S.Amdt. 2011

1. Rewrites section 208

   Replaces

   In S. 1789 · Reported to Senate

   Struck: SEC. 208. PUBLIC PROCEDURES FOR SIGNIFICANT CHANGES TO MAILING SPECIFICATIONS.

   Struck: (a) Notice and Opportunity for Comment Required.--Effective on the date on which the Postal Service issues a final rule under subsection (c), before making a change to mailing specifications that could pose a significant burden to the customers of the Postal Service and that is not reviewed by the Commission, the Postal Service shall--

   Struck: (1) publish a notice of the proposed change to the specification in the Federal Register;

   Struck: (2) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days;

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   Struck: (3) after considering any comments submitted under paragraph (2) and making any modifications to the proposed change that the Postal Service determines are necessary, publish--

   Struck: (A) the final change to the specification in the Federal Register;

   Struck: (B) responses to any comments submitted under paragraph (2); and

   Struck: (C) an analysis of the financial impact that the proposed change would have on--

   Struck: (i) the Postal Service; and

   Struck: (ii) the customers of the Postal Service that would be affected by the proposed change; and

   Struck: (4) establish an effective date for the change to mailing specifications that is not earlier than 30 days after the date on which the Postal Service publishes the final change under paragraph (3).

   Struck: (b) Exception for Good Cause.--If the Postal Service determines that there is an urgent and compelling need for a change to a mailing specification described in subsection (a) in order to avoid demonstrable harm to the operations of the Postal Service or to the public interest, the Postal Service may--

   Struck: (1) change the mailing specifications by--

   Struck: (A) issuing an interim final rule that--

   Struck: (i) includes a finding by the Postal Service that there is good cause for the interim final rule;

   Struck: (ii) provides an opportunity for the submission of written comments on the interim final rule for a period of not less than 30 days; and

   Struck: (iii) establishes an effective date for the interim final rule that is not earlier than 30 days after the date on which the interim final rule is issued; and

   Struck: (B) publishing in the Federal Register a response to any comments submitted under subparagraph (A)(ii); and

   Struck: (2) waive the requirement under paragraph (1)(A)(iii) or subsection (a)(4).

   Struck: (c) Rules Relating to Notice and Comment.--

   Struck: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Postal Service shall issue rules governing the provision of notice and opportunity for comment for changes in mailing specifications under subsection (a).

   Struck: (2) Rules.--In issuing the rules required under paragraph (1), the Postal Service shall--

   Struck: (A) publish a notice of proposed rulemaking in the Federal Register that includes proposed definitions of the terms "mailing specifications" and "significant burden";

   Struck: (B) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days; and

   Struck: (C) publish--

   Struck: (i) the rule in final form in the Federal Register; and

   Struck: (ii) responses to the comments submitted under subparagraph (B).

   Inserted: SEC. 208. FREQUENCY OF MAIL DELIVERY.

   Inserted: Section 101 of title 39, United States Code, is amended by adding at the end the following:

   Inserted: "(h) Nothing in this title or any other provision of law shall be considered to prevent the Postal Service from taking whatever actions may be necessary to provide for 5-day delivery of mail and a commensurate adjustment in rural delivery of mail, subject to the requirements of section 3661.".

   Original wording

   Strike section 208 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed