Administrative Practice and Procedure; Postal Service, 9363-9368 [E8-3163]
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Notices
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Security goals as well as to function as
a strong, independent, stable, and
predictable regulator.
The final version of NUREG–1614,
Volume 4, will be released on February
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Dated at Rockville, Maryland, this 13th day
of February, 2008.
For the Nuclear Regulatory Commission.
Leslie W. Barnett,
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[FR Doc. E8–3091 Filed 2–19–08; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. R2008–1; Order No. 59]
Administrative Practice and
Procedure; Postal Service
Postal Regulatory Commission.
Notice and order.
AGENCY:
ACTION:
SUMMARY: The Commission is
conducting a formal review of the Postal
Service’s planned rate adjustments for
essentially all products in the market
dominant category, which includes the
First-Class stamp, and limited
classification revisions. The adjustments
are based on a statutory price cap. A
public comment period extends through
March 3, 2008. This will be followed by
a Commission determination on the
consistency of the adjustments with
certain considerations. The new rates
and the classification revisions are
expected to take effect May 12, 2008.
DATES: March 3, 2008: Deadline for
public comments.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
Commission (Commission) a document
captioned United States Postal Service
Notice of Price Adjustment (Adjustment
Notice).1 This document was filed
pursuant to 39 U.S.C. 3622(d)(1)(C) and
part 3010 of the Commission’s Rules of
Practice and Procedure. It announces
the Postal Service’s intention to adjust
rates for all products in its market
dominant business category on May 12,
2008, in amounts that are, on average,
within a 2.9 percent statutory price cap
for each class. The Commission notes
that the average change, in some
instances, includes significant
percentage changes within a class.
Moreover, in limited situations, prices
for some products in some classes do
not change.
The Adjustment Notice also addresses
several limited classification revisions
affecting single-piece domestic
International Mail and identifies a
limited classification change affecting
Periodicals. The International Mail
changes are largely designed to mirror
the domestic structure. The Periodicals
change reflects a provision in the Postal
Accountability and Enhancement Act of
2006 (PAEA) extending a rate preference
to certain mailers.
B. Context
The filing of the Adjustment Notice
marks the first instance in which the
Postal Service is exercising its authority,
under the PAEA and related
Commission rules, to make an annual
adjustment in rates for products in the
market dominant category under a new
streamlined, index-based approach. The
market dominant product category is
one of two business lines established in
the PAEA. It includes First-Class Mail
letters and sealed parcels; First-Class
Mail cards; Periodicals; Standard Mail;
Single-piece Parcel Post; Media Mail;
Bound Printed Matter; Library Mail;
Special Services; and Single-piece
International Mail. 39 U.S.C. 3621. The
other line is the Competitive Products
category, which includes Priority Mail;
Expedited Mail; Bulk Parcel Post; Bulk
International Mail; and Mailgrams.2 39
U.S.C. 3631. Rate and fee adjustments
for each business category are governed
by different procedures.
Regulatory History
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1. 72 FR 63662 (November 9, 2007).
2. 72 FR 64155 (November 15, 2007).
3. 73 FR 6426 (February 4, 2008).
I. Overview
A. Background
On February 11, 2008, the United
States Postal Service (Postal Service)
filed with the Postal Regulatory
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1 See also United States Postal Service Notice of
Filing Supplement to Appendix A, New Prices and
Fees, to Notice of Market-Dominant Price
Adjustment (February 12, 2008) Errata, February
12, 2008 (Errata). The Errata supplies price charts
that were missing from Appendix A in the Postal
Service’s February 11, 2008 filing for seven nonancillary special services. The section in this notice
on special services provides further details.
2 Mailgram service was terminated on August 17,
2006. See Postal Bulletin 22192, October 26, 2006,
at 5.
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9363
C. Statutory Price Cap
The statutory price cap is a new
mechanism for adjusting rates for
market dominant products, and a key
element in the new process for changing
postal rates established pursuant to the
PAEA. It represents a weighted annual
increase in the CPI–U for the past 12
months, calculated under Commission
rules implementing the PAEA.3 The
price cap was expressly adopted in the
PAEA and, in conjunction with a short
review period, replaces a much longer,
more litigious, trial-type ratemaking
approach that was in place since 1970.
II. Impact on Mailers
Summary. The planned adjustments,
summarized in terms of percentage
change at the class level, are: First-Class
Mail, 2.889 percent; Standard Mail,
2.875 percent; Periodicals, 2.710
percent; Package Services, 2.876
percent; and Special Services, 2.848
percent. Each percentage is below the
statutory price cap. Adjustment Notice
at 5.
The First-Class stamp. The planned
change in the First-Class postage stamp,
which is widely used by the general
public for eligible mail weighing an
ounce or less, is an increase of 1 cent.
This raises the rate from its current level
of 41 cents to 42 cents. For the second
ounce of First-Class single-piece mail,
the planned rate goes from 58 cents to
59 cents, on the same basis. Id. at 3;
Appendix A at 1.
The Forever Stamp. As a result of
Docket No. R2006–1, the Postal Service
introduced a First-Class Mail ‘‘Forever
Stamp.’’ The price of this stamp at the
time of its introduction was 41 cents,
which equated to the Docket No.
R2006–1 price for the first ounce of
single-piece First Class Mail. This stamp
will continue to be sold for 41 cents
until May 12, 2008, and will cover
postage for mailing single-piece FirstClass Mail even after the anticipated
price increase to 42 cents on May 12,
2008. However, on and after May 12,
under the planned adjustments, a new
purchase of a Forever Stamp will be at
the 42-cent rate. These stamps, like the
original issue, will continue to cover the
mailing of one-ounce single-piece FirstClass Mail, regardless of future increases
in the underlying rate.
III. Unused Rate Adjustment Authority
The Postal Service notes that it has no
unused rate adjustment authority
available for use in this price change. It
further states that while it was its
3 The references to CPI–U is to the Department of
Labor’s Consumer Price Index for All Urban
Consumers.
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docket, along with any written
comments and filings by others, also
will be posted on the Commission’s
Web site and made available for public
inspection and copying at the
Commission during regular business
hours.
Second, the Commission establishes
the requisite formal docket, captioned
Docket No. R2008–1, Notice of Price
Adjustment, to conduct its mandatory
TABLE III–1
review of the Postal Service’s planned
Percent rate adjustments. It notes that this
Class
change review is conducted under the legal
authority of 39 U.S.C. 3622.
First-Class Mail ...............................
0.011
The Commission’s intention is to
Standard Mail .................................
0.025
Periodicals ......................................
0.190 conduct this review by bringing its
Package Services ...........................
0.024 judgment to bear on the basis of the
Special Services .............................
0.052 material presented in the Adjustment
Notice, the objectives, factors and
requirements of the PAEA, including
Id. at 5 (footnote omitted).
referenced postal policies, Commission
IV. Consistency of Adjustment Notice
rules, and public comments.
with Commission Rules
Third, the Commission issues this
Relationship of streamlined
notice addressing the Adjustment
procedures to intended implementation Notice and related matters, in
date. Commission rules implementing
conformance with § 3010.13. It also
the PAEA require the Postal Service to
directs the Secretary of the Commission
file notice of its intention to adjust
to arrange for prompt publication of this
market dominant rates at least 45 days
notice and order in the Federal Register.
prior to the intended implementation
It appoints Kenneth E. Richardson to
date. The Commission notes, in this
represent the interests of the general
instance, that the Postal Service is
public in conformance with
providing more than the minimum
§ 3010.13(a)(4).
Public comment period; focus of
amount of notice, given that the
comments. The Commission designates
anticipated effective date is May 12,
a 20-day comment period starting from
2008.
the date of the filing of the Adjustment
V. Commission Action
Notice in conformance with
In Docket No. RM2007–1, the
§ 3010.13(a)(5). By operation of
Commission developed a set of
Commission § 3001.15 on computation
procedures to carry out its review of an
of time, the comment period, which
Adjustment Notice in accordance with
otherwise would end on March 2, 2008,
the PAEA and pertinent provisions of
extends through close of business on
the Administrative Procedure Act.
March 3, 2008. Section 3010.13(b)
Pursuant to these procedures, the filing
provides that public comments should
of an Adjustment Notice triggers a
focus primarily on whether planned rate
requirement that the Commission
adjustments comply with the following
establish a formal docket to review the
mandatory requirements of 39 U.S.C.
consistency of the planned adjustments
chapter 36, subchapter I:
with regulations that subsume legal
(1) Whether the planned rate adjustments
provisions, policy issues, and technical
measured using the formula established in
matters. Requirements related to public
rule 3010.23(b) are at or below the annual
notice, official publication, public
limitation established in rule 3010.11; and
representation, a public comment
(2) Whether the planned rate adjustments
measured using the formula established in
period, and other matters also attach to
rules 3010.23(b) are at or below the
the review.
The Commission takes several steps at limitations established in rule 3010.28.
this time in conformance with these
Method for filing comments. The
requirements. First, it has posted the
formal intervention process set out in
Postal Service’s Adjustment Notice on
the Commission’s rules does not apply
its Web site, https://www.prc.gov. It also
in this type of docket. Instead,
has made the Adjustment Notice
interested persons are to submit
available for copying and inspection
comments electronically via the
during regular business hours (8 a.m. to Commission’s Filing Online system. The
4:30 p.m.) at the Commission, 901 New
Commission will provide assistance to
York Avenue, NW., Suite 200,
anyone not familiar with this method of
Washington, DC 20268–0001. Any
filing. Those seeking assistance should
subsequent Postal Service filings in this contact either the docket section at 202–
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general intent to fully use its authority
under the cap in this price change, it
has not met the cap percentage
precisely. It attributes this largely to the
effect of rounding. Id. at 5. Accordingly,
the Postal Service states that it is
banking the residual amount below 2.9
percent for each class in accordance
with the following schedule:
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789–6846 or Kenneth E. Richardson, the
officer of the Commission in this case,
at 202–789–6859.
Additional procedural steps;
timetable. Section 39 CFR 3010.13(c)
provides that the Commission, within
14 days of the conclusion of the public
comment period will determine, at a
minimum, whether the planned rate
adjustments are consistent with the
annual limitation set forth in 39 CFR
3010.11; the limitations set forth in 39
CFR 3010.28; and 39 U.S.C. 3626, 3627
and 3629, and issue an order
announcing its findings. In this
instance, the deadline for the
Commission’s determination is March
17, 2008. If the planned rate
adjustments are found consistent with
applicable law by the Commission, they
may take effect pursuant to appropriate
action by the Postal Service Governors.
In the event the Commission determines
that planned rate adjustments are not
consistent with applicable
considerations, additional procedures
apply. See 39 CFR 3010.13(c) through
3010.13(i).
VI. Summary of Contents of Postal
Service Adjustment Notice
Background. Commission rule 39 CFR
3010.14 requires the Postal Service to
include certain explanatory and
supporting information in each
Adjustment Notice, but leaves
organization of the notice and
presentation of the requisite material to
the discretion of the Postal Service. The
purpose of the information the Postal
Service provides is to facilitate
expeditious review of the consistency of
the Adjustment Notice with pertinent
considerations.
Organization of Adjustment Notice.
The Adjustment Notice in this docket
consists of an introductory section;
three sections designated as parts; four
appendices; six attachments; a request
for confidential treatment for certain
International Mail data; and a
conditional motion for waiver.4
Introductory section. The Postal
Service identifies the planned effective
date as May 12, 2008, in conformance
with 39 CFR 3010.14(a)(2), in the
general introduction. It also represents,
in conformance with the notice
requirements of 39 CFR 3010.14(a)(3),
that it will issue public notice of the
planned rate changes at least 45 days
before the effective date via several
means in addition to its Adjustment
Notice. Specifically, it states that this
includes issuing notice of the price
changes, on the same day of its filing
with the Commission, on the Postal
4 See
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Adjustment Notice at 1 and 4.
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Service’s Web site (https://
www.usps.com), the Postal Explorer
Web site (https://www.pe.usps.com), the
DMM [Domestic Mail Manual ]
Advisory, and the P&C [Producers and
Consumers] Weekly; and a press release
announcing the changes. The Postal
Service also states that it plans to
provide public notice of the price
changes in future issues of the PCC
[Postal Customer Council ] Insider,
MailPro (March/April issue) and the
Postal Bulletin. Id. at 1–2.
The Postal Service identifies Joseph
D. Moeller, Manager of Pricing, as the
Postal Service official who will be
available to provide prompt responses
to requests for clarification from the
Commission. In the remainder of the
Adjustment Notice, it provides
supporting technical information and
justifications, including workpapers
where applicable. 39 CFR 3010.13(a)(1),
3010.13(a)(3), 3010.13(a)(4), and
3010.14(b). Id.
Part I. The Postal Service represents
that the material presented in Part I,
captioned Price Cap Compliance,
complies with 39 CFR 3010.14(b)(1)
through (4) by identifying the amount of
the applicable price cap; the percentage
change in prices for each class of mail;
the amount of any unused rate (price)
adjustment authority available for each
class of mail; and the amount of any
unused rate adjustment authority
generated by this price change. Id. at 5.
It notes that the instant price change, in
its view, does not include any ‘‘new
workshare discounts’’ within the
meaning of § 3010.14(c). Id. at 5–6 and
6, n.7.
Part II. The Postal Service represents
that the material presented in Part II,
captioned Description of the Prices,
responds to 39 CFR 3010.14(b)(7) and
(8). These rules require the Postal
Service to discuss how the planned
price ‘‘help achieve’’ the objectives of 39
U.S.C. 3622(b) and ‘‘properly take into
account’’ the factors of 39 U.S.C.
3622(c); and how the planned prices are
consistent with 39 U.S.C. 3626, 3627
and 3629.
Part III. The Postal Service represents
that Part III, captioned MCS [Mail
Classification Schedule] Product
Description Changes, responds to the
requirement in 39 CFR 3010.14(b)(9)
that the instant notice include all the
changes to the product descriptions
within the MCS that are necessitated by
the planned rate adjustments. Id. at 37.
These changes use the draft MCS
submitted by the Postal Service on
September 24, 2007, as supplemented
on November 20, 2007, as a base. Id.
Appendices. The Adjustment Notice
is accompanied by four appendices. The
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appendices are identified as Appendix
A, New Prices and Fees; Appendix B,
Worksharing Passthrough Tables;
Appendix C, Changes to (Proposed)
Mail Classification Schedule Language;
and Appendix D, Price Cap Calculation.
Attachments. The attachments consist
of workbooks the Postal Service has
prepared demonstrating how the prices
identified in the appendices comply
with the price cap. The five public
attachments are identified as USPS–
R2008–1/1: First-Class Mail Cap
Compliance; USPS–R2008–1/2:
Standard Mail Cap Compliance; USPS–
R2008–1/3: Periodicals Cap
Compliance; USPS–R2008–1/4: Package
Services Cap Compliance; and USPS–
R2008–1/5: Special Services Cap
Compliance. The non-public attachment
is identified as USPS–R2008–1/NP1:
Inbound Single-Piece First-Class Mail
International—Letter-Post (Input to
Attachment USPS–R2008–1/1). In
support of its request for confidential
treatment for this appendix, the Postal
Service invokes 39 U.S.C. 410(c)(2).
Conditional motion for waiver. The
Postal Service observes, in a footnote to
its Adjustment Notice, that it believes
that it has complied with all
requirements in the Commission’s rules;
however, to the extent that the
Commission concludes otherwise, it
moves for a waiver. Id. at 1.
VII. Class-Specific Summary of Price
Adjustments
Class Mail is the price of a stamp for
one-ounce, single-piece letters. It plans
to increase this price by 1 cent (2.44
percent), which is slightly less than CPI.
This increase also reflects the integer
(cent) rounding constraint traditionally
applied to this price. The Postal Service
notes that as a result, the presort letters/
postcard product has a modest abovethe-cap increase. Id.
Recognition of shape. The Postal
Service states that it has only modestly
increased the recognition of shape in
First-Class Mail flats and parcels on a
per-piece basis, given recent large
increases for those shapes in Docket No.
R2006–1. Id.
Nonmachinable surcharge. The Postal
Service states that it has set the
nonmachinable surcharge for singlepiece and non-automation presort letters
at 20 cents to increase recognition of
nonmachinability in prices. Id.
B. Standard Mail
The Postal Service identifies six
Standard Mail products: Letters; Flats;
Parcels and Not-Flat Machinables
(NFMs); High Density and Saturation
Letters; High Density and Saturation
Flats and Parcels; and Carrier Route
Letters, Flats, and Parcels. The planned
price changes for these products, in
percentage terms, range from 0.86
percent to 9.66 percent. Product-specific
changes appear in the following table.
TABLE VII–2
A. First-Class Mail
The Postal Service identifies six FirstClass Mail products: Single-piece
Letters/Postcards, Presorted Letters/
Postcards, Flats, Parcels, Outbound
Single-Piece First-Class Mail
International, and Inbound Single-piece
First-Class Mail International. The
planned price changes for these
products, in percentage terms, range
from 1.93 percent to 3.55 percent.
Product-specific changes appear in the
following table.
9365
Product
Letters .............................................
Flats ................................................
Parcels and NFMs ..........................
High Density/Saturation Letters ......
High Density/Saturation Flats and
Parcels ........................................
Carrier Route Letters, Flats and
Parcels ........................................
Overall ............................................
Percent
change
3.39
0.86
9.66
1.66
2.09
2.99
2.875
Id. at 15.
The Postal Service states the price
changes for the Letters and Flats
TABLE VII–1
products reflect its decision to moderate
Percent increases for catalog and other flats
Product
change mailers due to the large price increases
they experienced last year. It explains
Single-Piece Letters & Cards .........
2.50
that to moderate price increases for flats,
Presort Letters & Cards ..................
3.55
First-Class Flats ..............................
1.93 it has increased prices for letters by
First-Class Parcels .........................
2.18 slightly more than the cap. The prices
International ....................................
*3.09 for flats increase by less than the
Overall ............................................
2.889 increase in CPI–U (0.86 percent). The
Postal Service says that when combined
* This includes Inbound and Outbound Sinwith the change for carrier route, which
gle-Piece First-Class Mail International.
increases by 2.99 percent, flats as a
Id. at 13.
whole increase by 1.67 percent. Id.
The Postal Service also asserts that it
The Postal Service states that a major
is reducing the flats pound price slightly
driver of the overall increase for First-
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in absolute terms to provide some
additional relief for catalogs. It notes
that in some instances, more highly
presorted catalogs weighing more than
the break point will experience modest
price reductions. Id. at 15–16. The
Postal Service maintains that by
lowering the marginal cost of adding
pages, the pound price reduction will
also encourage catalog mailers to add
content to their catalogs. Id. at 16.
Standard Mail parcels. The Postal
Service notes that Standard Mail parcels
experience relatively large price
increases, reflecting the higher costs of
processing compared to other shapes. It
says this ‘‘will help bolster their
contribution.’’ Id. The Postal Service
also states that the current price
structure leads to less efficient
transportation and entry practices, and
asserts that the new prices move toward
providing parcels with ‘‘better cost
coverage and encourage efficient
dropship behavior by increasing the
incentive to take parcels to the delivery
unit.’’ Id. It further states that its pricing
for parcels ‘‘is also a further step in the
Postal Service’s ongoing harmonization
of all of its parcels offerings.’’ Id.
Carrier route mail. The Postal Service
characterizes its approach to carrier
route mail as one that only modestly
raises the pound price and results in an
increase that is very close to the cap. It
asserts that carrier route mail tends to
have market characteristics that are
more similar to non-carrier route
Standard Mail than to the saturation
mail with which it was formerly
grouped. It claims that with the advent
of delivery point sequencing of letters
and the expected implementation of the
Flats Sequencing System (FSS), the
relationship between carrier route and
less-dense preparation will remain
important. It says it expects to continue
monitoring the pricing of flats mail as
FSS advances, and will make
adjustments as necessary to take full
advantage of FSS operations while
considering the implications for
customers. Id.
Saturation and high-density mail. The
Postal Service says it plans modest,
below-cap increases for saturation and
high-density Standard Mail. Under its
approach, the pound price decreases
slightly, which the Postal Service asserts
is consistent with its recent pricing
proposals for saturation-type mail. Id. It
says that while it believes that further
consideration of the pound price is
warranted, it has chosen to make a
small, incremental reduction this year.
It says that a lower pound price should
help to encourage saturation mailers to
increase their content, as this is the
price mailers use when deciding
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whether it is economical to put
additional inserts and weight into
saturation mailings. Id. at 16–17.
Other efficiency-related adjustments.
The Postal Service notes that it makes
several additional adjustments designed
to improve mail processing efficiency. It
says some, like increased dropship
discounts for parcels and increased
incentives for automation, are discussed
in more detail in Part II.C. of its
Adjustment Notice. Id. at 17. It says it
also widens the price gap between
saturation letters and flats brought to the
destination sectional center facility, on
the expectation that this will reduce the
incentive for some mailers to convert
letter-size mail pieces to flats, which are
not as efficient to process and deliver.
Id.
C. Periodicals
The Postal Service identifies two
Periodicals products: Within County
Periodicals and Outside County
Periodicals. The planned price changes
are relatively close and both are below
the cap. Product-specific changes
appear in the following table.
TABLE VII–3
Percent
change
Product
Outside County ...............................
Within County .................................
Overall ............................................
2.713
2.630
2.710
The Postal Service also notes that its
FY 2007 Annual Compliance Report
indicated that Periodicals was the only
class of mail that did not cover its
attributable costs in the last fiscal year.
It asserts, however, that the new
Periodicals price structure was only in
effect for a small part of FY 2007, and
that the cost coverage calculated for that
year is therefore based primarily on the
costs and revenues resulting from
Docket No. R2005–1 prices. It says the
new structure is expected to have costsavings benefits as mailers respond to
the incentives it creates. It concludes
that an increase in May of this year, in
conjunction with last July’s increase and
increased mailer response to the new
structure, should help move Periodicals
toward cost-compensatory status. The
Postal Service also says it is working to
further understand and reduce
Periodicals costs, and has assembled a
task force for that purpose, consistent
with section 708 of the PAEA. Id.
D. Package Services
The Postal Service identifies five
Package Services products: Single-Piece
Parcel Post, Bound Printed Matter Flats,
Bound Printed Matter Parcels, Media
Mail/Library Mail, and Inbound Surface
Parcel Post (at Universal Postal Union
(UPU) rates). The planned price changes
range from a low of 0.42 percent to a
high of 4.54 percent. Product-specific
changes appear in the following table.
TABLE VII–4
Id. at 17.
Outside County. The Postal Service
notes that Outside County Periodicals
prices were restructured last July, and
asserts that this resulted in large price
increases for some customers groups,
particularly smaller publications. It says
it has therefore sought to limit the
degree to which the increase for any one
price element varies from the average
increase for the product, in the interest
of reducing the possibility of
substantially greater-than-average price
increases for any publication. Id. at 17–
18. It says that Periodicals efficiency
incentives ‘‘have generally been
maintained at their current levels.’’ Id.
at 18. It asserts that this will allow
Periodicals mailers to continue
adjusting to the new framework while
allowing the Postal Service to continue
studying the effect of the new structure
on mailers. It asserts that in future price
adjustments, it will be able to use this
information, as well as the banked
pricing authority (of 0.190 percent)
generated by the planned increase in
this case in pricing decisions to improve
the profitability of Periodicals. Id.
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Product
Single-Piece Parcel Post ................
BPM Flats .......................................
BPM Parcels ...................................
Media Mail and Library Mail ...........
Inbound Surface Parcel Post .........
Overall ............................................
Percent
change
3.30
0.42
2.10
4.54
* 2.62
2.876
*The Postal Service notes that prices for Inbound (International) Surface Parcel Post (at
UPU rates) are determined by the Universal
Postal Union and are not under its (the Postal
Service’s) control. Id. at 19, n.15.
Id. at 19.
Medial Mail/Library Mail. The Postal
Service states that in Package Services,
it has focused on improving the
profitability of Media Mail/Library Mail
and single-piece Parcel Post. It notes
that the most recent Annual Compliance
Report indicates that Media Mail/
Library Mail have a very low cost
coverage, so it plans to increase the
prices for this product by an overall
percentage greater than the cap.
However, the Postal Service maintains
that the prices for this product remain
relatively low, in recognition of its
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‘‘educational, scientific, cultural, and
informational value.’’ Id. The Postal
Service further notes that within this
product, the prices for the 5-digit
presort categories increase by greater
than the product average. It asserts these
categories currently receive discounts
that exceed avoided costs by more than
is necessary, so the discounts are
accordingly reduced. Id.
Single-piece Parcel Post. The Postal
Service plans to raise the prices for
single-piece Parcel Post slightly above
the cap to improve its cost coverage. It
says that within this product, and
consistent with its approach in Docket
No. R2006–1, it plans to increase intraBMC prices by more, on average, than
inter-BMC prices. Id. It says the overall
average price increase is 5.79 percent for
intra-BMC and 2.56 percent for interBMC, for a combined average increase of
3.30 percent. Id. at 19–20.
The Postal Service adds that no intraBMC base (machinable) prices decrease,
but says ‘‘a handful’’ of inter-BMC base
prices decrease, by up to 5 percent
(Oversized, Zone 8). It also says that
because non-machinable Parcel Post
parcels were on average smaller in FY
2007 than in previous years, both the
intra-BMC and inter-BMC
nonmachinable surcharges are reduced
by 5 percent. Id. at 20.
Bound Printed Matter (BPM). The
Postal Service plans to set BPM prices
below the price cap, to offset the larger
increases in single-piece Parcel Post and
Media Mail/Library Mail, and to remain
below the price cap. Id. Within BPM,
the prices for flats (which the Postal
Service identifies as primarily heavy
catalogs) increase by a lesser percentage
than parcels (which primarily reflect
order fulfillment). The Postal Service
says this continues, but does not
conclude, the shape-based de-averaging
that began in Docket No. R2001–1, and
that it reflects the overall lower costs of
processing and delivering flats, as
opposed to parcels, and is designed to
encourage increased volume of lowercost, flat-shaped catalogs. Id.
In addition, the Postal Service says it
increases the pound prices for both
parcels and flats ‘‘to ensure better
coverage of transportation costs,
particularly for short-distance mail
pieces, and to harmonize the BPM
pricing structure with other Package
Services prices.’’ The Postal Service
says these changes lead to larger price
increases for heavier weight pieces, and
for closer-in zones, and to relatively
smaller increases for some lighter pieces
and pieces going to farther zones. Id.
Dropship discounts. The Postal
Service plans to reduce the dropship
discounts to destination bulk mail
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centers and destination sectional center
facilities, and to increase the discount to
destination delivery unit, on grounds
that this will provide more efficient
price signals. It asserts that the first two
discounts are too heavily discounted
relative to their avoided costs, while the
third needs to be increased. Id. at 21.
E. Special Services
The Postal Service identifies 11
Special Services products: Ancillary
Services; International Ancillary
Services; Address List Services; Caller
Service; Change-of-Address Credit Card
Authentication; Confirm; International
Reply Coupon Service; International
Business Reply Mail Service; Money
Orders; Post Office Box Service; and
Premium Forwarding Service. The
planned overall increase is 2.848
percent. Id. The Postal Service did not
present a product-specific table of
changes.5
The Postal Service states that for
many Special Services, fee increases
were generally designed to be close to
the percentage increase in CPI–U, while
maintaining consistency with historical
rounding constraints. Id. It says that
Special Services affected by this
approach include Business Reply Mail;
Certified Mail; Caller Service; Address
List Services (for example, List
Correction and ZIP Coding of mailing
lists); Account Maintenance;
Application and Mailing Permit fees;
Parcel Airlift Service; Post Office Boxes;
Return Receipt (the Green Card);
electronic Signature Confirmation;
Shipper Paid Forwarding; and Special
Handling. Id. The Postal Service states
the greater increases for Electronic
Return Receipt and Return Receipt After
Mailing reflect their high value of
service. Id. at 21, n.17.
Certified Mail. The Postal Service
observes that Certified Mail has a
significant effect on the percentage
increase for this class. It says that the
Certified Mail fee, with a nickel
rounding constraint, increases by 5
cents, or 1.9 percent. The Postal Service
says this was chosen, rather than the
alternative increase of 10 cents, or 3.8
percent, because a 3.8 percent increase
5 The Errata supplies price charts that were
missing from Appendix A in the Postal Service’s
February 11, 2008 filing for the following nonancillary special services: 1515 Address List
Services; 1520 Caller Service; 1525 Change-ofAddress Credit Card Authorization; 1530 Confirm;
1545 Money Orders; 1550 Post Office Box Service;
and 1555 Premium Forwarding Service. The Errata
also states that three incorrect insurance fees have
been identified on page 31 of 35 of Appendix A.
It provides a revised page 31 with the correct fees.
The Postal Service says it will post amended or
corrected versions of all prices and fees in locations
under the control of the Postal Service.
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9367
for Certified Mail, coupled with its
relatively large size, would have
required many other fees within Special
Services to be priced well below the
cap. The Postal Service considers this
contrary to the high value many of the
other fees provide. Id. at 22.
Address Correction Service (ACS). For
ACS, the Postal Service says the price
increases are designed to address
increased costs and reflect the value this
service provides. It states that two of the
fees (the One Code ACS ‘‘additional
notices’’ fee for First-Class Mail letters
and the One Code ACS ‘‘first two
notices’’ fee for Standard Mail letters)
increase by $0.01. Id. It says the
additional notice fee for Standard Mail
increases by $0.03, paralleling the
percentage increase for First-Class Mail.
It says no price changes are made to the
Manual and Electronic ‘‘Other’’ fees, to
encourage better addresses. Id.
Certificate of Mailing. The Postal
Service asserts that in Certificate of
Mailing, it designed fees for individual
pieces to increase by a percentage as
close to the cap percentage as possible,
consistent with the historical nickel
rounding constraint for this special
service. However, it increases fees for
Certificates of Mailing for bulk pieces
slightly above the cap to reflect the low
price compared to a high value of
service. Id.
Confirm. The Postal Service observes
that there has been a recent decrease in
the number of end user subscribers for
Confirm. It says that the planned new
prices nonetheless retain the existing
unlimited scan option, but that this tier
receives a larger increase to reflect the
changing subscriber base. Id.
Insurance. The Postal Service states
that the planned above-average price
increases for the $50.01 to $100 fee and
the $100.01 to $200 fee are intended to
smooth the price relationships among
the various increments. It says the
increase in the incremental fee reflects
the increased value of service provided
as the item’s value increases. Id. at 22–
23.
Registered Mail. The Postal Service
plans to increase fees for Registered
Mail by an average of 7.3 percent to
reflect the high value of service offered,
and to improve the very low cost
coverage. Id. at 23.
Stamped Envelopes. The Postal
Service does not plan to increase the
fees for single-piece stamped envelopes
in recognition of the users of these
envelopes. It says it keeps the fees for
plain envelopes in packs of 500 as close
to the cap as possible within the
rounding constraints. Fees for
personalized envelopes, however,
increase by more than the cap to reflect
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the convenience this service provides.
Id.
Stamped Cards. The Postal Service
plans to increase the fee for a single
Stamped Card by the minimum amount
of $0.01, which is a 50 percent increase.
It also increases the other Stamped
Cards fees by 50 percent. Id.
Bulk Parcel Return Service. The Postal
Service states that the increase in the
per-piece fee is similar to the general
increase for Standard Mail parcels,
which comprises this category. Id.
Restricted Delivery, Collect on
Delivery Notice of Nondelivery and
Alteration of Charges, and Money Order
inquiries. The Postal Service says the
larger-than-average fee increases for
these services reflect their high value of
service. Id.
International special services. The
Postal Service says its general approach
to international special services has
been to set fees for those services that
are similar to the fees for the equivalent
domestic service, and that it has
followed this approach for International
Certificates of Mailing; International
Registered Mail; International Return
Receipts; and International Restricted
Delivery. Id. at 23.
VIII. Mail Classification Schedule
Product Description Changes
The Postal Service addresses
§ 3010.14(b)(9) in Part III of its
Adjustment Notice. Id. at 37–38. This
rule requires that the Adjustment Notice
include all the changes to the product
descriptions within the MCS that are
necessitated by the planned price
adjustments. The Postal Service
provides the proposed MCS revisions in
Appendix C. It notes that the changes
are based on the draft MCS it submitted
on September 24, 2007 (as
supplemented on November 20, 2007).
Id. at 37. Revisions are made to the MCS
in Outbound Single-Piece First-Class
Mail International and in Outside
County Periodicals.
International Mail. The MCS changes
related to International Mail reflect
changes to the International Mail
Manual (IMM) that expand the number
of country groups for First-Class Mail
International to nine; implement the
new shape-based prices for letters, large
envelopes (flats), and packages (small
packets); and apply the nonmachinable
surcharge to all nonmachinable letters,
regardless of weight. The Postal Service
states that notice of the IMM changes is
being placed on https://www.USPS.com
and will be published shortly in the
Federal Register. Id.
Outside County Periodicals. The
Postal Service states that the MCS
revisions for this product reflect the
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changes to the Domestic Mail Manual
(DMM) required to implement 39 U.S.C.
3626(g)(4), which authorizes the
provision of a discount for the Outside
County pieces of a Periodicals
publication having fewer than 5,000
Outside County pieces, and at least one
Within County piece. The Postal Service
states that the DMM changes
implementing this new discount are
being placed on https://www.USPS.com
and will be published shortly in the
Federal Register. Id. at 37–38.
IX. Ordering Paragraphs
It Is Ordered
1. The Commission establishes Docket
No. R2008–1 to consider the planned
price adjustments in rates and fees for
market dominant postal products and
services identified in the Postal
Service’s February 11, 2008 Notice of
Market-Dominant Price Adjustment.
2. The Commission establishes a 20day period for public comment on the
planned price adjustments. This period
extends through March 3, 2008.
3. The Commission appoints Kenneth
E. Richardson as officer of the
Commission to represent the interests of
the general public in this proceeding.
4. The Commission directs the
Secretary of the Commission to arrange
for prompt publication of this notice in
the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–3163 Filed 2–19–08; 8:45 am]
BILLING CODE 7710–FW–P
UNITED STATES POSTAL SERVICE
BOARD OF GOVERNORS
Sunshine Act Meeting; Notification of
Item Added to Meeting Agenda
DATE OF MEETING:
STATUS:
January 29, 2008.
Closed.
73 FR 3760,
January 22, 2008.
ADDITION:
1. Consideration of Rate and
Classification Changes.
At its closed meeting on January 29,
2008, the Board of Governors of the
United States Postal Service voted
unanimously to add this item to the
agenda of its closed meeting and that no
earlier announcement was possible. The
General Counsel of the United States
Postal Service certified that in her
opinion discussion of this item could be
properly closed to public observation.
CONTACT PERSON FOR MORE INFORMATION:
Wendy A. Hocking, Secretary of the
PREVIOUS ANNOUNCEMENT:
PO 00000
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Board, U.S. Postal Service, 475 L’Enfant
Plaza, SW., Washington, DC 20260–
1000.
Wendy A. Hocking,
Secretary.
[FR Doc. 08–778 Filed 2–14–08; 4:03 pm]
BILLING CODE 7710–12–M
SECURITIES AND EXCHANGE
COMMISSION
Submissions for OMB Review;
Comment Request;
Upon Written Request; Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213
Extensions:
Rule 163; OMB Control No. 3235–0619;
SEC File No. 270–556.
Rule 173; OMB Control No. 3235–0618;
SEC File No. 270–557.
Rule 433; OMB Control No. 3235–0617;
SEC File No. 270–558.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget these
requests for extension of the previously
approved collections of information
discussed below.
Rule 163 (17 CFR 230.163) provides
an exemption from Section 5(c) (15
U.S.C. 77e(c)) under the Securities Act
of 1933 (15 U.S.C. 77a et seq.) for certain
communications by or on behalf of a
well-known seasoned issuer. The
information filed under Rule 163 is
publicly available. We estimate that it
takes approximately .24 burden hours
per response to provide the information
required under Rule 163 and that the
information is filed by 53 respondents
for a total annual reporting burden of
approximately 13 hours. We estimate
that 25% of .24 hours per response (.06
hours) is prepared by the company for
a total annual burden of approximately
3 hours (.06 hours per response × 53
responses).
Rule 173 (17 CFR 230.173) provides a
notice of registration to investors who
purchased securities in a registered
offering under the Securities Act of 1933
(15 U.S.C. 77a et seq.). The Rule 173
notice must be provided by each
underwriter or dealer to each purchaser
of securities. We estimate that it takes
approximately .01 hour per response to
provide the information required under
Rule 173 and that the information is
filed by 5,338 companies approximately
43,546 times a year for a total of
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Agencies
[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Notices]
[Pages 9363-9368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3163]
=======================================================================
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POSTAL REGULATORY COMMISSION
[Docket No. R2008-1; Order No. 59]
Administrative Practice and Procedure; Postal Service
AGENCY: Postal Regulatory Commission.
ACTION: Notice and order.
-----------------------------------------------------------------------
SUMMARY: The Commission is conducting a formal review of the Postal
Service's planned rate adjustments for essentially all products in the
market dominant category, which includes the First-Class stamp, and
limited classification revisions. The adjustments are based on a
statutory price cap. A public comment period extends through March 3,
2008. This will be followed by a Commission determination on the
consistency of the adjustments with certain considerations. The new
rates and the classification revisions are expected to take effect May
12, 2008.
DATES: March 3, 2008: Deadline for public comments.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
Regulatory History
1. 72 FR 63662 (November 9, 2007).
2. 72 FR 64155 (November 15, 2007).
3. 73 FR 6426 (February 4, 2008).
I. Overview
A. Background
On February 11, 2008, the United States Postal Service (Postal
Service) filed with the Postal Regulatory Commission (Commission) a
document captioned United States Postal Service Notice of Price
Adjustment (Adjustment Notice).\1\ This document was filed pursuant to
39 U.S.C. 3622(d)(1)(C) and part 3010 of the Commission's Rules of
Practice and Procedure. It announces the Postal Service's intention to
adjust rates for all products in its market dominant business category
on May 12, 2008, in amounts that are, on average, within a 2.9 percent
statutory price cap for each class. The Commission notes that the
average change, in some instances, includes significant percentage
changes within a class. Moreover, in limited situations, prices for
some products in some classes do not change.
---------------------------------------------------------------------------
\1\ See also United States Postal Service Notice of Filing
Supplement to Appendix A, New Prices and Fees, to Notice of Market-
Dominant Price Adjustment (February 12, 2008) Errata, February 12,
2008 (Errata). The Errata supplies price charts that were missing
from Appendix A in the Postal Service's February 11, 2008 filing for
seven non-ancillary special services. The section in this notice on
special services provides further details.
---------------------------------------------------------------------------
The Adjustment Notice also addresses several limited classification
revisions affecting single-piece domestic International Mail and
identifies a limited classification change affecting Periodicals. The
International Mail changes are largely designed to mirror the domestic
structure. The Periodicals change reflects a provision in the Postal
Accountability and Enhancement Act of 2006 (PAEA) extending a rate
preference to certain mailers.
B. Context
The filing of the Adjustment Notice marks the first instance in
which the Postal Service is exercising its authority, under the PAEA
and related Commission rules, to make an annual adjustment in rates for
products in the market dominant category under a new streamlined,
index-based approach. The market dominant product category is one of
two business lines established in the PAEA. It includes First-Class
Mail letters and sealed parcels; First-Class Mail cards; Periodicals;
Standard Mail; Single-piece Parcel Post; Media Mail; Bound Printed
Matter; Library Mail; Special Services; and Single-piece International
Mail. 39 U.S.C. 3621. The other line is the Competitive Products
category, which includes Priority Mail; Expedited Mail; Bulk Parcel
Post; Bulk International Mail; and Mailgrams.\2\ 39 U.S.C. 3631. Rate
and fee adjustments for each business category are governed by
different procedures.
---------------------------------------------------------------------------
\2\ Mailgram service was terminated on August 17, 2006. See
Postal Bulletin 22192, October 26, 2006, at 5.
---------------------------------------------------------------------------
C. Statutory Price Cap
The statutory price cap is a new mechanism for adjusting rates for
market dominant products, and a key element in the new process for
changing postal rates established pursuant to the PAEA. It represents a
weighted annual increase in the CPI-U for the past 12 months,
calculated under Commission rules implementing the PAEA.\3\ The price
cap was expressly adopted in the PAEA and, in conjunction with a short
review period, replaces a much longer, more litigious, trial-type
ratemaking approach that was in place since 1970.
---------------------------------------------------------------------------
\3\ The references to CPI-U is to the Department of Labor's
Consumer Price Index for All Urban Consumers.
---------------------------------------------------------------------------
II. Impact on Mailers
Summary. The planned adjustments, summarized in terms of percentage
change at the class level, are: First-Class Mail, 2.889 percent;
Standard Mail, 2.875 percent; Periodicals, 2.710 percent; Package
Services, 2.876 percent; and Special Services, 2.848 percent. Each
percentage is below the statutory price cap. Adjustment Notice at 5.
The First-Class stamp. The planned change in the First-Class
postage stamp, which is widely used by the general public for eligible
mail weighing an ounce or less, is an increase of 1 cent. This raises
the rate from its current level of 41 cents to 42 cents. For the second
ounce of First-Class single-piece mail, the planned rate goes from 58
cents to 59 cents, on the same basis. Id. at 3; Appendix A at 1.
The Forever Stamp. As a result of Docket No. R2006-1, the Postal
Service introduced a First-Class Mail ``Forever Stamp.'' The price of
this stamp at the time of its introduction was 41 cents, which equated
to the Docket No. R2006-1 price for the first ounce of single-piece
First Class Mail. This stamp will continue to be sold for 41 cents
until May 12, 2008, and will cover postage for mailing single-piece
First-Class Mail even after the anticipated price increase to 42 cents
on May 12, 2008. However, on and after May 12, under the planned
adjustments, a new purchase of a Forever Stamp will be at the 42-cent
rate. These stamps, like the original issue, will continue to cover the
mailing of one-ounce single-piece First-Class Mail, regardless of
future increases in the underlying rate.
III. Unused Rate Adjustment Authority
The Postal Service notes that it has no unused rate adjustment
authority available for use in this price change. It further states
that while it was its
[[Page 9364]]
general intent to fully use its authority under the cap in this price
change, it has not met the cap percentage precisely. It attributes this
largely to the effect of rounding. Id. at 5. Accordingly, the Postal
Service states that it is banking the residual amount below 2.9 percent
for each class in accordance with the following schedule:
Table III-1
------------------------------------------------------------------------
Percent
Class change
------------------------------------------------------------------------
First-Class Mail.............................................. 0.011
Standard Mail................................................. 0.025
Periodicals................................................... 0.190
Package Services.............................................. 0.024
Special Services.............................................. 0.052
------------------------------------------------------------------------
Id. at 5 (footnote omitted).
IV. Consistency of Adjustment Notice with Commission Rules
Relationship of streamlined procedures to intended implementation
date. Commission rules implementing the PAEA require the Postal Service
to file notice of its intention to adjust market dominant rates at
least 45 days prior to the intended implementation date. The Commission
notes, in this instance, that the Postal Service is providing more than
the minimum amount of notice, given that the anticipated effective date
is May 12, 2008.
V. Commission Action
In Docket No. RM2007-1, the Commission developed a set of
procedures to carry out its review of an Adjustment Notice in
accordance with the PAEA and pertinent provisions of the Administrative
Procedure Act. Pursuant to these procedures, the filing of an
Adjustment Notice triggers a requirement that the Commission establish
a formal docket to review the consistency of the planned adjustments
with regulations that subsume legal provisions, policy issues, and
technical matters. Requirements related to public notice, official
publication, public representation, a public comment period, and other
matters also attach to the review.
The Commission takes several steps at this time in conformance with
these requirements. First, it has posted the Postal Service's
Adjustment Notice on its Web site, https://www.prc.gov. It also has made
the Adjustment Notice available for copying and inspection during
regular business hours (8 a.m. to 4:30 p.m.) at the Commission, 901 New
York Avenue, NW., Suite 200, Washington, DC 20268-0001. Any subsequent
Postal Service filings in this docket, along with any written comments
and filings by others, also will be posted on the Commission's Web site
and made available for public inspection and copying at the Commission
during regular business hours.
Second, the Commission establishes the requisite formal docket,
captioned Docket No. R2008-1, Notice of Price Adjustment, to conduct
its mandatory review of the Postal Service's planned rate adjustments.
It notes that this review is conducted under the legal authority of 39
U.S.C. 3622.
The Commission's intention is to conduct this review by bringing
its judgment to bear on the basis of the material presented in the
Adjustment Notice, the objectives, factors and requirements of the
PAEA, including referenced postal policies, Commission rules, and
public comments.
Third, the Commission issues this notice addressing the Adjustment
Notice and related matters, in conformance with Sec. 3010.13. It also
directs the Secretary of the Commission to arrange for prompt
publication of this notice and order in the Federal Register. It
appoints Kenneth E. Richardson to represent the interests of the
general public in conformance with Sec. 3010.13(a)(4).
Public comment period; focus of comments. The Commission designates
a 20-day comment period starting from the date of the filing of the
Adjustment Notice in conformance with Sec. 3010.13(a)(5). By operation
of Commission Sec. 3001.15 on computation of time, the comment period,
which otherwise would end on March 2, 2008, extends through close of
business on March 3, 2008. Section 3010.13(b) provides that public
comments should focus primarily on whether planned rate adjustments
comply with the following mandatory requirements of 39 U.S.C. chapter
36, subchapter I:
(1) Whether the planned rate adjustments measured using the
formula established in rule 3010.23(b) are at or below the annual
limitation established in rule 3010.11; and
(2) Whether the planned rate adjustments measured using the
formula established in rules 3010.23(b) are at or below the
limitations established in rule 3010.28.
Method for filing comments. The formal intervention process set out
in the Commission's rules does not apply in this type of docket.
Instead, interested persons are to submit comments electronically via
the Commission's Filing Online system. The Commission will provide
assistance to anyone not familiar with this method of filing. Those
seeking assistance should contact either the docket section at 202-789-
6846 or Kenneth E. Richardson, the officer of the Commission in this
case, at 202-789-6859.
Additional procedural steps; timetable. Section 39 CFR 3010.13(c)
provides that the Commission, within 14 days of the conclusion of the
public comment period will determine, at a minimum, whether the planned
rate adjustments are consistent with the annual limitation set forth in
39 CFR 3010.11; the limitations set forth in 39 CFR 3010.28; and 39
U.S.C. 3626, 3627 and 3629, and issue an order announcing its findings.
In this instance, the deadline for the Commission's determination is
March 17, 2008. If the planned rate adjustments are found consistent
with applicable law by the Commission, they may take effect pursuant to
appropriate action by the Postal Service Governors. In the event the
Commission determines that planned rate adjustments are not consistent
with applicable considerations, additional procedures apply. See 39 CFR
3010.13(c) through 3010.13(i).
VI. Summary of Contents of Postal Service Adjustment Notice
Background. Commission rule 39 CFR 3010.14 requires the Postal
Service to include certain explanatory and supporting information in
each Adjustment Notice, but leaves organization of the notice and
presentation of the requisite material to the discretion of the Postal
Service. The purpose of the information the Postal Service provides is
to facilitate expeditious review of the consistency of the Adjustment
Notice with pertinent considerations.
Organization of Adjustment Notice. The Adjustment Notice in this
docket consists of an introductory section; three sections designated
as parts; four appendices; six attachments; a request for confidential
treatment for certain International Mail data; and a conditional motion
for waiver.\4\
---------------------------------------------------------------------------
\4\ See Adjustment Notice at 1 and 4.
---------------------------------------------------------------------------
Introductory section. The Postal Service identifies the planned
effective date as May 12, 2008, in conformance with 39 CFR
3010.14(a)(2), in the general introduction. It also represents, in
conformance with the notice requirements of 39 CFR 3010.14(a)(3), that
it will issue public notice of the planned rate changes at least 45
days before the effective date via several means in addition to its
Adjustment Notice. Specifically, it states that this includes issuing
notice of the price changes, on the same day of its filing with the
Commission, on the Postal
[[Page 9365]]
Service's Web site (https://www.usps.com), the Postal Explorer Web site
(https://www.pe.usps.com), the DMM [Domestic Mail Manual ] Advisory, and
the P&C [Producers and Consumers] Weekly; and a press release
announcing the changes. The Postal Service also states that it plans to
provide public notice of the price changes in future issues of the PCC
[Postal Customer Council ] Insider, MailPro (March/April issue) and the
Postal Bulletin. Id. at 1-2.
The Postal Service identifies Joseph D. Moeller, Manager of
Pricing, as the Postal Service official who will be available to
provide prompt responses to requests for clarification from the
Commission. In the remainder of the Adjustment Notice, it provides
supporting technical information and justifications, including
workpapers where applicable. 39 CFR 3010.13(a)(1), 3010.13(a)(3),
3010.13(a)(4), and 3010.14(b). Id.
Part I. The Postal Service represents that the material presented
in Part I, captioned Price Cap Compliance, complies with 39 CFR
3010.14(b)(1) through (4) by identifying the amount of the applicable
price cap; the percentage change in prices for each class of mail; the
amount of any unused rate (price) adjustment authority available for
each class of mail; and the amount of any unused rate adjustment
authority generated by this price change. Id. at 5. It notes that the
instant price change, in its view, does not include any ``new workshare
discounts'' within the meaning of Sec. 3010.14(c). Id. at 5-6 and 6,
n.7.
Part II. The Postal Service represents that the material presented
in Part II, captioned Description of the Prices, responds to 39 CFR
3010.14(b)(7) and (8). These rules require the Postal Service to
discuss how the planned price ``help achieve'' the objectives of 39
U.S.C. 3622(b) and ``properly take into account'' the factors of 39
U.S.C. 3622(c); and how the planned prices are consistent with 39
U.S.C. 3626, 3627 and 3629.
Part III. The Postal Service represents that Part III, captioned
MCS [Mail Classification Schedule] Product Description Changes,
responds to the requirement in 39 CFR 3010.14(b)(9) that the instant
notice include all the changes to the product descriptions within the
MCS that are necessitated by the planned rate adjustments. Id. at 37.
These changes use the draft MCS submitted by the Postal Service on
September 24, 2007, as supplemented on November 20, 2007, as a base.
Id.
Appendices. The Adjustment Notice is accompanied by four
appendices. The appendices are identified as Appendix A, New Prices and
Fees; Appendix B, Worksharing Passthrough Tables; Appendix C, Changes
to (Proposed) Mail Classification Schedule Language; and Appendix D,
Price Cap Calculation.
Attachments. The attachments consist of workbooks the Postal
Service has prepared demonstrating how the prices identified in the
appendices comply with the price cap. The five public attachments are
identified as USPS-R2008-1/1: First-Class Mail Cap Compliance; USPS-
R2008-1/2: Standard Mail Cap Compliance; USPS-R2008-1/3: Periodicals
Cap Compliance; USPS-R2008-1/4: Package Services Cap Compliance; and
USPS-R2008-1/5: Special Services Cap Compliance. The non-public
attachment is identified as USPS-R2008-1/NP1: Inbound Single-Piece
First-Class Mail International--Letter-Post (Input to Attachment USPS-
R2008-1/1). In support of its request for confidential treatment for
this appendix, the Postal Service invokes 39 U.S.C. 410(c)(2).
Conditional motion for waiver. The Postal Service observes, in a
footnote to its Adjustment Notice, that it believes that it has
complied with all requirements in the Commission's rules; however, to
the extent that the Commission concludes otherwise, it moves for a
waiver. Id. at 1.
VII. Class-Specific Summary of Price Adjustments
A. First-Class Mail
The Postal Service identifies six First-Class Mail products:
Single-piece Letters/Postcards, Presorted Letters/Postcards, Flats,
Parcels, Outbound Single-Piece First-Class Mail International, and
Inbound Single-piece First-Class Mail International. The planned price
changes for these products, in percentage terms, range from 1.93
percent to 3.55 percent. Product-specific changes appear in the
following table.
Table VII-1
------------------------------------------------------------------------
Percent
Product change
------------------------------------------------------------------------
Single-Piece Letters & Cards.................................. 2.50
Presort Letters & Cards....................................... 3.55
First-Class Flats............................................. 1.93
First-Class Parcels........................................... 2.18
International................................................. *3.09
Overall....................................................... 2.889
------------------------------------------------------------------------
* This includes Inbound and Outbound Single-Piece First-Class Mail
International.
Id. at 13.
The Postal Service states that a major driver of the overall
increase for First-Class Mail is the price of a stamp for one-ounce,
single-piece letters. It plans to increase this price by 1 cent (2.44
percent), which is slightly less than CPI. This increase also reflects
the integer (cent) rounding constraint traditionally applied to this
price. The Postal Service notes that as a result, the presort letters/
postcard product has a modest above-the-cap increase. Id.
Recognition of shape. The Postal Service states that it has only
modestly increased the recognition of shape in First-Class Mail flats
and parcels on a per-piece basis, given recent large increases for
those shapes in Docket No. R2006-1. Id.
Nonmachinable surcharge. The Postal Service states that it has set
the nonmachinable surcharge for single-piece and non-automation presort
letters at 20 cents to increase recognition of nonmachinability in
prices. Id.
B. Standard Mail
The Postal Service identifies six Standard Mail products: Letters;
Flats; Parcels and Not-Flat Machinables (NFMs); High Density and
Saturation Letters; High Density and Saturation Flats and Parcels; and
Carrier Route Letters, Flats, and Parcels. The planned price changes
for these products, in percentage terms, range from 0.86 percent to
9.66 percent. Product-specific changes appear in the following table.
Table VII-2
------------------------------------------------------------------------
Percent
Product change
------------------------------------------------------------------------
Letters....................................................... 3.39
Flats......................................................... 0.86
Parcels and NFMs.............................................. 9.66
High Density/Saturation Letters............................... 1.66
High Density/Saturation Flats and Parcels..................... 2.09
Carrier Route Letters, Flats and Parcels...................... 2.99
Overall....................................................... 2.875
------------------------------------------------------------------------
Id. at 15.
The Postal Service states the price changes for the Letters and
Flats products reflect its decision to moderate increases for catalog
and other flats mailers due to the large price increases they
experienced last year. It explains that to moderate price increases for
flats, it has increased prices for letters by slightly more than the
cap. The prices for flats increase by less than the increase in CPI-U
(0.86 percent). The Postal Service says that when combined with the
change for carrier route, which increases by 2.99 percent, flats as a
whole increase by 1.67 percent. Id.
The Postal Service also asserts that it is reducing the flats pound
price slightly
[[Page 9366]]
in absolute terms to provide some additional relief for catalogs. It
notes that in some instances, more highly presorted catalogs weighing
more than the break point will experience modest price reductions. Id.
at 15-16. The Postal Service maintains that by lowering the marginal
cost of adding pages, the pound price reduction will also encourage
catalog mailers to add content to their catalogs. Id. at 16.
Standard Mail parcels. The Postal Service notes that Standard Mail
parcels experience relatively large price increases, reflecting the
higher costs of processing compared to other shapes. It says this
``will help bolster their contribution.'' Id. The Postal Service also
states that the current price structure leads to less efficient
transportation and entry practices, and asserts that the new prices
move toward providing parcels with ``better cost coverage and encourage
efficient dropship behavior by increasing the incentive to take parcels
to the delivery unit.'' Id. It further states that its pricing for
parcels ``is also a further step in the Postal Service's ongoing
harmonization of all of its parcels offerings.'' Id.
Carrier route mail. The Postal Service characterizes its approach
to carrier route mail as one that only modestly raises the pound price
and results in an increase that is very close to the cap. It asserts
that carrier route mail tends to have market characteristics that are
more similar to non-carrier route Standard Mail than to the saturation
mail with which it was formerly grouped. It claims that with the advent
of delivery point sequencing of letters and the expected implementation
of the Flats Sequencing System (FSS), the relationship between carrier
route and less-dense preparation will remain important. It says it
expects to continue monitoring the pricing of flats mail as FSS
advances, and will make adjustments as necessary to take full advantage
of FSS operations while considering the implications for customers. Id.
Saturation and high-density mail. The Postal Service says it plans
modest, below-cap increases for saturation and high-density Standard
Mail. Under its approach, the pound price decreases slightly, which the
Postal Service asserts is consistent with its recent pricing proposals
for saturation-type mail. Id. It says that while it believes that
further consideration of the pound price is warranted, it has chosen to
make a small, incremental reduction this year. It says that a lower
pound price should help to encourage saturation mailers to increase
their content, as this is the price mailers use when deciding whether
it is economical to put additional inserts and weight into saturation
mailings. Id. at 16-17.
Other efficiency-related adjustments. The Postal Service notes that
it makes several additional adjustments designed to improve mail
processing efficiency. It says some, like increased dropship discounts
for parcels and increased incentives for automation, are discussed in
more detail in Part II.C. of its Adjustment Notice. Id. at 17. It says
it also widens the price gap between saturation letters and flats
brought to the destination sectional center facility, on the
expectation that this will reduce the incentive for some mailers to
convert letter-size mail pieces to flats, which are not as efficient to
process and deliver. Id.
C. Periodicals
The Postal Service identifies two Periodicals products: Within
County Periodicals and Outside County Periodicals. The planned price
changes are relatively close and both are below the cap. Product-
specific changes appear in the following table.
Table VII-3
------------------------------------------------------------------------
Percent
Product change
------------------------------------------------------------------------
Outside County................................................ 2.713
Within County................................................. 2.630
Overall....................................................... 2.710
------------------------------------------------------------------------
Id. at 17.
Outside County. The Postal Service notes that Outside County
Periodicals prices were restructured last July, and asserts that this
resulted in large price increases for some customers groups,
particularly smaller publications. It says it has therefore sought to
limit the degree to which the increase for any one price element varies
from the average increase for the product, in the interest of reducing
the possibility of substantially greater-than-average price increases
for any publication. Id. at 17-18. It says that Periodicals efficiency
incentives ``have generally been maintained at their current levels.''
Id. at 18. It asserts that this will allow Periodicals mailers to
continue adjusting to the new framework while allowing the Postal
Service to continue studying the effect of the new structure on
mailers. It asserts that in future price adjustments, it will be able
to use this information, as well as the banked pricing authority (of
0.190 percent) generated by the planned increase in this case in
pricing decisions to improve the profitability of Periodicals. Id.
The Postal Service also notes that its FY 2007 Annual Compliance
Report indicated that Periodicals was the only class of mail that did
not cover its attributable costs in the last fiscal year. It asserts,
however, that the new Periodicals price structure was only in effect
for a small part of FY 2007, and that the cost coverage calculated for
that year is therefore based primarily on the costs and revenues
resulting from Docket No. R2005-1 prices. It says the new structure is
expected to have cost-savings benefits as mailers respond to the
incentives it creates. It concludes that an increase in May of this
year, in conjunction with last July's increase and increased mailer
response to the new structure, should help move Periodicals toward
cost-compensatory status. The Postal Service also says it is working to
further understand and reduce Periodicals costs, and has assembled a
task force for that purpose, consistent with section 708 of the PAEA.
Id.
D. Package Services
The Postal Service identifies five Package Services products:
Single-Piece Parcel Post, Bound Printed Matter Flats, Bound Printed
Matter Parcels, Media Mail/Library Mail, and Inbound Surface Parcel
Post (at Universal Postal Union (UPU) rates). The planned price changes
range from a low of 0.42 percent to a high of 4.54 percent. Product-
specific changes appear in the following table.
Table VII-4
------------------------------------------------------------------------
Percent
Product change
------------------------------------------------------------------------
Single-Piece Parcel Post...................................... 3.30
BPM Flats..................................................... 0.42
BPM Parcels................................................... 2.10
Media Mail and Library Mail................................... 4.54
Inbound Surface Parcel Post................................... * 2.62
Overall....................................................... 2.876
------------------------------------------------------------------------
*The Postal Service notes that prices for Inbound (International)
Surface Parcel Post (at UPU rates) are determined by the Universal
Postal Union and are not under its (the Postal Service's) control. Id.
at 19, n.15.
Id. at 19.
Medial Mail/Library Mail. The Postal Service states that in Package
Services, it has focused on improving the profitability of Media Mail/
Library Mail and single-piece Parcel Post. It notes that the most
recent Annual Compliance Report indicates that Media Mail/Library Mail
have a very low cost coverage, so it plans to increase the prices for
this product by an overall percentage greater than the cap. However,
the Postal Service maintains that the prices for this product remain
relatively low, in recognition of its
[[Page 9367]]
``educational, scientific, cultural, and informational value.'' Id. The
Postal Service further notes that within this product, the prices for
the 5-digit presort categories increase by greater than the product
average. It asserts these categories currently receive discounts that
exceed avoided costs by more than is necessary, so the discounts are
accordingly reduced. Id.
Single-piece Parcel Post. The Postal Service plans to raise the
prices for single-piece Parcel Post slightly above the cap to improve
its cost coverage. It says that within this product, and consistent
with its approach in Docket No. R2006-1, it plans to increase intra-BMC
prices by more, on average, than inter-BMC prices. Id. It says the
overall average price increase is 5.79 percent for intra-BMC and 2.56
percent for inter-BMC, for a combined average increase of 3.30 percent.
Id. at 19-20.
The Postal Service adds that no intra-BMC base (machinable) prices
decrease, but says ``a handful'' of inter-BMC base prices decrease, by
up to 5 percent (Oversized, Zone 8). It also says that because non-
machinable Parcel Post parcels were on average smaller in FY 2007 than
in previous years, both the intra-BMC and inter-BMC nonmachinable
surcharges are reduced by 5 percent. Id. at 20.
Bound Printed Matter (BPM). The Postal Service plans to set BPM
prices below the price cap, to offset the larger increases in single-
piece Parcel Post and Media Mail/Library Mail, and to remain below the
price cap. Id. Within BPM, the prices for flats (which the Postal
Service identifies as primarily heavy catalogs) increase by a lesser
percentage than parcels (which primarily reflect order fulfillment).
The Postal Service says this continues, but does not conclude, the
shape-based de-averaging that began in Docket No. R2001-1, and that it
reflects the overall lower costs of processing and delivering flats, as
opposed to parcels, and is designed to encourage increased volume of
lower-cost, flat-shaped catalogs. Id.
In addition, the Postal Service says it increases the pound prices
for both parcels and flats ``to ensure better coverage of
transportation costs, particularly for short-distance mail pieces, and
to harmonize the BPM pricing structure with other Package Services
prices.'' The Postal Service says these changes lead to larger price
increases for heavier weight pieces, and for closer-in zones, and to
relatively smaller increases for some lighter pieces and pieces going
to farther zones. Id.
Dropship discounts. The Postal Service plans to reduce the dropship
discounts to destination bulk mail centers and destination sectional
center facilities, and to increase the discount to destination delivery
unit, on grounds that this will provide more efficient price signals.
It asserts that the first two discounts are too heavily discounted
relative to their avoided costs, while the third needs to be increased.
Id. at 21.
E. Special Services
The Postal Service identifies 11 Special Services products:
Ancillary Services; International Ancillary Services; Address List
Services; Caller Service; Change-of-Address Credit Card Authentication;
Confirm; International Reply Coupon Service; International Business
Reply Mail Service; Money Orders; Post Office Box Service; and Premium
Forwarding Service. The planned overall increase is 2.848 percent. Id.
The Postal Service did not present a product-specific table of
changes.\5\
---------------------------------------------------------------------------
\5\ The Errata supplies price charts that were missing from
Appendix A in the Postal Service's February 11, 2008 filing for the
following non-ancillary special services: 1515 Address List
Services; 1520 Caller Service; 1525 Change-of-Address Credit Card
Authorization; 1530 Confirm; 1545 Money Orders; 1550 Post Office Box
Service; and 1555 Premium Forwarding Service. The Errata also states
that three incorrect insurance fees have been identified on page 31
of 35 of Appendix A. It provides a revised page 31 with the correct
fees. The Postal Service says it will post amended or corrected
versions of all prices and fees in locations under the control of
the Postal Service.
---------------------------------------------------------------------------
The Postal Service states that for many Special Services, fee
increases were generally designed to be close to the percentage
increase in CPI-U, while maintaining consistency with historical
rounding constraints. Id. It says that Special Services affected by
this approach include Business Reply Mail; Certified Mail; Caller
Service; Address List Services (for example, List Correction and ZIP
Coding of mailing lists); Account Maintenance; Application and Mailing
Permit fees; Parcel Airlift Service; Post Office Boxes; Return Receipt
(the Green Card); electronic Signature Confirmation; Shipper Paid
Forwarding; and Special Handling. Id. The Postal Service states the
greater increases for Electronic Return Receipt and Return Receipt
After Mailing reflect their high value of service. Id. at 21, n.17.
Certified Mail. The Postal Service observes that Certified Mail has
a significant effect on the percentage increase for this class. It says
that the Certified Mail fee, with a nickel rounding constraint,
increases by 5 cents, or 1.9 percent. The Postal Service says this was
chosen, rather than the alternative increase of 10 cents, or 3.8
percent, because a 3.8 percent increase for Certified Mail, coupled
with its relatively large size, would have required many other fees
within Special Services to be priced well below the cap. The Postal
Service considers this contrary to the high value many of the other
fees provide. Id. at 22.
Address Correction Service (ACS). For ACS, the Postal Service says
the price increases are designed to address increased costs and reflect
the value this service provides. It states that two of the fees (the
One Code ACS ``additional notices'' fee for First-Class Mail letters
and the One Code ACS ``first two notices'' fee for Standard Mail
letters) increase by $0.01. Id. It says the additional notice fee for
Standard Mail increases by $0.03, paralleling the percentage increase
for First-Class Mail. It says no price changes are made to the Manual
and Electronic ``Other'' fees, to encourage better addresses. Id.
Certificate of Mailing. The Postal Service asserts that in
Certificate of Mailing, it designed fees for individual pieces to
increase by a percentage as close to the cap percentage as possible,
consistent with the historical nickel rounding constraint for this
special service. However, it increases fees for Certificates of Mailing
for bulk pieces slightly above the cap to reflect the low price
compared to a high value of service. Id.
Confirm. The Postal Service observes that there has been a recent
decrease in the number of end user subscribers for Confirm. It says
that the planned new prices nonetheless retain the existing unlimited
scan option, but that this tier receives a larger increase to reflect
the changing subscriber base. Id.
Insurance. The Postal Service states that the planned above-average
price increases for the $50.01 to $100 fee and the $100.01 to $200 fee
are intended to smooth the price relationships among the various
increments. It says the increase in the incremental fee reflects the
increased value of service provided as the item's value increases. Id.
at 22-23.
Registered Mail. The Postal Service plans to increase fees for
Registered Mail by an average of 7.3 percent to reflect the high value
of service offered, and to improve the very low cost coverage. Id. at
23.
Stamped Envelopes. The Postal Service does not plan to increase the
fees for single-piece stamped envelopes in recognition of the users of
these envelopes. It says it keeps the fees for plain envelopes in packs
of 500 as close to the cap as possible within the rounding constraints.
Fees for personalized envelopes, however, increase by more than the cap
to reflect
[[Page 9368]]
the convenience this service provides. Id.
Stamped Cards. The Postal Service plans to increase the fee for a
single Stamped Card by the minimum amount of $0.01, which is a 50
percent increase. It also increases the other Stamped Cards fees by 50
percent. Id.
Bulk Parcel Return Service. The Postal Service states that the
increase in the per-piece fee is similar to the general increase for
Standard Mail parcels, which comprises this category. Id.
Restricted Delivery, Collect on Delivery Notice of Nondelivery and
Alteration of Charges, and Money Order inquiries. The Postal Service
says the larger-than-average fee increases for these services reflect
their high value of service. Id.
International special services. The Postal Service says its general
approach to international special services has been to set fees for
those services that are similar to the fees for the equivalent domestic
service, and that it has followed this approach for International
Certificates of Mailing; International Registered Mail; International
Return Receipts; and International Restricted Delivery. Id. at 23.
VIII. Mail Classification Schedule Product Description Changes
The Postal Service addresses Sec. 3010.14(b)(9) in Part III of its
Adjustment Notice. Id. at 37-38. This rule requires that the Adjustment
Notice include all the changes to the product descriptions within the
MCS that are necessitated by the planned price adjustments. The Postal
Service provides the proposed MCS revisions in Appendix C. It notes
that the changes are based on the draft MCS it submitted on September
24, 2007 (as supplemented on November 20, 2007). Id. at 37. Revisions
are made to the MCS in Outbound Single-Piece First-Class Mail
International and in Outside County Periodicals.
International Mail. The MCS changes related to International Mail
reflect changes to the International Mail Manual (IMM) that expand the
number of country groups for First-Class Mail International to nine;
implement the new shape-based prices for letters, large envelopes
(flats), and packages (small packets); and apply the nonmachinable
surcharge to all nonmachinable letters, regardless of weight. The
Postal Service states that notice of the IMM changes is being placed on
https://www.USPS.com and will be published shortly in the Federal
Register. Id.
Outside County Periodicals. The Postal Service states that the MCS
revisions for this product reflect the changes to the Domestic Mail
Manual (DMM) required to implement 39 U.S.C. 3626(g)(4), which
authorizes the provision of a discount for the Outside County pieces of
a Periodicals publication having fewer than 5,000 Outside County
pieces, and at least one Within County piece. The Postal Service states
that the DMM changes implementing this new discount are being placed on
https://www.USPS.com and will be published shortly in the Federal
Register. Id. at 37-38.
IX. Ordering Paragraphs
It Is Ordered
1. The Commission establishes Docket No. R2008-1 to consider the
planned price adjustments in rates and fees for market dominant postal
products and services identified in the Postal Service's February 11,
2008 Notice of Market-Dominant Price Adjustment.
2. The Commission establishes a 20-day period for public comment on
the planned price adjustments. This period extends through March 3,
2008.
3. The Commission appoints Kenneth E. Richardson as officer of the
Commission to represent the interests of the general public in this
proceeding.
4. The Commission directs the Secretary of the Commission to
arrange for prompt publication of this notice in the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8-3163 Filed 2-19-08; 8:45 am]
BILLING CODE 7710-FW-P