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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Proposed Rules
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letters. Several of these regulations were modified and superseded by the adoption of the PAEA. For example, the PAEA supersedes a Postal Service regulation that allows private carriage if the amount paid is at least three dollars or twice the applicable U.S.
postage for First-Class Mail including priority mail whichever is greater. 39
CFR 320.6c. In addition, a Postal Service regulation closely tracks the language in Section 601a but also allows for alternative payment agreements in written agreements between customers and the Postal Service. 39 CFR 310.2b. The Commission is specifically interested in whether certain Postal Service regulations implement the current statutory exemptions found in Sections 601a, 601b1, and 601b2, and whether the Commission should adopt or revise these and other regulations to clarify the statutory exemptions.
Second, the Commission is interested in identifying what private carrier services are within the scope of Section 601b3. See 39 U.S.C. 601b3. The grandfather clause in Section 601b3 authorized the continuation of private activities that the Postal Service had purportedly permitted by regulations to be carried out of the mail.
Specifically, it allows private carriage that is within the scope of specific purported suspensions to the letter monopoly. 39 CFR 310.1 2005
included twelve putative exceptions to the definition of letter and/or purported suspensions of the letter monopoly. 39 CFR 320.28 2005
provided seven additional purported suspensions of the PES, including for certain data processing materials, for certain letters of college and university organizations, and for certain international-ocean carrier-related documents. The Commission seeks
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comments on what services were described by regulations of the United States Postal Service . . . that purport to permit private carriage by suspension of the operation of this section as of July 1, 2005. See 39 U.S.C. 601b3.
Additionally, the Commission seeks suggestions regarding what regulations may be needed to enumerate in clear terms all instances where private carrier services are within the scope of Section 601b3.
For both issues, the goal of the Commission is to determine whether it is necessary to clarify the statutory exemptions regarding the letter monopoly. The Commission seeks information as to how best to resolve any ambiguities in the application of the exceptions. The Commission also inquires whether consolidating regulations and definitions under one section, rescinding redundant and/or conflicting sections, or standardizing the terminology used in the regulations would be helpful.
IV. Comments The Commission invites interested persons to identify whether there are any Postal Service regulations that the Commission should adopt to carry out the requirements of Section 601 and if so, whether the Commission should revise those regulations. In addition, the Commission seeks comments that identify what private carrier services are within the scope of Section 601b3
and whether regulations are needed to clearly enumerate those services.
Commenters are encouraged to provide specific suggestions on revisions or recommend new regulations.
The Commission recognizes that comments on these issues have been provided in Docket No. RM20204.
However, given the length of time since those comments were received and the breadth of different topics covered by
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the previous advance notice of proposed rulemaking, the Commission finds it prudent to solicit updated comments to assist in focusing this proceeding on a few particular issues. Commenters who previously submitted comments in Docket No. RM20204 may provide updated comments in this proceeding.
The Commission envisions that the comments provided in this proceeding will help inform any proposed rules that may be issued in Docket No. RM2020
4.
Comments are due August 26, 2021.
Material filed in this docket will be available for review on the Commissions website, http
www.prc.gov.
Pursuant to 39 U.S.C. 505, Kenneth E.
Richardson will serve as the officer of the Commission Public Representative to represent the interests of the general public in this docket.
V. Ordering Paragraphs It is ordered:
1. The Commission establishes Docket No. PI20212 for the purpose of considering potential regulations under 39 U.S.C. 601.
2. Interested persons may submit written comments on potential regulations no later than August 26, 2021.
3. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson will serve as the officer of the Commission Public Representative to represent the interests of the general public in this proceeding.
4. The Secretary shall arrange for publication of this Notice in the Federal Register.
By the Commission.
Erica A. Barker, Secretary.
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