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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

Having received adequate input from the public in order to propose regulations in this docket, the Commission issued an order, filed concurrently with this order, closing the public inquiry docket.6
III. Basis and Purpose of Proposed Rule The Commission finds it necessary to provide some clarity on the statute, and its relationship with the Postal Services regulations. The Commission also finds it necessary to provide the public a process to seek clarification of the statute or the letter monopoly should the need arise in the future. Thus, the Commission proposes the following rules.
First, the Commission proposes a provision stating that certain Postal Service regulations in parts 310 and 320
of this title are within the scope of these new rules and subject to Commission interpretation. The Postal Service asserts that only certain provisions in parts 310 and 320 of this title are subject to Commission authority, namely 310.1a7 of this title, 310.2b1
and 2 of this title, and 320.2
through 320.8 of this title. However, the Commission notes that Section 601b3
specifically references 310.1 of this title in its entirety and thus, the entirety of that provision is under Commission authority. Additionally, the definitions referenced in 310.1 of this title are referenced in 320.1 of this title and therefore, the Commission also includes 320.1 of this title. The Commission also proposes a provision that if there is a conflict between the Postal Service regulations and Section 601, Section 601 takes precedence.
Next, the Commission proposes a provision explicitly stating that the Postal Service no longer has authority to issue regulations interpreting, suspending or otherwise defining the scope of the letter monopoly. These provisions also include a prohibition on issuing guidance or entering into agreements purporting to do the same.
The Commission also proposes a provision stating that it has the sole authority to promulgate regulations necessary to carry out Section 601.
Finally, the Commission proposes a provision allowing interested parties to seek interpretation of Postal Service regulations or statutory language by filing a rulemaking petition with the Commission, or requesting an advisory opinion from the Commissions General Counsel. The Commission may also initiate its own proceeding. These procedures allow for interpretation of 6 See Docket No. PI20212, Order Closing Docket, November 24, 2021 Order No. 6046.

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statutory and regulatory requirements that is accessible and transparent to the public.
IV. Proposed Rule The Commission proposes to place the new regulations clarifying Section 601 in new 39 CFR part 3065.
Proposed 3050.1 states that the rules in this part implement 39 U.S.C. 601. It lists the Postal Service regulations that are subject to the proposed rules and clarifies that the Commission has authority to interpret them. It also provides that in the event of a conflict between Section 601 and the Postal Service regulations, Section 601 would supersede any applicable requirements.
Proposed 3065.2 provides that the Commission has the sole authority to promulgate new regulations necessary to carry out Section 601. It also prohibits the Postal Service from promulgating any new regulations, issuing any guidance, or entering into agreements purporting to suspend or otherwise define the letter monopoly. It further states that the Postal Service may not promulgate new regulations or issue any guidance purporting to interpret Section 601.
Proposed 3065.3 provides two procedures for parties seeking clarification or interpretation of the statute or regulations concerning Section 601. It also states that the Commission may initiate its own proceeding for clarification or interpretation.
List of Subjects in 39 CFR Part 3065
Administrative practice and procedure, Postal Service.
For the reasons stated in the preamble, the Commission proposes to amend chapter III of title 39 of the Code of Federal Regulations as follows:
PART 3065RULES FOR LETTERS
CARRIED OUT OF THE MAIL

1. Add part 3065 to read as follows:

PART 3065RULES FOR LETTERS
CARRIED OUT OF THE MAIL
Sec.
3065.1 Applicability and scope.
3065.2 Prohibition on new regulations.
3065.3 Procedure for seeking clarification or interpretation.
Authority: 39 U.S.C. 503, 601.
3065.1

Applicability and scope.

a The rules in this part implement 39 U.S.C. 601, which generally describes when letters may be carried out of the mail.
b Notwithstanding placement in Postal Service chapter I of this title, the
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following provisions in parts 310 and 320 of this title are within the scope of this part and the Commission has the authority to interpret them:
1 310.1 of this title;
2 310.2b1 and 2 of this title;
and 3 320.1 through 320.8 of this title.
c In the event of a conflict between 39 U.S.C. 601 and applicable regulations under parts 310 and 320 of this title, 39
U.S.C. 601 shall supersede any other generally applicable requirements.
3065.2

Prohibition on new regulations.

a The Postal Service may not promulgate any new regulations, issue guidance, or enter into agreements purporting to suspend or otherwise define the scope of the letter monopoly.
b The Postal Service may not promulgate any new regulations or issue guidance purporting to interpret 39
U.S.C. 601.
c The Commission has the sole authority to promulgate new regulations necessary to carry out 39 U.S.C. 601.
3065.3 Procedure for seeking clarification or interpretation.

a The Commission may, on its own motion, initiate a proceeding under this subpart pursuant to 3010.201a of this chapter.
b The Commission may provide interpretation of these regulations or 39
U.S.C. 601 upon:
1 A partys request to initiate a rulemaking proceeding with the Commission pursuant to the requirements of 3010.201b of this chapter; or 2 a partys request for an advisory opinion from the General Counsel.
By the Commission.
Erica A. Barker, Secretary.
FR Doc. 202126035 Filed 113021; 8:45 am BILLING CODE 7710FWP

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 73
AU Docket No. 21449; DA 211444; FR
ID 59514

Auction of Construction Permits for Full Power Television Stations;
Comment Sought on Competitive Bidding Procedures for Auction 112
Federal Communications Commission.
ACTION: Proposed rule; proposed auction procedures.
AGENCY:

The Office of Economics and Analytics and the Media Bureau seek
SUMMARY:

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