution of participants in such 
fraud and abuse;
    (6) Keep the Commission and Congress fully and currently informed 
through reports concerning fraud and other serious problems, abuses, 
and deficiencies relating to programs and operations administered or 
financed by the Commission; recommend corrective action concerning such 
problems, abuses, and deficiencies; and report on the progress made in 
implementing such corrective action.
    (b) [Reserved]

[FR Doc. 2013-10696 Filed 5-8-13; 8:45 am]
BILLING CODE 7710-FW-P