39 C.F.R. § 3001.69b Expedited minor classification cases—expedition of procedural schedule.
Title 39 - Postal Service
(a) The purpose of this section is to provide a schedule for expediting proceedings in which the Postal Service requests that the Commission recommend a change in mail classification and expedite consideration of that request on the ground that the change is minor in character. (b) Persons who are interested in participating in proceedings to consider Postal Service requests for minor changes in mail classification may intervene pursuant to §3001.20. Parties may withdraw from a particular case by filing a notice with the Secretary of the Commission. (c) When the Postal Service files a request under the provisions of §§3001.69 through 3001.69c, it shall comply with the standard Filing Online procedures of §§3001.9 through 3001.12. (d) When the Postal Service files a request under the provisions of §§3001.69 through 3001.69c, it shall on that same day file a notice that briefly describes its proposal. This notice shall indicate on its first page that it is a notice of a request for a minor change in mail classification to be considered under §§3001.69 through 3001.69c, and identify the last day for filing a notice of intervention with the Commission. (e) Within 5 days after receipt of a Postal Service request invoking the operation of §§3001.69 through 3001.69c, the Commission shall issue a notice of proceeding and provide for intervention by interested parties pursuant to §3001.20. The notice of proceeding shall state that the Postal Service has denominated the mail classification change it requests a minor change, and has requested expedited consideration pursuant to §§3001.69 through 3001.69c. The notice shall further state the grounds on which the Postal Service submits that the requested change in mail classification is minor in character, and shall afford all interested parties 26 days after filing of the Postal Service's request within which to intervene, submit responses to the Postal Service's request for consideration of its proposed mail classification change under the terms of §§3001.69 through 3001.69c, and request a hearing. (f) Within 28 days after publication of the notice of proceeding pursuant to subsection (e), the Commission shall decide whether to consider the request of the Postal Service as a minor classification change request under §§3001.69 through 3001.69c, and shall issue an order in the proceeding incorporating that ruling. The Commission shall order a request to be considered under §§3001.69 through 3001.69c if it finds that: (1) The requested classification change is minor in character, and (2) The effects of the requested change are likely to be appropriately limited in scope and overall impact. (g) If the Commission determines that the request of the Postal Service is not appropriate for consideration as a minor classification change request, no further procedures under §§3001.69 through 3001.69c shall be ordered, and the request will be considered in accordance with other appropriate provisions of Subpart C of this part. (h) If the Commission determines that the Postal Service request is appropriate for consideration under §§3001.69 through 3001.69c, those respondents who request a hearing shall be directed to state with specificity within 14 days after publication of the notice the issues of material fact that require a hearing for resolution. Respondents shall also identify the fact or facts set forth in the Postal Service's filing that the party disputes, and when possible, what the party believes to be the true fact or facts and the evidence it intends to provide in support of its position. (i) The Commission will hold hearings on a Postal Service request which is considered under §§3001.69 through 3001.69c when it determines that there are genuine issues of material fact to be resolved, and that a hearing is needed to resolve those issues. Hearings on the Postal Service request will commence within 21 days after issuance of the Commission order pursuant to subsection (f). Testimony responsive to the Postal Service request will be due 14 days after the conclusion of hearings on the Postal Service request. [66 FR 54440, Oct. 29, 2001, as amended at 68 FR 12590, Mar. 17, 2003]
Title 39: Postal Service
PART 3001—RULES OF PRACTICE AND PROCEDURE
Subpart C—Rules Applicable to Requests for Establishing or Changing the Mail Classification Schedule
§ 3001.69b Expedited minor classification cases—expedition of procedural schedule.
