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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Proposed Rules contact the person identified in the FOR
section by telephone for advice on filing alternatives.

PART 559FACILITY LICENSE
NOTIFICATIONS

FURTHER INFORMATION CONTACT

1. The authority citation for part 559
continues to read as follows:

FOR FURTHER INFORMATION CONTACT:

Authority: 25 U.S.C. 2701, 27023, 27034, 2705, 2706b10, 2710, 2719.

2. Revise 559.2b to read as follows:

559.2 When must a tribe notify the Chair that it is considering issuing a new facility license?

b The notice shall contain the following:
1 A legal description of the property;
2 The tract number for the property as assigned by the Bureau of Indian Affairs, Land Title and Records Offices, if any;
3 If not maintained by the Bureau of Indian Affairs, Department of the Interior, a copy of the trust or other deeds to the property or an explanation as to why such documentation does not exist; and 4 If not maintained by the Bureau of Indian Affairs, Department of the Interior, documentation of property ownership.

Dated: November 18, 2021, Washington, DC.
E. Sequoyah Simermeyer, Chairman.
FR Doc. 202125845 Filed 113021; 8:45 am BILLING CODE 756501P

POSTAL REGULATORY COMMISSION
39 CFR Part 3065
Docket Nos. RM20204; Order No. 6047
RIN 3211AA26

Postal Regulatory Commission.
ACTION: Proposed rulemaking.
AGENCY:

The Commission is proposing to add rules which describe instances when letters may be carried out of the mail, or when the letter monopoly does not apply to a mailpiece. The Commission invites public comment on the proposed rule.
DATES: Comments are due: January 3, 2022.
lotter on DSK11XQN23PROD with PROPOSALS1

SUMMARY:

For additional information, Order No. 6047 can be accessed electronically through the Commissions website at https www.prc.gov. Submit comments electronically via the Commissions Filing Online system at http www.prc.gov. Those who cannot submit comments electronically should
ADDRESSES:

16:56 Nov 30, 2021

SUPPLEMENTARY INFORMATION:

Table of Contents I. Relevant Statutory Requirements II. Background III. Basis and Purpose of Proposed Rules IV. Proposed Rules
I. Relevant Statutory Requirements Section 601 of title 39 describes instances when letters may be carried out of the mail, or when the letter monopoly does not apply to a mailpiece. Section 601a sets forth the conditions under which a letter may be carried out of the mail, which include requiring that the letter be enclosed in an envelope, that the proper amount of postage is affixed to the envelope, and that the postage is canceled. 39 U.S.C.
601a. Section 601b provides the price and weight limitations such that the letter monopoly does not apply to letters charged more than six times the current rate for the first ounce of a Single-Piece First-Class Letter or to letters weighing more than 12.5 ounces. 39 U.S.C.
601b1 and 2. Section 601b3
references exceptions from the Postal Service regulations that purported to permit private carriage as in effect on July 1, 2005. 39 U.S.C. 601b3; see also 39 CFR 310.1; 39 CFR 320.2
through 320.8. Section 601c directs the Commission to promulgate any regulations necessary to carry out this section. 39 U.S.C. 601c.
II. Background
Market Dominant Products
VerDate Sep<11>2014

David A. Trissell, General Counsel, at 2027896820.

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The Postal Service has exclusive rights in the carriage and delivery of letters under certain circumstances.1
This letter monopoly is codified in the Private Express Statutes PES, a group of civil and criminal statutes that make it unlawful for any entity other than the Postal Service to send or carry letters.
See 18 U.S.C. 16931699; 39 U.S.C.
601606.2
1 This exclusive right is known as the letter monopoly. The Commission has previously discussed the background and history of the letter monopoly. See Advance Notice of Proposed Rulemaking to Consider Regulations to Carry Out the Statutory Requirements of 39 U.S.C. 601, February 7, 2020 Order No. 5422; 85 FR 8789 Feb.
18, 2020.
2 Although these provisions of the U.S. Code are customarily referred to collectively as the PES, they do not all relate to private expresses or prohibit carriage of letters out of the mails.

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Under the Postal Accountability and Enhancement Act PAEA of 2006,3
Congress added Section 601b3 to authorize the continuation of private activities that the Postal Service had purportedly permitted by regulations to be carried out of the mail.4 Congress gave the Commission the authority to promulgate any regulations necessary to carry out the section. 39 U.S.C. 601c.
On February 7, 2020, the Commission issued Order No. 5422, seeking input from the public about what regulations promulgated by the Commission may be necessary to carry out the requirements of 39 U.S.C. 601. In particular, the Commission sought comments on 14
issues, such as whether the statutory requirements of Section 601 are clear and concise, whether any terms in the statute required further definition, and whether consumers and competitors can easily determine when a mailpiece is subject to monopoly protections. Order No. 5422 at 78.
The Commission received a wide range of comments in response to Order No. 5422, but found it necessary to gather more information before promulgating regulations under Section 601. Thus, the Commission held this docket in abeyance and initiated a public inquiry seeking further input from the public.5 In particular, the Commission sought comments on two issues: 1 Whether Postal Service regulations administering current Sections 601a, 601b1, and 601b2
should be adopted by the Commission;
and 2 what private carrier services are within the scope of Section 601b3.
For both issues, the goal of the Commission was to determine whether it is necessary to clarify the statutory exemptions regarding the letter monopoly. The Commission sought information as to how best to resolve any ambiguities in the application of the exceptions. The Commission also inquired 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.
3 See Postal Accountability and Enhancement Act, Public Law 109435, 120 Stat. 3198 2006.
4 The House Report on the PAEA explains that the clause protects mailers and private carriers who had relied upon the regulations adopted as of the date of the bill. See H.R. Rep. No. 10966, 109th Cong., 1st Sess., pt. 1, at 58 2005 H.R. Rep. No.
10966, at 58.
5 See Order Holding Rulemaking in Abeyance, July 2, 2021 Order No. 5929; Docket No. PI2021
2, Notice and Order Providing an Opportunity to Comment on Regulations Pertaining to 39 U.S.C.
601, July 2, 2021 Order No. 5930; 86 FR 36246
Jul. 9, 2021.

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