39 C.F.R. PART 3002—ORGANIZATION
Title 39 - Postal Service
Authority: 39 U.S.C. 3603; 5 U.S.C. 552.
Editorial Note: Nomenclature changes for Part 3002 appear at 70 FR 48277, Aug. 17, 2005.
This part is published in compliance with 5 U.S.C. 552(a)(1) and constitutes a general description of the Postal Rate Commission. [36 FR 21994, Nov. 18, 1971] (a) Areas of jurisdiction. The Commission has jurisdiction over changes in postal rates and fees under 39 U.S.C. 3622, and over mail classifications under 39 U.S.C. 3623. It issues recommended decisions to the Governors of the Postal Service on these matters. It also acts on postal patrons' appeals from Postal Service decisions to close or consolidate post offices under 39 U.S.C. 404(b). Further, the Commission investigates complaints of substantial national scope concerning postal rates, fees, mail classifications or services under 39 U.S.C. 3662. It also responds to requests of the Postal Service for advisory opinions on changes in the nature of postal services under 39 U.S.C. 3661. Because of the Commission's expertise, Congress occasionally asks it to undertake special studies on postal issues. (b) Public participation. Interested persons may elect to participate in Commission rate and mail classification proceedings as formal intervenors (§3001.20), limited participators (§3001.20a), or commenters (§3001.20b). Interested parties who believe the Postal Service is charging rates which do not conform with the policies of the Postal Reorganization Act, or who believe that they are not receiving postal service in accordance with the policies of title 39, may lodge a complaint with the Commission under section 3001.82. Persons served by post offices that the Postal Service decides to close or consolidate with other post offices may appeal such determinations under §3001.111. [64 FR 58337, Oct. 29, 2000] (a) The Commissioners. The Postal Rate Commission is an independent establishment of the executive branch of the U.S. Government created by the Postal Reorganization Act (84 Stat. 719, title 39, U.S.C.). The Commission consists of five Commissioners appointed by the President and confirmed by the Senate, one of whom is designated as Chairman by the President. (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 Commision 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. On these premises, the Commission maintains offices for Commissioners and the staff components described in §§3001.4, 3001.5, 3001.6 and 3001.7; a docket room where documents may be filed with the Commission pursuant to §3001.9 and examined by interested persons; a public reading room where the Commission's public records are available for inspection and copying; a library containing legal and technical reference materials; 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 website at www.prc.gov. [48 FR 13167, Mar. 30, 1983. Redesignated and amended at 64 FR 58337, Oct. 29, 1999] (a) The incumbent head of the office is responsible for exercising two executive functions of the Commission and utilizes the title of either “Secretary” or “Chief Administrative Officer”, as appropriate. (b) As Secretary of the Commission, the incumbent head shall have custody of the Commission's seal, the minutes of all action taken by the Commission, its rules and regulations, its administrative and other orders, and records. 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. (c) As Chief Administrative Officer the incumbent head is also responsible, subject to the policy guidelines of the Commission, for: Development, implementation, and administration of the Commission's financial management system and accounting activities including those relating to the budget and the payroll; development and administration in conjunction with the Personnel Officer of a personnel program designed to meet the needs of the Commission and its employees; development and administration, subject to the supervision of the Chairman, of a public information program appropriate to the agency mission; provision of facilities and operating and support services essential to the efficient and effective conduct of operations; acquisition, planning and assignment of office space; procurement and supply; serving as the contracting officer for the Commission and controlling the obligation of Commission funds, as authorized by the Commission. (d) The personnel management functions set out above are the immediate responsibility of the Personnel Officer, whose position is located in the Administrative Office. (e) The Administrative Office is also responsible for the maintenance of the Commission's public information resources, including the docket room, the physical reading room, and the library on the premises of the Commission's offices, as well as the electronic reading room accessible on the Commission's website at www.prc.gov. The information available on the Commission's website is, in general, coextensive with that available from the Commission's docket room and physical reading room, and includes: Commission decisions, rules, orders and notices; testimony, pleadings and reference materials filed in Commission proceedings; and current information concerning Commission activities, employment opportunities, and a calendar of upcoming events. [48 FR 13167, Mar. 30, 1983. Redesignated and amended at 64 FR 58337, Oct. 29, 1999] (a) The Office of Rates, Analysis, and Planning is responsible for technical (as opposed to legal) analysis and the formulation of policy recommendations for the Commission. (b) This office provides the analytic support to the Commission for reviewing the record of rate and classification requests, 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 the operational characteristics. (c) These functional activities are combined in the evaluation of the revenue requirements of the Postal Service under possible alternative operating circumstances for the purpose of developing rate structures. They are also used to evaluate the impact of various proposed changes to the Domestic Mail Classification Schedule and the consequences of these changes upon the mailers and upon the revenue requirements and rate structure of the Postal Service. (d) The office 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. [48 FR 13168, Mar. 30, 1983, as amended at 62 FR 45530, Aug. 28, 1997. Redesignated at 64 FR 58337, Oct. 29, 1999] The General Counsel directs and coordinates the functions of the Office of the General Counsel and is directly responsible for the counseling and advisory services set forth in 39 CFR 3000.735–203. In accordance with §3001.8 of the rules of practice, the General Counsel does not appear as an attorney in hearings in any proceeding before the Commission and takes no part in the preparation of evidence or argument presented in such hearings. The General Counsel represents the Commission in court proceedings and performs legal research on issues coming before the Commission; advises the Commission on the legal aspects of proposed legislation and rulemaking, the legal aspects of proposed action and policies on procurement, contracting, personnel matters, and other internal legal questions. [48 FR 13168, Mar. 30, 1983] (a) The Office of the Consumer Advocate provides representation for the interests of the general public in Commission proceedings. The office prepares and litigates before the Commission legal and evidentiary presentations in all formal Commission dockets under chapter 36 of title 39, U.S. Code. It also is responsible for maintaining a continuing litigation capability including preparation for consideration of issues likely to reflect the interests of the general public in subsequent proceedings. (b) The head of this office is responsible for directing both legal and technical personnel to fulfill its functions. The office includes both litigation attorneys and a broad spectrum of technical expertise to analyze and evaluate the diverse economic, cost and market issues before the Commission. During the pendency of a proceeding, personnel serving in the Office of the Consumer Advocate are prohibited from participating or advising as to any intermediate or Commission decision in that proceeding pursuant to the Commission Rules of Practice. (c) A mission statement regarding the Office of the Consumer Advocate is contained as appendix A to this part. [48 FR 13168, Mar. 30, 1983, as amended at 64 FR 37402, July 12, 1999] (a) Authority. The Seal described in this section is hereby established as the official seal of the Postal Rate Commission. (b) Description. (1) On a white disc within a blue border with inner and outer rims gold and inscribed at top POSTAL RATE COMMISSION and in base, between two small five-pointed stars, 1970, all in gold, the shield of the coat of arms in full color blazoned as follows:
Five blue stars on a white stripe running from the upper left to the lower right of the shield, with three white billets on each of the upper and lower sections of the shield, the former blue and the latter red. (2) The official seal of the Postal Rate Commission is modified when reproduced in black and white and when embossed, as it appears in this section. (c) Custody and authorization to affix. (1) The seal is the official emblem of the Postal Rate Commission and its use is therefore 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 Rate 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. [39 FR 2481, Jan. 22, 1974. Redesignated at 42 FR 3646, Jan. 19, 1977, and 48 FR 13168, Mar. 30, 1983] The mission of the Office of the Consumer Advocate is to be a vigorous, responsive, and effective advocate for reasonable and equitable treatment of the general public in proceedings before the Postal Rate Commission. In furtherance of this mission, the Office of the Consumer Advocate will: 1. Give a strong and consistent voice to the views of consumers, especially those that are not otherwise represented in Commission proceedings; 2. Argue for equity on behalf of individuals and small businesses, both as senders and as recipients of mail and mail services; 3. Utilize all means and procedures available under the Commission's rules and applicable law to present evidence and arguments on behalf of consumers in Commission proceedings; 4. Assist in the development of a complete record on issues pending before the Commission; 5. Engage in dialogue with parties or participants in proceedings before the Commission to advance the interests of consumers; 6. Encourage the equitable settlement of issues among the parties and participants in proceedings whenever possible; 7. Promote fair competition between the United States Postal Service and its competitors for the ultimate benefit of consumers; 8. Seek out responsible advocates of consumer interests and encourage their participation in Commission cases; 9. Maintain the highest standards of competence and quality in all evidence and pleadings submitted to the Commission; and 10. Maintain separation and independence from the Commission and its advisory staff in the course of proceedings before the Commission. [64 FR 37402, July 12, 1999]
Title 39: Postal Service
PART 3002—ORGANIZATION
Section Contents
§ 3002.1 Purpose.
§ 3002.2 Statutory functions.
§ 3002.3 The Commission and its offices.
§ 3002.4 Administrative Office.
§ 3002.5 Office of Rates, Analysis, and Planning.
§ 3002.6 Office of the General Counsel.
§ 3002.7 Office of the Consumer Advocate.
§ 3002.8 Official seal.
Appendix A to Part 3002—Postal Rate Commission, Mission Statement of the Office of the Consumer Advocate
§ 3002.1 Purpose.
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§ 3002.2 Statutory functions.
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§ 3002.3 The Commission and its offices.
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§ 3002.4 Administrative Office.
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§ 3002.5 Office of Rates, Analysis, and Planning.
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§ 3002.6 Office of the General Counsel.
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§ 3002.7 Office of the Consumer Advocate.
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§ 3002.8 Official seal.
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Appendix A to Part 3002—Postal Rate Commission, Mission Statement of the Office of the Consumer Advocate
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