23776 
Fedor*:! Register / Vol. 53 No. 
/ Fridry. Jure 24. 1^0 / Proposed Rides 
enclosed in a sealed nonpermeable 
outer container, which may also sen e 
as the shipping container. 
.382 Marking 
a. The outer containers must be 
marked to identify the contents and bear 
the arldra? scs of the sender and 
addressee. Any package containing 
material which requires an Etioir.gic 
Agent/Cionedical Material label under 
Department of Transportation and 
Department of Health end Human 
Sendees regulations, is nonmailable. 
.An appropriate amendment to 39 CFR 
1114 to refect these changes will le 
published if the proposal is adopted. 
Fred Ej^li-stcn. 
Ass.sior.: Genera! Counsel. legislative 
Division. 
|FH Doc 88-t4303 Filed 6-23-88. 8:45 cm] 
billing coc-s 
POSTAL RATE COMMISSION 
29 CFR Fart 2001 
I Docket No. RM8B-2; Ord-r Ko. 750] 
Petition of Postal Service for Express 
Mail Rulemaking. 138E; Order 
Instituting Rulemaking 
Usued Jane ie. 1388 . 
Before Commissioners: Jcnet D. S'eij.trr. 
Chairman: Fatti Birge Tyson. Vice-Chairman; 
John VV. Crutcher Henry R. Folsom: VV.H. 
“Trey" LeBlanc. UL 
ACEwCY; Postal Rate Commission. 
action: Petition for rulemaking: 
institution of proceeding. 
suuKcav: Tne Commission, pursuur.. to 
a peti, ion filed by the Postal Service, has 
decided to institute a rJeimikmg to 
consider amendments to its rules of 
practice and procedure concerning 
Postal Service requests to change 
Express Mail rates. The Postal Service 
bus proposed amendments that could 
permit very expedited consideration of 
requests for Express Mail rate changes 
when the Postal Service wishes to 
change those rates in a period between 
omnibus rate cases for the puipose of 
responding to changes in the expedited 
delivery market 
address; Correspondence should be 
sent to the Secretary of the Commission. 
1333 H Street NW.. Suite 3C0. 
Wdshing'on. DC 2C2f>8 (telephone 202/ 
739-6540). 
FOR FURTHER INFORMATION CONTACT; 
Charles I- Clapp. Secretary of the 
Commission. 1333 H Street NW, 
Washington. DC 2Q2S8 [telephone 202 / 
7«MK^0). 
On April 29. 1S83. the Portal Service 
filed a petition requesting the 
Commission to initiate a rulemaking to 
amend the Commission’s filing and 
procedural requirements as they relate 
to Postal Service requests to adjust 
Express Mail rates. Under the Postal 
Service s request, the proposed rules of 
practice and procedure could be used 
between omnibus rate esses — and only 
for the purpose of attempting to meet 
changes in the expedited delivery 
mark et initiated by competitor* of 
Express Mail. When it filed its petition, 
the Postal Service also filed specific 
language for the proposed rules. The 
Postal Service also presented prepared 
testimony which discusses Express Mail 
and its role in the expedited delivery 
market as well as the perceived need for 
the amendments to our rJes of practice 
and procedure. 
Cn May 6. 1938. the Commission 
issued Order No. 784 (53 FR 16GS5-86 
(May 12. 1933)) which described the 
Pos,a! Service's filing and invited 
comments on the desirability of 
instituting a rulerr.ak ing in response to 
it. Comments were due June 13. 1S83. 
A number of thoughtful comments 
were submitted, raising questions 
concerning whether the proposed rules 
drafted by the Postal Service were 
incompatible with one or more of Lhe 
statutory’ requirements applicable to 
postal rate changes. 1 Review of these 
comments makes clear that special rules 
applicable for expeditions !y considering 
proposed rate reductions to meet 
compctiton would have to be carefully 
drawn: but we can not conclude a! this 
point that such an endeavor is 
impossible or inherently inconsistent 
with the existing statutory framework. 
The issue before us is whether to 
initiate a rulemaking dccket to consider 
both the underlying situation which led 
to the Postal Service requrst. ana the 
specific proposal presented by the 
Service. We have decided to establish 
such a docket. The ability of the Service 
to respond to direct competition in a 
changing market and the proper role of 
the Commission in rev iewing rate: for 
services sub ject to competition are 
import 2 nt issues. Our inquiry will 
examine whether rides such as these 
suggested by the Postal Service are 
necessary cr likely to be useful; and if 
so. whether the previsions suggested by 
the Service or seme as yet unstated 
1 Corr.ner.ls uf American N'ev.i. jpc Publishers 
A^siKsalion. .it Z— 4: Ccm.w— : o, Hcrte-Han'cs 
Dirrci Marketing 'Southern Califorrii in Respon»e 
to Coc.niMion O.-Jer No. Thi at 1. Comment* of 
Fjierul Express Corpora nur. in Response to 
ConTMiou Oiecr No 7B4. a' l. 4. 5. 7-S. 11: awl 
Co— Tier's of Ur: ted. Tan Se-ic? ;r. P-.^pmrc !o 
Covin-'-.ior Omer X’o- "M. p-M.n. 
alternatives are beet able tc achieve the 
needed balance between expedition, 
fairness, and procedural due process. 
We are directing the Director-of the 
Office of the Consumer Advocate. 
Stephen A. Cold, to participate in all 
phases of this proceeding in accordance 
with his responsibilities under 39 CFR 
3002.7 and Tart 3002. Appendix A. 
including the presentation of issues and 
supporting materials where appropriate. 
Order No. 794 scheduled a conference 
on the Pcstai Service petition to take 
place on June 21. At that conference 
interested parties are invited to 
comment on procedures for evaluating 
the legality of the need for any new 
rules applicable to Express Mail rate 
reductions. In particular, parties are 
requested to be prepared to discuss the 
feasibility of addressing these two 
topics in separate, but parallel stages. 
The Commission Orders 
(A) A rulemaking is instituted to 
consider the Postal Service's request for 
amendments to the Commission’s rules 
of practice and procedure regarding 
requests for changes in Express Mail 
rates between omnibus rete 
proceedings. 
(B) The Cffre of Consumer Advocate 
is designated as participant in this 
rulemaking. 
(C) The Secretary shall publish this 
Notice and Order in the Federal 
Register. 
By the Commission. 
Charles L Clapp. 
Secretory. 
(FR Doc. 88-14325 Filed 6-23-88: 3:45 am] 
BILLING COC* 7715-51-14 
FEDERAL MARITIME COMMISSION 
46 CFR Part £81 
[Dccket No. 58-16J 
Sen/ice Contracts; Correction cT 
Errors 
agency: Federal Maritime Commission. 
action: Proposed rule. 
sumkary: The Federal Maritime 
Commission pioposes to amend its 
service contract regulations to permit 
the correction cf clerical cr 
administrative errors in a sendee 
contract’s esser.tijl terms. 
dates: Comments due on or before July 
25. 1933. 
address: Comments (original and 15 
copies) to: Joseph C. Polking. Secretary, 
federal Maritime Commission. 1100 L 
[385] 
Recombinant DNA Research, Volume 13 
