[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Proposed Rules]
[Pages 55504-55505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25994]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2010-3; Order No. 321]
Periodic Reporting Rules
AGENCY: Postal Regulatory Commission.
ACTION: Proposed rulemaking; availability of rulemaking petition.
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SUMMARY: This document announces a proposed rulemaking in response to a
recent Postal Service petition involving periodic reporting rules. The
petition, which is the twenty-first in a recent series, addresses the
Postal Service's request to prepare annual compliance reports using
only the pro forma adjustment financial results.
DATES: Comments are due November 2, 2009.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov. Commenters who cannot submit their
views electronically should contact the person identified in FOR
FURTHER INFORMATION CONTACT by telephone for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or [email protected].
SUPPLEMENTARY INFORMATION: Prior to September 30, 2009, section 103 of
the Postal Accountability and Enhancement Act (PAEA) required the
Postal Service to pay $5.4 billion each year into the Postal Service
Retiree Health Benefit Fund. Public Law 109-435, 120 Stat. 3251 (2006).
On September 30, 2009, Congress adopted the 2010 Continuing
Appropriations Resolution, which, among other things, reduced the
payment due on September 30, 2009 from $5.4 billion to $1.4 billion.
Legislative Branch Appropriations Act, 2010, Public Law 111-068. It
made the revision retroactive by directing that it take effect as if it
had been part of the enactment of section 803(a)(1)(B) of the PAEA in
2006.
The President did not sign the 2010 Continuing Appropriations
Resolution until the following day, October 1, 2009. According to
Generally Accepted Accounting Principles (GAAP), books of account are
closed on the last day of the fiscal year. Therefore, under GAAP, the
relief contained in the continuing resolution cannot be reflected in
the Postal Service's financial accounts for FY 2009.
In an effort to both comply with GAAP, and with the intent of
Congress to relieve the Postal Service from $4 billion in health care
funding obligations covering the 2009 fiscal year, the Postal Service
anticipates filing audited financial statements for both FY 2009 and FY
2010 that present results according to GAAP, but add a column showing a
pro forma adjustment of those results which would show the $4 billion
reduction in health care obligation taking effect in FY 2009, rather
than FY 2010. The Postal Service provided suggested language in its
filing which can be accessed via the Commission's Web site: http://www.prc.gov/Docs/65/65273/Pet.Prop.21.PSRHBF.Accntng.pdf.
On October 20, 2009, the Postal Service filed a Petition with the
Commission asking it to amend its periodic reporting rules to allow the
Postal Service to prepare the annual compliance reports that it
provides to the Commission each year using only the pro forma
results.\1\ It argues that the pro forma results would better serve the
regulatory goals of the Commission because they would more accurately
reflect its actual financial condition, and would make its financial
reporting to the Commission consistent with the treatment that it
anticipates the Office of Personnel Management and the Office of
Management and Budget will apply to the Postal Service's finances in
preparing the Federal budget. Id. at 5.
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\1\ Petition of the United States Postal Service Requesting
Authorization to Utilize Pro Forma Accounting Data in Periodic
Reporting (Proposal Twenty-One), October 20, 2009 (Petition).
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The Postal Service asks the Commission to process its proposed
change in analytic principles expeditiously. It notes that it is
required to submit all of its FY 2009 financial results to the
Government Financial Reporting System by November 16, 2009. It states
that it will require significant lead time to prepare those materials.
It expresses the hope that meeting this timeline will be made feasible
by what it believes to be the narrowness of the issue that its proposal
presents. Id. at 6.
Because of the need for expedition described above, the Commission
will require that public comments be submitted by November 2, 2009. The
Commission anticipates that it may set an effective date for any
proposed change to its periodic reporting rules resulting from this
proceeding that is less than the 30-day period normally required for
substantive rules considered under 5 U.S.C. 553.\2\
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\2\ 5 U.S.C. 553(d)(3) allows substantive rules considered under
5 U.S.C. 553 to take effect in less than 30 days from the date that
the rule is approved for ``good cause found and published with the
rule.''
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It is ordered:
1. The Commission establishes Docket No. RM2010-3 to consider the
matters raised by the Petition of the United States Postal Service
Requesting Authorization to Utilize Pro Forma Accounting Data in
Periodic Reporting (Proposal Twenty-One).
2. Interested persons may submit initial comments on or before
November 2, 2009.
3. The Commission will determine the need for reply comments after
review of the initial comments.
4. R. Kevin Harle is designated to serve as the Public
Representative representing the interests of the general public in this
proceeding.
5. The Secretary shall arrange for publication of this notice in
the Federal Register.
Authority: 39 U.S.C. 3652.
[[Page 55505]]
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-25994 Filed 10-27-09; 8:45 am]
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