Postal Rate and Fee Changes, 27436-27440 [E6-7218]
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Proposed Rules
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§ 165.T09–025 Safety Zone; TCF Bank
Milwaukee Air Expo Milwaukee, Wisconsin.
(a) Location. The following area is a
Safety Zone: All waters within the
following coordinates: starting at
43°01.606′ N, 087°53.041′ W; then
northeast to 43°03.335′ N, 087°51.679′
W; then northwest to 43°03.583′ N,
087°52.265′ W; then going southwest to
43°01.856′ N, 087°53.632′ W; then
returning back to point of origin. These
coordinates are based upon North
American Datum 1983.
(b) Effective Dates and Times. This
safety zone is effective from 1 p.m.
(local) on July 14, 2006 through 5 p.m.
on July 17, 2006. This safety zone will
be enforced between the hours of 1 p.m.
(local) to 5 p.m. (local) on July 14
through 17, 2006. The Captain of the
Port Lake Michigan or the on scene
Patrol Commander may terminate this
event at anytime.
(c) Regulations. In accordance with
the general regulations in section 165.23
of this part, entry into this zone is
subject to the following requirements:
(1) This safety zone is closed to all
marine traffic, except as may be
permitted by the Captain of the Port or
his duly appointed representative.
(2) The ‘‘duly appointed
representative’’ of the Captain of the
Port is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan, to act on his behalf. The
representative of the Captain of the Port
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter
or operate within the Safety Zone shall
contact the Captain of the Port or his
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the Safety Zone
shall comply with all directions given to
them by the Captain of the Port or his
representative.
(4) The Captain of the Port may be
contacted by telephone via the Sector
Lake Michigan Operations Center at
(414) 747–7182 during working hours.
Vessels assisting in the enforcement of
the Safety Zone may be contacted on
VHF–FM channels 16 or 23A. Vessel
operators may determine the restrictions
in effect for the safety zone by coming
alongside a vessel patrolling the
perimeter of the Safety Zone.
(5) Coast Guard Sector Lake Michigan
will issue a Marine Safety Information
Broadcast Notice to Mariners to notify
the maritime community of the Safety
Zone and restriction imposed.
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Dated: April 26, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. 06–4393 Filed 5–10–06; 8:45 am]
BILLING CODE 4910–15–M
POSTAL RATE COMMISSION
39 CFR Part 3001
[Order No. 1464; Docket No. R2006–1]
Postal Rate and Fee Changes
Postal Rate Commission.
Notice and order in omnibus
rate filing.
AGENCY:
ACTION:
SUMMARY: This document informs the
public that the United States Postal
Service has filed a request for a decision
on proposed changes in essentially all
domestic postage rate and fee changes,
along with proposed classification
changes. It identifies several procedural
steps the Commission has taken in
response to the filing. The request
reflects a system-wide average increase
of 8.5 percent; however, there are
limited (and in some instances,
significant) exceptions.
DATES: 1. May 31, 2006: deadline for
interventions, answers to motion for
waiver and for protective conditions. 2.
June 5, 2006: Deadline for answer to
motion for waiver of rules regarding
certain library references, and answer to
motion concerning Forever Stamp. 3.
June 7, 2006: Deadline for statements
identifying topics for prehearing
conference. 4. June 16, 2006: Prehearing
conference.
ADDRESSES: File notices of intervention
and other documents electronically via
the Commission’s Filing Online system
at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharman, General Counsel,
202–789–6820.
SUPPLEMENTARY INFORMATION:
I. Introduction
Public notice. This order provides
notice to the public that on May 3, 2006,
the United States Postal Service (Postal
Service or Service) filed a formal
Request with the Postal Rate
Commission (Commission) for a
recommended decision on proposed
changes in domestic postage rates, fees
and classifications.1 The Request was
1 Request of the United States Postal Service for
a Recommended Decision on Changes in Rates of
Postage and Fees for Postal Services, May 3, 2006
(Request).
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accompanied by several
contemporaneous notices and motions.
The Service filed the Request
pursuant to chapter 36 of title 39,
United States Code, based on its
determination that such changes would
be in the public interest and in
accordance with policies of that title.
The filing of the Request triggers a
statutory process mandated by 39 U.S.C.
3624. This process involves an
opportunity for public hearings on the
Service’s proposals. It also requires
issuance of the Commission’s
recommended decision within 10
months of the date of the Service’s
filing.
II. Establishment of Formal Docket
Establishment of formal docket. The
Commission hereby institutes a
proceeding under 39 U.S.C. 3622 and
3623, designated as Docket No. R2006–
1, Postal Rate and Fee Changes, to
consider the instant Request. In the
course of consideration, participants
may propose alternatives to the
Service’s proposals, the Commission
may propose certain classification
changes, and the Service may revise,
supplement, or amend its filing. The
Commission’s review of the Request,
including any revisions or alternatives
(including full or partial settlement
proposals), may result in
recommendations that differ from
proposed rates, fees and classification
changes.
This notice apprises the public of the
Service’s Request, of the overall
magnitude and scope of the Request,
and of the institution of a formal
proceeding. It does not address or
review all aspects of the filing, which is
comprehensive and complex; therefore,
interested persons are urged to carefully
review the filing to determine its impact
on aspects of postal rates, fees and
classifications that may be of interest to
them.
Availability; Web site posting. The
Commission has posted the Service’s
Request and most related or supporting
material on its Web site at https://
www.prc.gov. Additional Postal Service
filings in this case and participants’
submissions also will be posted on the
Web site, if provided in electronic
format or amenable to conversion, and
not subject to a valid protective order.
Information on how to use the
Commission’s Web site is available
online or by contacting the
Commission’s Webmaster via telephone
at 202–789–6873 or via electronic mail
at prc-webmaster@prc.gov.
The Service’s Request and related
documents are also available for public
inspection in the Commission’s docket
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average increase of 8.5%. Id. at 9. In
certain instances, percentage increases
for individual classes and subclasses of
mail and Special Services vary
considerably from that average. These
departures from the system-wide
average are often due to rate design
changes, such as the proposed
introduction of shape-based rates.
First-Class stamp price. The price of
the First-Class stamp for a single-piece
one-ounce letter—traditionally the
Postal Service’s flagship offering and the
product most familiar to the general
public—increases by 3 cents under the
Service’s proposal, thereby going from
the current rate of 39 cents to 42 cents.
The rate for each additional ounce of
single-piece First-Class Mail (through 13
ounces) decreases by 4 cents, going from
the current rate of 24 cents to 20 cents.
Defining features. The Service’s
Request is marked by two defining
features. One is a return to the
traditional approach to postal
ratemaking, which entails a process
which results in the percentage increase
for any given class or service being
arrived at as a result of application of
the factors of 39 U.S.C. 3622, rather than
through application of a generally
uniform ‘‘across the board’’ percentage.3
The other feature is the incorporation of
extensive proposed rate design and
classification changes based on new (or
substantially updated) cost studies;
other new data and information; policy
considerations; and important
assumptions about the mailing
environment, including the evolving
postal network.
The Service’s summary of percentage
changes in proposed rates relative to
current rates provides the following
information:
Percent
section. Docket section hours are 8 a.m.
to 4:30 p.m., Monday through Friday,
except on federal government holidays.
Docket section personnel may be
contacted via electronic mail at prcdockets@prc.gov or via telephone at
202–789–6846.
Paper copies. Intervenors’ options for
obtaining paper copies of the Docket No.
2006–1 filing from the Postal Service are
described in the Notice of the United
States Postal Service Regarding
Availability and Distribution of Paper
Copies of the Postal Service’s Direct
Case, May 3, 2006.
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III. Overview of the Service’s Filing
Contents. The Service’s Docket No.
R2006–1 filing includes its formal
Request (with seven attachments); 47
pieces of testimony (along with related
exhibits) presented by 41 witnesses; and
133 library references.2 The Service
notes that it anticipates supplementing
its Request during the course of this
proceeding with testimony on a
proposal referred to as the ‘‘Forever
Stamp,’’ which mainly affects senders of
single-piece one-ounce First-Class Mail.
See Motion of the United States Postal
Service for Partial Waiver or Suspension
of Commission Rules Specifying
Materials to be Filed in Support of its
Request for Changes in Postal Rates and
Classifications, May 3, 2006 (Motion
Concerning Forever Stamp).
Test year; contingency; key
projections. The Postal Service operates
under a breakeven constraint pursuant
to controlling law and, under
Commission rules, generally relies on a
future test year for ratemaking purposes.
The Service proposes using fiscal year
2008 as the test year in its Request, and
makes various projections based on that
choice. In particular, it projects that it
will incur a net revenue deficiency of
$5.874 billion in the test year under
existing rates. It projects that its
proposed set of rates and fees would
generate additional revenues of $3.983
billion, resulting in a test year revenue
deficiency of $0.8 million. USPS–T–47
at 9. The filing assumes a contingency
of 1 percent. USPS–T–6 at 62.
System-wide average increase. The
Service’s Request reflects a system-wide
2 The Service has prepared, but withheld, one
library reference (USPS–LR–L–35) pending
resolution of a request for protective conditions. See
Motion of United States Postal Service for Waiver
and for Protective Conditions for Library Reference
that Includes Costs and Other Data Associated with
the FedEx Transportation Agreement, May 3, 2006
(FedEx Waiver Motion). See also USPS–LR–L–133
(Redacted Addendum to FedEx Transportation
Contract.) Note: The Service’s library reference
count includes some library references that have
been reserved by number, with contents expected
to be filed later.
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Percent
First-Class Mail:
Letters and Sealed Parcels ........
Cards ...........................................
Priority Mail .....................................
Express Mail ...................................
Periodicals:
Within-County ..............................
Outside County ...........................
Standard Mail:
Regular ........................................
Nonprofit ......................................
Enhanced Carrier Route .............
Nonprofit
Enhanced
Carrier
Route .......................................
Package Services:
Parcel Post ..................................
Bound Printed Matter ..................
Media Mail ...................................
Library Rate ................................
7.0
10.6
13.8
12.5
24.4
11.4
9.6
9.5
8.6
9.1
13.7
11.9
18.0
18.4
3 The ‘‘across the board’’ approach was used in
the two most recent omnibus cases.
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Total All Mail ............................
8.5
USPS–T–31, Exh. USPS–31D.
Special Services. Percentage changes
vary widely for Special Services. A
summary of proposed cost coverages for
Special Services appears at USPS–T–31,
Exh. USPS–31B. Detailed development
of the proposed fee levels and
discussion of other aspects of the filing
affecting Special Services is provided in
USPS–T–39; USPS–T–40; and USPS–T–
41.
IV. ‘‘Roadmap’’ Testimony and Master
List of Library References
Witness Davis (USPS–T–47) presents
‘‘roadmap’’ testimony in compliance
with Commission rule 53(b), that
provides an overview of the Service’s
filing. It describes the subject matter of
each witness’s testimony; explains the
inter-relationship between and among
the testimonies; describes changes in
cost methodology, volume estimation,
and rate design relative to the
Commission’s approach in Docket No.
R2005–1; and identifies each witness
who addresses any material
methodological change. Witness Davis’s
testimony also includes two
attachments: Roadmap Testimony Quick
Reference Guide (Attachment 1) and
Postal Testimony Flowchart
(Attachment 2). A master list of library
references appears in Notice of the
United States Postal Service of Filing of
Master List of Library References, May
3, 2006.
Witness O’Hara (USPS–T–31)
addresses rate policy. His testimony
presents proposed cost coverages (rate
levels) for each subclass and addresses
the consistency of these coverages with
applicable Postal Reorganization Act
criteria.
V. Attachments to the Request
Attachment A, Requested Changes in
Rates and Fees, and Attachment B,
Proposed Changes to Domestic Mail
Classification Schedule, identify
changes that would be required if the
Service’s proposals are adopted.
Attachment C, Specification of the
Rules, Regulations, and Practices that
Establish Standards of Service and
Conditions of Mailability, addresses
Commission rule 54(b)(2), by
designating the contents of the Domestic
Mail Manual (DMM) as the source of
such rules, regulations and practices,
and provides a copy of the table of
contents of the DMM (updated as of
April 13, 2006). The DMM in its entirety
is available for review on the Postal
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Service’s Web site at https://
www.USPS.gov.
Attachment D is a certification, filed
pursuant to Commission rule 54(p),
attesting to the accuracy of cost
statements and other documentation
submitted with the Request. Attachment
E presents the Audited Financial
Statements for Fiscal Year 2005, as filed
with the Commission on February 15,
2006 as part of the United States Postal
Service Annual Report. Attachment F is
an index that identifies witnesses, the
numerical designation of each piece of
testimony, related exhibits and library
references, and attorney contacts.
Attachment G is a compliance statement
addressing pertinent provisions of rules
53, 54 and 64.
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VI. Nature and Impact of the Proposed
Changes
The following summary identifies
some central elements of the Service’s
Request, focusing mainly on changes
relative to existing rate design and
classification. Interested persons are
urged to review the filing in its entirety
for other important aspects of the filing.
A. Mail Classes, Subclasses and
Categories
First-Class Mail. The Service proposes
introducing the shape of a mailpiece (in
terms of being presented as a letter, flat
or parcel) as a factor in developing rates,
along with elimination of the heavy
piece discount and limitations on the
application of the nonmachinable
surcharge. A piece would have to weigh
3.5 ounces or less to be eligible for letter
rates. USPS–T–32 at 19. The Service
also proposes altering the approach to
additional-ounce rates, which apply
through 13 ounces. Additional
proposals affecting First-Class Mail,
among others, include separating the
workshared mail rate design from the
single-piece rate design; eliminating the
Automation Carrier Route rate
categories; and introducing a Forever
Stamp. The Forever Stamp proposal, in
brief, would allow a First-Class stamp to
continue to be accepted as valid
payment of postage for single-piece
First-Class Mail weighing less than one
ounce following a rate change, thereby
avoiding the need to add a relatively
small amount of incremental ‘‘makeup’’
postage.
Priority Mail. The Service proposes,
among other things, the introduction of
a dimensional-weight price structure to
recognize the role of cubic volume as a
cost driver in Priority Mail; a permanent
classification for the Priority Mail flatrate box; and a fee for on-call and
scheduled Priority Mail, Express Mail,
and Parcel Post pick-up service. See
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USPS–T–33 (witness Scherer) and
references cited therein for additional
details related to Priority Mail.
Express Mail. The Service proposes a
new one-pound Express Mail flat rate.
See USPS–T–34 (witness Berkeley) and
references cited therein for additional
details.
Periodicals. The Service proposes the
introduction of a container charge of 85
cents for each sack and pallet used by
senders of Outside County Periodicals
mail (including Science of Agriculture
publications). This charge would
replace existing co-palletization
discounts, including an experimental
co-pallet discount. USPS–T–35 at 4; id.
at 16. The Service proposes raising 37
percent of revenue from pounds and 63
percent from pieces, reflecting a slight
alteration in the existing 40/60 split. Id.
at 6. It also proposes separate editorial
pound dropship rates for destinating
ADC, SCF and DDU mail. Id. at 7. These
proposed rate design and classification
changes do not apply to mail that
qualifies for Within County subclass
rates. The proposed Ride-Along rate is
15.5 cents. at 14. See witness Tang’s
testimony (USPS–T–35) and references
cited therein for additional details about
the Service’s Periodicals proposals.
Standard Mail. The Service proposes
several nomenclature changes; a new
rate category for ‘‘hybrid’’ pieces that
share characteristics of both flats and
parcels; changes to better align rate
design with mail processing categories;
and certain shape-related changes. It
proposes expanded dropshipping
incentives, often linked to postal
facilities where certain automated
sorting equipment is available in
Standard Mail; a separate charge (of 1.5
cents) for the use of detached address
labels in connection with Saturation
mailings; and a new rate category for
parcels and pieces that are not
commonly processed on the Service’s
flat sorting machines. See USPS–T–36.
The Service also proposes deaveraging worksharing rates for nonautomation letters and for automation
and non-automation non-letters. The
Service proposes separate rate structures
for parcels and ‘‘hybrid’’ pieces. USPS–
T–47 at 45. See USPS–T–36 (witness
Kiefer) and references cited therein for
additional details.
Package Services. In the Parcel Post
subclass, the Service proposes one rate
design change, which it characterizes as
minor. This entails requiring all Parcel
Select DBMC machinable parcels to be
barcoded. Cost savings from barcoding
would be reflected in rates, instead of
being separately stated. Pieces without
appropriate barcodes would pay the
applicable retail rate. USPS–T–37 at 7.
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The Service also proposes raising the
weight for balloon parcels from 15
pounds to 20 pounds. Ibid. See USPS–
T–37 (witness Kiefer) and references
cited therein for additional details. The
Service is not proposing any
fundamental changes to the rate designs
for Bound Printed Matter, Media Mail or
Library Mail. USPS–T–38 at 15 and 16–
17. See USPS–T–38 (witness Yeh) and
references cited therein for additional
details.
B. Special Services
For electronic Address Correction
Service, the Service proposes a
distinction between the fee for FirstClass Mail and other classes, with FirstClass Mail having a lower price. USPS–
T–40 at 8. It also proposes a new
automated option limited to letters,
given that only letters are processed
through the Postal Automation
Redirection System. Ibid. For Confirm,
the Service proposes classification
changes, a new pricing structure based
on the concept of purchasing units, and
new fees. Id. at 14. The Service states
that the use of a unit-based approach
will provide, among other benefits, a
mechanism to expand the types of data
available without creating multiple
subscriptions or accounts. Id. at 17. The
Service proposes several fee,
classification and operational changes
for Insurance. These include, among
others, elimination of the signature
requirement for items insured for $50.01
to $200; use of a barcode for all insured
items, which will be scanned at
delivery; lower fees for Express Mail
insurance; and a cap of $15 on the
Service’s regular insurance liability for
negotiable items, currency or bullion,
which would match the Express Mail
insurance limit. Id. at 24.
The Service proposes classification
changes affecting the account
maintenance fee for special services,
limited in many instances to changes in
DMCS language and nomenclature.
USPS–T–39 at 1. For post office boxes,
the Service proposes changes that
include new box fees and caller service
fees that vary in relation to location
space cost. The planned fee design is
characterized as a continuation of the
progress toward increased cost
homogeneity in the post office fee
groups. USPS–T–41 at 1. Interested
persons are encouraged to review the
testimony of witness Berkeley (USPS–
T–39), witness Mitchum (USPS–T–40)
and witness Kaneer (USPS–T–41) for
further details about these changes and
for information on proposed fees, rate
design and classification for other
Special Services.
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VII. Motion Pertaining to FedEx
Contract Material
In a motion filed with its Request, the
Postal Service states that it has
prepared, but not yet filed, USPS–LR–
L–35, Calculation of FedEx Day Turn
Variability Factors, which it identifies
as a category 2 library reference
sponsored by witness Kelley (USPS–T–
15).4 FedEx Waiver Motion at 1. The
Service’s stated reason for withholding
this document is its interest in
application of protective conditions.
The proposed conditions appear as
Attachment A to the FedEx Waiver
Motion. The Service also seeks waiver
of relevant portions of Commission
rules 31(k) and 54 for this document.
In support of its interest in protective
conditions, the Service states the FedEx
agreement contains commercially
sensitive information, given that it
includes cost data for fuel charges, nonfuel charges, and handling charges (all
on a daily basis), as well as applicable
contract prices, along with volume
information on a daily basis. Id. at 1.
Among other things, it asserts that the
volume-related information is
proprietary to both the Postal Service
and FedEx. It also notes that similar
conditions were granted by the Postal
Rate Commission for FedEx data in two
previous rate case (Docket Nos. R2001–
1 and R2005–1), Id. at 2, citing Presiding
Officer’s Ruling No. R2001–1/5 (October
31, 2001) and Presiding Officer’s Ruling
No. R2005–1/4 (May 4, 2005). Answers
to the FedEx Waiver Motion are due no
later than May 31, 2006.
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VIII. Motion Pertaining to Forever
Stamp Proposal
Witness Taufique outlines the
Service’s interest in incorporating a
Forever Stamp proposal in the instant
Request. USPS–T–32 at 26–27. In a
related motion, the Service seeks waiver
or suspension of certain Commission
rules to accommodate the anticipated
filing of material supporting this
proposal. Motion of the United States
Postal Service for Partial Waiver or
Suspension of Commission Rules
Specifying Materials to be Filed in
Support of its Request for Changes in
Postal Rates and Classifications, May 3,
2006 (Motion Concerning Forever
Stamp Proposal). Answers to the Motion
Concerning Forever Stamp Proposal are
due no later than June 5, 2006.
4 Notice of the United States Postal Service of
Filing of Master List of Library References (May 3,
2006).
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IX. Motions for Waiver of Various
Commission Rules on Category 1, 2, 3
and 5 Library References
The Service seeks waiver, to the
extent deemed necessary, of the
Commission’s rules on library
references for documents in the
following categories: Category 1 (Data
Reporting Systems); Category 2 (Witness
Foundational Material); Category 3
(Reference Material); and Category 5
(Disassociated Material).5 The motion
clearly identifies the library references
proposed to be covered by the waiver
request and provides a detailed
explanation of the Service’s rationale for
seeking waiver. See Motion of the
United States Postal Service Requesting
Waiver of the Commission Rules with
Respect to Category 1, 2, 3 and 5 Library
References, May 3, 2006 (Waiver
Motion). Answers to the referenced
Waiver Motion are due no later than
June 5, 2006.
X. Participation
The Commission invites both formal
participation in this case and informal
expression of views. Interested persons
may elect full, limited or commenter
status (under rules 20, 20a, and 20b,
respectively). Those electing full or
limited status shall file notices of
intervention conforming to Commission
rules no later than May 31, 2006.
Notices of intervention and other
documents generally should be
submitted electronically via the
Commission’s Filing Online system at
https://www.prc.gov. Persons seeking to
intervene on a full or limited basis after
May 31, 2006 must file a motion for
intervention.
Commenters are not required to file
intervention notices or motions; instead,
they may direct their comments to the
attention of Steven W. Williams,
Secretary of the Commission, 901 New
York Avenue NW., Suite 200,
Washington, DC 20268–0001.
Commenters may also submit their
views via electronic mail by addressing
them to prc-admin@prc.gov.
Persons unsure of their intervention
status under Commission rules or
seeking more information on how to
participate in this case should contact
Shelley S. Dreifuss, director of the
Commission’s Office of the Consumer
Advocate, by telephone at 202–789–
6837 or via electronic mail at
shelley.dreifuss@prc.gov.
5 Library reference categories are identified in
Commission rule 31(b)(2).
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XI. Representation of the Interests of
the General Public
The Commission designates Shelley
S. Dreifuss, director of the
Commission’s Office of the Consumer
Advocate, to represent the interests of
the general public in this proceeding,
pursuant to 39 U.S.C. 3624(a). Ms.
Dreifuss shall direct the activities of
Commission personnel assigned to
assist her and, at an appropriate time,
provide the names of these employees
for the record. Neither Ms. Dreifuss nor
the assigned personnel shall participate
in or advise as to any Commission
decision in this proceeding, other than
in their designated capacity.
XII. Prehearing Conference
The Commission will hold a
prehearing conference on June 16, 2006,
beginning at 10 a.m. in the
Commission’s hearing room, 901 New
York Avenue NW., Suite 200,
Washington, DC 20268–0001. The
Presiding Officer will discuss initial
scheduling matters at the conference.
Participants may propose schedule
dates or offer additional topics for
discussion at the prehearing conference
by filing a statement identifying such
topics no later than June 7, 2006.
Ordering Paragraphs
It is ordered:
1. The Commission hereby institutes
Docket No. R2006–1, Postal Rate and
Fee Changes, for consideration of the
Service’s request for omnibus rate, fee
and classification changes.
2. The Commission will sit en banc in
this proceeding.
3. Notices of intervention shall be
filed no later than May 31, 2006.
4. Shelley S. Dreifuss, director of the
Commission’s Office of the Consumer
Advocate, is designated to represent the
interests of the general public in this
proceeding.
5. A prehearing conference will be
held on June 16, 2006, at 10 a.m. in the
Commission’s hearing room.
6. Statements identifying topics for
discussion at the preheating conference
shall be filed no later than June 7, 2006.
7. Answers to the Motion of the
United States Postal Service for Waiver
and for Protective Conditions for Library
Reference that Includes Costs and Other
Data Associated with the FedEx
Transportation Agreement, filed May 3,
2006, are due no later than May 31,
2006.
8. Answers to the Motion of the
United States Postal Service Requesting
Waiver of the Commission Rules with
Respect to Category 1, 2, 3 and 5 Library
References, filed May 3, 2006, are due
no later than June 5, 2006.
E:\FR\FM\11MYP1.SGM
11MYP1
27440
Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Proposed Rules
9. Answers to the Motion of the
United States Postal Service for Partial
Waiver or Suspension of Commission
Rules Specifying Materials to be filed in
Support of its Request for Changes in
Postal Rates and Classifications, filed
May 3, 2006, are due no later than June
5, 2006.
10. The Secretary shall cause this
Notice and Order to be published in the
Federal Register.
Steven W. Williams,
Secretary.
[FR Doc. E6–7218 Filed 5–10–06; 8:45 am]
withdraw the October 27, 2004 Weirton
notice of proposed rulemaking.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National Parks,
Wilderness areas.
Dated: April 28, 2006.
Judith Katz,
Acting Regional Administrator, Region III.
[FR Doc. E6–7215 Filed 5–10–06; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Parts 52 and 81
[EPA R03–OAR–2004–WV–0001; FRL–8168–
7]
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Withdrawal of Proposed Rule
40 CFR Parts 52 and 81
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of proposed rule.
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Redesignation of the City of
Weirton PM–10 Nonattainment Area to
Attainment and Approval of the
Maintenance Plan
cchase on PROD1PC60 with PROPOSALS
AGENCY:
SUMMARY: Due to an adverse comment,
EPA is withdrawing its Notice of
Proposed Rulemaking to redesignate the
City of Weirton PM–10 nonattainment
area to attainment and approval of the
maintenance plan published on October
27, 2004 (69 FR 62637). EPA is also
withdrawing the correcting amendment
to the NPR published on November 9,
2004 (69 FR 64860).
DATES: The proposed rule is withdrawn
as of May 11, 2006.
FOR FURTHER INFORMATION CONTACT:
Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.
SUPPLEMENTARY INFORMATION: Elsewhere
in today’s Federal Register, a separate
proposed rulemaking entitiled
‘‘Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Redesignation of the City of
Weirton PM–10 Nonattainment Area to
Attainment and Approval of the Limited
Maintenance Plan,’’ provides more
detailed legal and factual basis for
supporting our decision to withdraw the
NPR and its related correcting
amendment. Our proposed action to
approve the State of West Virginia
request to redesignate the Weirton area
to attainment and approve the
associated maintenance plan is also
found in the NPR in today’s Federal
Register.
Separate dockets have been prepared
for the new proposal and this notice to
VerDate Aug<31>2005
16:27 May 10, 2006
Jkt 208001
[EPA–R03–OAR–2005–0480; FRL–8168–6]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: On May 24, 2004, the State of
West Virginia submitted a request that
EPA redesignate the Weirton
nonattainment area (Weirton Area) to
attainment for the national ambient air
quality standards (NAAQS) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM–10), and
concurrently requested approval of a
limited maintenance plan (LMP) as a
revision to the West Virginia State
Implementation Plan (SIP). In this
action, the EPA proposes to approve the
LMP for the Weirton Area in West
Virginia and grant the State’s request to
redesignate the area from nonattainment
to attainment. EPA’s proposed approval
is based on its determination that the
area has met the criteria for
redesignation for attainment specified in
the Clean Air Act (CAA). EPA is also
proposing to determine that, because the
Weirton Area has continued to attain
the PM–10 NAAQS, certain attainment
demonstration requirements, along with
other related requirements of the CAA,
are not applicable to the Weirton Area.
DATES: Written comments must be
received on or before June 12, 2006.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2005–0480 by one of the
following methods:
A. https://www.regulations.gov. Follow
the online instructions for submitting
comments.
B. E-mail: Morris.makeba@epa.gov.
C. Mail: EPA–R03–OAR–2005–0480,
Makeba Morris, Chief, Air Quality
Planning and Analysis Branch,
Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2005–
0480. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
ADDRESSES:
E:\FR\FM\11MYP1.SGM
11MYP1
]]>Agencies
[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Proposed Rules]
[Pages 27436-27440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7218]
=======================================================================
-----------------------------------------------------------------------
POSTAL RATE COMMISSION
39 CFR Part 3001
[Order No. 1464; Docket No. R2006-1]
Postal Rate and Fee Changes
AGENCY: Postal Rate Commission.
ACTION: Notice and order in omnibus rate filing.
-----------------------------------------------------------------------
SUMMARY: This document informs the public that the United States Postal
Service has filed a request for a decision on proposed changes in
essentially all domestic postage rate and fee changes, along with
proposed classification changes. It identifies several procedural steps
the Commission has taken in response to the filing. The request
reflects a system-wide average increase of 8.5 percent; however, there
are limited (and in some instances, significant) exceptions.
DATES: 1. May 31, 2006: deadline for interventions, answers to motion
for waiver and for protective conditions. 2. June 5, 2006: Deadline for
answer to motion for waiver of rules regarding certain library
references, and answer to motion concerning Forever Stamp. 3. June 7,
2006: Deadline for statements identifying topics for prehearing
conference. 4. June 16, 2006: Prehearing conference.
ADDRESSES: File notices of intervention and other documents
electronically via the Commission's Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharman, General Counsel,
202-789-6820.
SUPPLEMENTARY INFORMATION:
I. Introduction
Public notice. This order provides notice to the public that on May
3, 2006, the United States Postal Service (Postal Service or Service)
filed a formal Request with the Postal Rate Commission (Commission) for
a recommended decision on proposed changes in domestic postage rates,
fees and classifications.\1\ The Request was accompanied by several
contemporaneous notices and motions.
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service for a
Recommended Decision on Changes in Rates of Postage and Fees for
Postal Services, May 3, 2006 (Request).
---------------------------------------------------------------------------
The Service filed the Request pursuant to chapter 36 of title 39,
United States Code, based on its determination that such changes would
be in the public interest and in accordance with policies of that
title. The filing of the Request triggers a statutory process mandated
by 39 U.S.C. 3624. This process involves an opportunity for public
hearings on the Service's proposals. It also requires issuance of the
Commission's recommended decision within 10 months of the date of the
Service's filing.
II. Establishment of Formal Docket
Establishment of formal docket. The Commission hereby institutes a
proceeding under 39 U.S.C. 3622 and 3623, designated as Docket No.
R2006-1, Postal Rate and Fee Changes, to consider the instant Request.
In the course of consideration, participants may propose alternatives
to the Service's proposals, the Commission may propose certain
classification changes, and the Service may revise, supplement, or
amend its filing. The Commission's review of the Request, including any
revisions or alternatives (including full or partial settlement
proposals), may result in recommendations that differ from proposed
rates, fees and classification changes.
This notice apprises the public of the Service's Request, of the
overall magnitude and scope of the Request, and of the institution of a
formal proceeding. It does not address or review all aspects of the
filing, which is comprehensive and complex; therefore, interested
persons are urged to carefully review the filing to determine its
impact on aspects of postal rates, fees and classifications that may be
of interest to them.
Availability; Web site posting. The Commission has posted the
Service's Request and most related or supporting material on its Web
site at https://www.prc.gov. Additional Postal Service filings in this
case and participants' submissions also will be posted on the Web site,
if provided in electronic format or amenable to conversion, and not
subject to a valid protective order. Information on how to use the
Commission's Web site is available online or by contacting the
Commission's Webmaster via telephone at 202-789-6873 or via electronic
mail at prc-webmaster@prc.gov.
The Service's Request and related documents are also available for
public inspection in the Commission's docket
[[Page 27437]]
section. Docket section hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except on federal government holidays. Docket section personnel
may be contacted via electronic mail at prc-dockets@prc.gov or via
telephone at 202-789-6846.
Paper copies. Intervenors' options for obtaining paper copies of
the Docket No. 2006-1 filing from the Postal Service are described in
the Notice of the United States Postal Service Regarding Availability
and Distribution of Paper Copies of the Postal Service's Direct Case,
May 3, 2006.
III. Overview of the Service's Filing
Contents. The Service's Docket No. R2006-1 filing includes its
formal Request (with seven attachments); 47 pieces of testimony (along
with related exhibits) presented by 41 witnesses; and 133 library
references.\2\ The Service notes that it anticipates supplementing its
Request during the course of this proceeding with testimony on a
proposal referred to as the ``Forever Stamp,'' which mainly affects
senders of single-piece one-ounce First-Class Mail. See Motion of the
United States Postal Service for Partial Waiver or Suspension of
Commission Rules Specifying Materials to be Filed in Support of its
Request for Changes in Postal Rates and Classifications, May 3, 2006
(Motion Concerning Forever Stamp).
---------------------------------------------------------------------------
\2\ The Service has prepared, but withheld, one library
reference (USPS-LR-L-35) pending resolution of a request for
protective conditions. See Motion of United States Postal Service
for Waiver and for Protective Conditions for Library Reference that
Includes Costs and Other Data Associated with the FedEx
Transportation Agreement, May 3, 2006 (FedEx Waiver Motion). See
also USPS-LR-L-133 (Redacted Addendum to FedEx Transportation
Contract.) Note: The Service's library reference count includes some
library references that have been reserved by number, with contents
expected to be filed later.
---------------------------------------------------------------------------
Test year; contingency; key projections. The Postal Service
operates under a breakeven constraint pursuant to controlling law and,
under Commission rules, generally relies on a future test year for
ratemaking purposes. The Service proposes using fiscal year 2008 as the
test year in its Request, and makes various projections based on that
choice. In particular, it projects that it will incur a net revenue
deficiency of $5.874 billion in the test year under existing rates. It
projects that its proposed set of rates and fees would generate
additional revenues of $3.983 billion, resulting in a test year revenue
deficiency of $0.8 million. USPS-T-47 at 9. The filing assumes a
contingency of 1 percent. USPS-T-6 at 62.
System-wide average increase. The Service's Request reflects a
system-wide average increase of 8.5%. Id. at 9. In certain instances,
percentage increases for individual classes and subclasses of mail and
Special Services vary considerably from that average. These departures
from the system-wide average are often due to rate design changes, such
as the proposed introduction of shape-based rates.
First-Class stamp price. The price of the First-Class stamp for a
single-piece one-ounce letter--traditionally the Postal Service's
flagship offering and the product most familiar to the general public--
increases by 3 cents under the Service's proposal, thereby going from
the current rate of 39 cents to 42 cents. The rate for each additional
ounce of single-piece First-Class Mail (through 13 ounces) decreases by
4 cents, going from the current rate of 24 cents to 20 cents.
Defining features. The Service's Request is marked by two defining
features. One is a return to the traditional approach to postal
ratemaking, which entails a process which results in the percentage
increase for any given class or service being arrived at as a result of
application of the factors of 39 U.S.C. 3622, rather than through
application of a generally uniform ``across the board'' percentage.\3\
The other feature is the incorporation of extensive proposed rate
design and classification changes based on new (or substantially
updated) cost studies; other new data and information; policy
considerations; and important assumptions about the mailing
environment, including the evolving postal network.
---------------------------------------------------------------------------
\3\ The ``across the board'' approach was used in the two most
recent omnibus cases.
---------------------------------------------------------------------------
The Service's summary of percentage changes in proposed rates
relative to current rates provides the following information:
------------------------------------------------------------------------
Percent
------------------------------------------------------------------------
First-Class Mail:
Letters and Sealed Parcels.................................. 7.0
Cards....................................................... 10.6
Priority Mail................................................. 13.8
Express Mail.................................................. 12.5
Periodicals:
Within-County............................................... 24.4
Outside County.............................................. 11.4
Standard Mail:
Regular..................................................... 9.6
Nonprofit................................................... 9.5
Enhanced Carrier Route...................................... 8.6
Nonprofit Enhanced Carrier Route............................ 9.1
Package Services:
Parcel Post................................................. 13.7
Bound Printed Matter........................................ 11.9
Media Mail.................................................. 18.0
Library Rate................................................ 18.4
---------
Total All Mail............................................ 8.5
------------------------------------------------------------------------
USPS-T-31, Exh. USPS-31D.
Special Services. Percentage changes vary widely for Special
Services. A summary of proposed cost coverages for Special Services
appears at USPS-T-31, Exh. USPS-31B. Detailed development of the
proposed fee levels and discussion of other aspects of the filing
affecting Special Services is provided in USPS-T-39; USPS-T-40; and
USPS-T-41.
IV. ``Roadmap'' Testimony and Master List of Library References
Witness Davis (USPS-T-47) presents ``roadmap'' testimony in
compliance with Commission rule 53(b), that provides an overview of the
Service's filing. It describes the subject matter of each witness's
testimony; explains the inter-relationship between and among the
testimonies; describes changes in cost methodology, volume estimation,
and rate design relative to the Commission's approach in Docket No.
R2005-1; and identifies each witness who addresses any material
methodological change. Witness Davis's testimony also includes two
attachments: Roadmap Testimony Quick Reference Guide (Attachment 1) and
Postal Testimony Flowchart (Attachment 2). A master list of library
references appears in Notice of the United States Postal Service of
Filing of Master List of Library References, May 3, 2006.
Witness O'Hara (USPS-T-31) addresses rate policy. His testimony
presents proposed cost coverages (rate levels) for each subclass and
addresses the consistency of these coverages with applicable Postal
Reorganization Act criteria.
V. Attachments to the Request
Attachment A, Requested Changes in Rates and Fees, and Attachment
B, Proposed Changes to Domestic Mail Classification Schedule, identify
changes that would be required if the Service's proposals are adopted.
Attachment C, Specification of the Rules, Regulations, and Practices
that Establish Standards of Service and Conditions of Mailability,
addresses Commission rule 54(b)(2), by designating the contents of the
Domestic Mail Manual (DMM) as the source of such rules, regulations and
practices, and provides a copy of the table of contents of the DMM
(updated as of April 13, 2006). The DMM in its entirety is available
for review on the Postal
[[Page 27438]]
Service's Web site at https://www.USPS.gov.
Attachment D is a certification, filed pursuant to Commission rule
54(p), attesting to the accuracy of cost statements and other
documentation submitted with the Request. Attachment E presents the
Audited Financial Statements for Fiscal Year 2005, as filed with the
Commission on February 15, 2006 as part of the United States Postal
Service Annual Report. Attachment F is an index that identifies
witnesses, the numerical designation of each piece of testimony,
related exhibits and library references, and attorney contacts.
Attachment G is a compliance statement addressing pertinent provisions
of rules 53, 54 and 64.
VI. Nature and Impact of the Proposed Changes
The following summary identifies some central elements of the
Service's Request, focusing mainly on changes relative to existing rate
design and classification. Interested persons are urged to review the
filing in its entirety for other important aspects of the filing.
A. Mail Classes, Subclasses and Categories
First-Class Mail. The Service proposes introducing the shape of a
mailpiece (in terms of being presented as a letter, flat or parcel) as
a factor in developing rates, along with elimination of the heavy piece
discount and limitations on the application of the nonmachinable
surcharge. A piece would have to weigh 3.5 ounces or less to be
eligible for letter rates. USPS-T-32 at 19. The Service also proposes
altering the approach to additional-ounce rates, which apply through 13
ounces. Additional proposals affecting First-Class Mail, among others,
include separating the workshared mail rate design from the single-
piece rate design; eliminating the Automation Carrier Route rate
categories; and introducing a Forever Stamp. The Forever Stamp
proposal, in brief, would allow a First-Class stamp to continue to be
accepted as valid payment of postage for single-piece First-Class Mail
weighing less than one ounce following a rate change, thereby avoiding
the need to add a relatively small amount of incremental ``makeup''
postage.
Priority Mail. The Service proposes, among other things, the
introduction of a dimensional-weight price structure to recognize the
role of cubic volume as a cost driver in Priority Mail; a permanent
classification for the Priority Mail flat-rate box; and a fee for on-
call and scheduled Priority Mail, Express Mail, and Parcel Post pick-up
service. See USPS-T-33 (witness Scherer) and references cited therein
for additional details related to Priority Mail.
Express Mail. The Service proposes a new one-pound Express Mail
flat rate. See USPS-T-34 (witness Berkeley) and references cited
therein for additional details.
Periodicals. The Service proposes the introduction of a container
charge of 85 cents for each sack and pallet used by senders of Outside
County Periodicals mail (including Science of Agriculture
publications). This charge would replace existing co-palletization
discounts, including an experimental co-pallet discount. USPS-T-35 at
4; id. at 16. The Service proposes raising 37 percent of revenue from
pounds and 63 percent from pieces, reflecting a slight alteration in
the existing 40/60 split. Id. at 6. It also proposes separate editorial
pound dropship rates for destinating ADC, SCF and DDU mail. Id. at 7.
These proposed rate design and classification changes do not apply to
mail that qualifies for Within County subclass rates. The proposed
Ride-Along rate is 15.5 cents. at 14. See witness Tang's testimony
(USPS-T-35) and references cited therein for additional details about
the Service's Periodicals proposals.
Standard Mail. The Service proposes several nomenclature changes; a
new rate category for ``hybrid'' pieces that share characteristics of
both flats and parcels; changes to better align rate design with mail
processing categories; and certain shape-related changes. It proposes
expanded dropshipping incentives, often linked to postal facilities
where certain automated sorting equipment is available in Standard
Mail; a separate charge (of 1.5 cents) for the use of detached address
labels in connection with Saturation mailings; and a new rate category
for parcels and pieces that are not commonly processed on the Service's
flat sorting machines. See USPS-T-36.
The Service also proposes de-averaging worksharing rates for non-
automation letters and for automation and non-automation non-letters.
The Service proposes separate rate structures for parcels and
``hybrid'' pieces. USPS-T-47 at 45. See USPS-T-36 (witness Kiefer) and
references cited therein for additional details.
Package Services. In the Parcel Post subclass, the Service proposes
one rate design change, which it characterizes as minor. This entails
requiring all Parcel Select DBMC machinable parcels to be barcoded.
Cost savings from barcoding would be reflected in rates, instead of
being separately stated. Pieces without appropriate barcodes would pay
the applicable retail rate. USPS-T-37 at 7. The Service also proposes
raising the weight for balloon parcels from 15 pounds to 20 pounds.
Ibid. See USPS-T-37 (witness Kiefer) and references cited therein for
additional details. The Service is not proposing any fundamental
changes to the rate designs for Bound Printed Matter, Media Mail or
Library Mail. USPS-T-38 at 15 and 16-17. See USPS-T-38 (witness Yeh)
and references cited therein for additional details.
B. Special Services
For electronic Address Correction Service, the Service proposes a
distinction between the fee for First-Class Mail and other classes,
with First-Class Mail having a lower price. USPS-T-40 at 8. It also
proposes a new automated option limited to letters, given that only
letters are processed through the Postal Automation Redirection System.
Ibid. For Confirm, the Service proposes classification changes, a new
pricing structure based on the concept of purchasing units, and new
fees. Id. at 14. The Service states that the use of a unit-based
approach will provide, among other benefits, a mechanism to expand the
types of data available without creating multiple subscriptions or
accounts. Id. at 17. The Service proposes several fee, classification
and operational changes for Insurance. These include, among others,
elimination of the signature requirement for items insured for $50.01
to $200; use of a barcode for all insured items, which will be scanned
at delivery; lower fees for Express Mail insurance; and a cap of $15 on
the Service's regular insurance liability for negotiable items,
currency or bullion, which would match the Express Mail insurance
limit. Id. at 24.
The Service proposes classification changes affecting the account
maintenance fee for special services, limited in many instances to
changes in DMCS language and nomenclature. USPS-T-39 at 1. For post
office boxes, the Service proposes changes that include new box fees
and caller service fees that vary in relation to location space cost.
The planned fee design is characterized as a continuation of the
progress toward increased cost homogeneity in the post office fee
groups. USPS-T-41 at 1. Interested persons are encouraged to review the
testimony of witness Berkeley (USPS-T-39), witness Mitchum (USPS-T-40)
and witness Kaneer (USPS-T-41) for further details about these changes
and for information on proposed fees, rate design and classification
for other Special Services.
[[Page 27439]]
VII. Motion Pertaining to FedEx Contract Material
In a motion filed with its Request, the Postal Service states that
it has prepared, but not yet filed, USPS-LR-L-35, Calculation of FedEx
Day Turn Variability Factors, which it identifies as a category 2
library reference sponsored by witness Kelley (USPS-T-15).\4\ FedEx
Waiver Motion at 1. The Service's stated reason for withholding this
document is its interest in application of protective conditions. The
proposed conditions appear as Attachment A to the FedEx Waiver Motion.
The Service also seeks waiver of relevant portions of Commission rules
31(k) and 54 for this document.
---------------------------------------------------------------------------
\4\ Notice of the United States Postal Service of Filing of
Master List of Library References (May 3, 2006).
---------------------------------------------------------------------------
In support of its interest in protective conditions, the Service
states the FedEx agreement contains commercially sensitive information,
given that it includes cost data for fuel charges, non-fuel charges,
and handling charges (all on a daily basis), as well as applicable
contract prices, along with volume information on a daily basis. Id. at
1. Among other things, it asserts that the volume-related information
is proprietary to both the Postal Service and FedEx. It also notes that
similar conditions were granted by the Postal Rate Commission for FedEx
data in two previous rate case (Docket Nos. R2001-1 and R2005-1), Id.
at 2, citing Presiding Officer's Ruling No. R2001-1/5 (October 31,
2001) and Presiding Officer's Ruling No. R2005-1/4 (May 4, 2005).
Answers to the FedEx Waiver Motion are due no later than May 31, 2006.
VIII. Motion Pertaining to Forever Stamp Proposal
Witness Taufique outlines the Service's interest in incorporating a
Forever Stamp proposal in the instant Request. USPS-T-32 at 26-27. In a
related motion, the Service seeks waiver or suspension of certain
Commission rules to accommodate the anticipated filing of material
supporting this proposal. Motion of the United States Postal Service
for Partial Waiver or Suspension of Commission Rules Specifying
Materials to be Filed in Support of its Request for Changes in Postal
Rates and Classifications, May 3, 2006 (Motion Concerning Forever Stamp
Proposal). Answers to the Motion Concerning Forever Stamp Proposal are
due no later than June 5, 2006.
IX. Motions for Waiver of Various Commission Rules on Category 1, 2, 3
and 5 Library References
The Service seeks waiver, to the extent deemed necessary, of the
Commission's rules on library references for documents in the following
categories: Category 1 (Data Reporting Systems); Category 2 (Witness
Foundational Material); Category 3 (Reference Material); and Category 5
(Disassociated Material).\5\ The motion clearly identifies the library
references proposed to be covered by the waiver request and provides a
detailed explanation of the Service's rationale for seeking waiver. See
Motion of the United States Postal Service Requesting Waiver of the
Commission Rules with Respect to Category 1, 2, 3 and 5 Library
References, May 3, 2006 (Waiver Motion). Answers to the referenced
Waiver Motion are due no later than June 5, 2006.
---------------------------------------------------------------------------
\5\ Library reference categories are identified in Commission
rule 31(b)(2).
---------------------------------------------------------------------------
X. Participation
The Commission invites both formal participation in this case and
informal expression of views. Interested persons may elect full,
limited or commenter status (under rules 20, 20a, and 20b,
respectively). Those electing full or limited status shall file notices
of intervention conforming to Commission rules no later than May 31,
2006. Notices of intervention and other documents generally should be
submitted electronically via the Commission's Filing Online system at
https://www.prc.gov. Persons seeking to intervene on a full or limited
basis after May 31, 2006 must file a motion for intervention.
Commenters are not required to file intervention notices or
motions; instead, they may direct their comments to the attention of
Steven W. Williams, Secretary of the Commission, 901 New York Avenue
NW., Suite 200, Washington, DC 20268-0001. Commenters may also submit
their views via electronic mail by addressing them to prc-
admin@prc.gov.
Persons unsure of their intervention status under Commission rules
or seeking more information on how to participate in this case should
contact Shelley S. Dreifuss, director of the Commission's Office of the
Consumer Advocate, by telephone at 202-789-6837 or via electronic mail
at shelley.dreifuss@prc.gov.
XI. Representation of the Interests of the General Public
The Commission designates Shelley S. Dreifuss, director of the
Commission's Office of the Consumer Advocate, to represent the
interests of the general public in this proceeding, pursuant to 39
U.S.C. 3624(a). Ms. Dreifuss shall direct the activities of Commission
personnel assigned to assist her and, at an appropriate time, provide
the names of these employees for the record. Neither Ms. Dreifuss nor
the assigned personnel shall participate in or advise as to any
Commission decision in this proceeding, other than in their designated
capacity.
XII. Prehearing Conference
The Commission will hold a prehearing conference on June 16, 2006,
beginning at 10 a.m. in the Commission's hearing room, 901 New York
Avenue NW., Suite 200, Washington, DC 20268-0001. The Presiding Officer
will discuss initial scheduling matters at the conference. Participants
may propose schedule dates or offer additional topics for discussion at
the prehearing conference by filing a statement identifying such topics
no later than June 7, 2006.
Ordering Paragraphs
It is ordered:
1. The Commission hereby institutes Docket No. R2006-1, Postal Rate
and Fee Changes, for consideration of the Service's request for omnibus
rate, fee and classification changes.
2. The Commission will sit en banc in this proceeding.
3. Notices of intervention shall be filed no later than May 31,
2006.
4. Shelley S. Dreifuss, director of the Commission's Office of the
Consumer Advocate, is designated to represent the interests of the
general public in this proceeding.
5. A prehearing conference will be held on June 16, 2006, at 10
a.m. in the Commission's hearing room.
6. Statements identifying topics for discussion at the preheating
conference shall be filed no later than June 7, 2006.
7. Answers to the Motion of the United States Postal Service for
Waiver and for Protective Conditions for Library Reference that
Includes Costs and Other Data Associated with the FedEx Transportation
Agreement, filed May 3, 2006, are due no later than May 31, 2006.
8. Answers to the Motion of the United States Postal Service
Requesting Waiver of the Commission Rules with Respect to Category 1,
2, 3 and 5 Library References, filed May 3, 2006, are due no later than
June 5, 2006.
[[Page 27440]]
9. Answers to the Motion of the United States Postal Service for
Partial Waiver or Suspension of Commission Rules Specifying Materials
to be filed in Support of its Request for Changes in Postal Rates and
Classifications, filed May 3, 2006, are due no later than June 5, 2006.
10. The Secretary shall cause this Notice and Order to be published
in the Federal Register.
Steven W. Williams,
Secretary.
[FR Doc. E6-7218 Filed 5-10-06; 8:45 am]
BILLING CODE 7710-FW-P
