FY 2010 Annual Compliance Report; Comment Request, 1521-1523 [2012-164]

Download as PDF Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. No significant hazards consideration comments received: No. mstockstill on DSK4VPTVN1PROD with NOTICES Nine Mile Point Nuclear Station, LLC, Docket No. 50–410, Nine Mile Point Nuclear Station, Unit 2 (NMP2), Oswego County, New York Date of application for amendment: May 27, 2009, as supplemented on August 28, 2009, December 23, 2009, February 19, 2010, April 16, 2010, May 7, 2010, June 3, 2010, June 30, 2010, July 9, 2010, July 30, 2010, September 16, 2010, October 8, 2010, October 28, 2010, November 5, 2010, December 10, 2010, December 13, 2010, January 19, 2011, January 31, 2011, February 4, 2011, March 23, 2011, May 9, 2011, June 13, 2011, July 15, 2011, August 5, 2011, August 19, 2011, September 23, 2011, October 27, 2011, and November 1, 2011. Brief description of amendment: The amendment changes the NMP2 Technical Specifications to increase the maximum steady-state reactor core power level from 3,467 megawatts thermal (MWt) to 3,988 MWt, which is an increase from the current license of approximately 15 percent. The proposed increase in power level is considered an extended power uprate. Date of issuance: December 22, 2011. Effective date: As of the date of issuance to be implemented within 90 days. Amendment No.: 140. Renewed Facility Operating License No. NPF–69: The amendment revises the License and TSs. Date of initial notice in Federal Register: October 10, 2009 (74 FR 53778). The supplemental letters dated August 28, 2009, December 23, 2009, February 19, 2010, April 16, 2010, May 7, 2010, June 3, 2010, June 30, 2010, July 9, 2010, July 30, 2010, September 16, 2010, October 8, 2010, October 28, 2010, November 5, 2010, December 10, 2010, December 13, 2010, January 19, 2011, January 31, 2011, February 4, 2011, March 23, 2011, May 9, 2011, June 13, 2011, July 15, 2011, August 5, 2011, August 19, 2011, September 23, 2011, October 27, 2011, and November 1, 2011, provided additional information that clarified the application and did not expand the scope of the application as originally noticed, and did not change the Nuclear Regulatory Commission staff’s initial proposed no VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 significant hazards consideration determination. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated December 22, 2011. No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 29th day of December 2011. For the Nuclear Regulatory Commission. Michele G. Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2012–124 Filed 1–9–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0002] Sunshine Federal Register Notice Nuclear Regulatory Commission. DATE: Weeks of January 9, 16, 23, 30, February 6, 13, 2012. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. AGENCY HOLDING THE MEETINGS: Week of January 9, 2012 Wednesday, January 11, 2012 10 a.m. Discussion of Management and Personnel Issues (Closed—Ex. 2 and 6) 1 p.m. Briefing on Proposed Rule to Revise the Environmental Review for Renewal of Nuclear Power Plant Operating Licenses (Part 51) (Public Meeting) (Contact: Jeremy Susco, (301) 415–2927) This meeting will be webcast live at the Web address: www.nrc.gov. Week of January 16, 2012—Tentative There are no meetings scheduled for the week of January 16, 2012. Week of January 23, 2012—Tentative There are no meetings scheduled for the week of January 23, 2012. 1521 This meeting will be webcast live at the Web address: www.nrc.gov. Week of February 13, 2012—Tentative There are no meetings scheduled for the week of February 13, 2012. * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415–1292. Contact person for more information: Rochelle Bavol, (301) 415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify Bill Dosch, Chief, Work Life and Benefits Branch, at (301) 415–6200, TDD: (301) 415–2100, or by email at william.dosch@nrc.gov. Determinations on requests for reasonable accommodation will be made on a caseby-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 ((301) 415– 1969), or send an email to darlene.wright@nrc.gov. Dated: January 5, 2012. Rochelle C. Bavol, Policy Coordinator, Office of the Secretary. [FR Doc. 2012–337 Filed 1–6–12; 4:15 pm] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. ACR2011; Order No. 1095] Week of January 30, 2012—Tentative There are no meetings scheduled for the week of January 30, 2012. FY 2010 Annual Compliance Report; Comment Request Week of February 6, 2012—Tentative ACTION: Thursday, February 9, 2012 9 a.m. Briefing on Status of Outreach and Educational Efforts with External Stakeholders Related to the Safety Culture Policy Statement (Public Meeting) (Contact: Diane Sieracki, (301) 415–3297) SUMMARY: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Postal Regulatory Commission. Notice. AGENCY: The Postal Service has filed an Annual Compliance Report on the costs, revenues, rates, and quality of service associated with its products in fiscal year 2011. Within 90 days, the Commission must evaluate that information and issue its determination E:\FR\FM\10JAN1.SGM 10JAN1 1522 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices as to whether rates were in compliance with title 39, chapter 36 and whether service standards in effect were met. To assist in this, the Commission seeks public comments on the Postal Service’s Annual Compliance Report. Comments are due: February 3, 2012. Reply comments are due: February 17, 2012. DATES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Commenters who cannot submit their views electronically should contact the person identified in FOR FURTHER INFORMATION CONTACT by telephone for advice on alternatives to electronic filing. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, stephen.sharfman@prc.gov or (202) 789–6820. SUPPLEMENTARY INFORMATION: Table of Contents mstockstill on DSK4VPTVN1PROD with NOTICES I. Introduction II. Overview of the Postal Service’s FY 2011 ACR III. Procedural Steps IV. Ordering Paragraphs On December 29, 2011, the United States Postal Service (Postal Service) filed with the Commission, pursuant to 39 U.S.C. 3652, its Annual Compliance Report (ACR) for fiscal year (FY) 2011.1 Section 3652 requires submission of data and information on the costs, revenues, rates, and quality of service associated with postal products within 90 days of the closing of each fiscal year. In conformance with other statutory provisions and Commission rules, the ACR includes the Postal Service’s FY 2011 Comprehensive Statement, its FY 2011 annual report to the Secretary of the Treasury on the Competitive Products Fund, and certain related Competitive Products Fund material. See, respectively, 39 U.S.C. 3652(g), 39 U.S.C. 2011(i), and 39 CFR 3060.20–23. In line with past practice, some of the material in the FY 2011 ACR appears in non-public annexes. The filing begins a review process that results in an Annual Compliance Determination (ACD) issued by the Commission to determine whether Postal Service products offered during FY 2011 are in compliance with applicable title 39 requirements. 1 United States Postal Service FY 2011 Annual Compliance Report, December 29, 2011 (FY 2011 ACR). Public portions of the Postal Service’s filing are available at the Commission’s Web site, https://www.prc.gov. VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 II. Overview of the Postal Service’s FY 2011 ACR Contents of the filing. The Postal Service’s FY 2011 ACR consists of a 72page narrative; extensive additional material appended as separate folders and identified in Attachment One; and an application for non-public treatment of certain materials, along with a supporting rationale filed as Attachment Two. The filing also includes the Comprehensive Statement, Report to the Secretary of the Treasury, and information on the Competitive Products Fund filed in response to Commission rules. This material has been filed electronically with the Commission, and some also has been filed in hard-copy form. Scope of filing. The material appended to the narrative consists of (1) domestic product costing material filed on an annual basis, summarized in the Cost and Revenue Analysis (CRA); (2) comparable international costing material, summarized in the International Cost and Revenue Analysis (ICRA); (3) worksharing-related cost studies; and (4) billing determinant information for both domestic and international mail. Id. at 2. Inclusion of these four data sets is consistent with the Postal Service’s past ACR practices. As with past ACRs, the Postal Service has split certain materials into public and non-public versions. Id. at 3. ‘‘Roadmap’’ document. A roadmap to the FY 2011 ACR appears in the form of library reference USPS–FY11–9. This document provides brief descriptions of the materials submitted, as well as the flow of inputs and outputs among them; a discussion of differences in methodology relative to Commission methodologies in last year’s ACD; a list of special studies; and, as required by Commission rule 3050.2, a discussion of obsolescence. Id. at 3–4. Methodology. The Postal Service says the scope of new methodologies has been minimized because it has placed heavy reliance on replicating the methodologies used most recently by the Commission. However, it observes that postal operations and data collection are not entirely static, so there are some minor changes. These are identified and discussed in a separate section of the roadmap document and in the prefaces to each of the appended materials. Id. at 5. Proposals for which the Postal Service has filed to change analytical principles since the filing of the FY 2010 ACR are identified and summarized in a table. Id. at 4–6. Generally, with respect to proposed changes that were pending resolution as of the date of the filing, the PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Postal Service prepared two versions of the materials for its ACR. Id. at 6.2 Market dominant product-by-product costs, revenues, and volumes. With one exception, costs, revenues, and volumes for all market dominant products of general applicability are shown directly in the FY 2011 CRA or ICRA. The one exception is International Reply Coupon Service. Id. at 8. Market dominant negotiated service agreements. The FY 2011 ACR presents information on market dominant negotiated service agreements (NSAs) in two ways. Id. at 9. First, on a fiscal year basis, it extracts revenue, cost, and volume data from the relevant CRA lines. These data are further disaggregated by individual NSA in library reference USPS–FY11–30. Second, library reference USPS–FY11– 30 also presents similar data for the NSAs by contract year. Id. This latter method is required by 39 CFR 3020.21(1) to allow net benefit calculations for NSAs that have discounts based on volume thresholds reached during a contract year. Id. Such net benefit calculations also appear in library reference USPS–FY11–30.3 Service performance. The Postal Service notes that the Commission issued rules on periodic reporting of service performance measurement and customer satisfaction in FY 2011. Responsive information appears in library reference USPS–FY11–29. Id. at 10–11. The Postal Service says it set aggressive on-time targets of 90 percent or above for all market dominant products and, overall, has been successful in continuously improving these scores. It asserts that its targets have already been met or exceeded for some products and in some districts, but says there are several instances where target scores have not yet been met at the national level. Specific reasons for these results are discussed in library reference USPS–FY11–29. Id. at 12. Customer satisfaction. The FY 2011 ACR discusses the Postal Service’s new approach for measuring customer experience and satisfaction; describes the new methodology and other 2 The three exceptions to this practice are with respect to Proposals Ten, Eleven, and Eighteen. Id. at 6–7. The Postal Service also identifies the reasons why it did not prepare two versions for these proposals in its ACR and requests that the Commission waive the requirements of 39 CFR 3050.10 with respect to these three proposals. Id. at 7. 3 The Postal Service notes that there is a distinction between the ‘‘net benefit calculations’’ and the data reported in the CRA line item for NSAs. The net benefit calculations are intended to isolate the incremental benefit of the NSA while the CRA reports the entire volume to the NSA, regardless of whether it is deemed ‘‘incremental.’’ Id. at 9. E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES changes; presents a table with survey results; and compares the results from FY 2010 to FY 2011. Id. at 10–13. Product analysis and other information. The FY 2011 ACR includes a detailed analysis of each market dominant product, including domestic NSAs in effect during FY 2011. Id. at 14–48. It also presents information responsive to 39 U.S.C. 3652(b) on worksharing discounts. Id. at 50–60. Competitive products. The FY 2011 ACR provides costs, revenues, and volumes for competitive products of general applicability in the FY 2011 CRA (or ICRA). For competitive products not of general applicability, data are provided in non-public library references USPS–FY11–NP2 and USPS– FY11–NP27. The FY 2011 ACR also addresses the competitive product pricing standards of 39 U.S.C. 3633. Id. at 60–64. Market tests; nonpostal services. The Postal Service also addresses the three market dominant market tests conducted during FY 2011, the two competitive market tests conducted during FY 2011, and nonpostal services. Id. at 64–68. With respect to the latter, it notes that in the last ACD, the Commission linked further reporting on nonpostal services to the approval of classification language in Docket No. MC2010–24, and that docket was still pending as of the end of FY 2011. The Postal Service states that it has attempted to improve its nonpostal services reporting in this ACR, but it considers the information it is providing as generally comparable to what it previously provided. Id. at 67. III. Procedural Steps Statutory requirements. Section 3653 of title 39 requires the Commission to provide interested persons with an opportunity to comment on the ACR and to appoint a Public Representative to represent the interests of the general public. The Commission hereby solicits public comment on the Postal Service’s FY 2011 ACR and on whether any rates or fees in effect during FY 2011 (for products individually or collectively) were not in compliance with applicable provisions of chapter 36 of title 39 (or regulations promulgated thereunder). Commenters addressing market dominant products are referred in particular to the applicable requirements (39 U.S.C. 3622(d) and (e) and 3626); objectives (39 U.S.C. 3622(b)); and factors (39 U.S.C. 3622(c)). Commenters addressing competitive products are referred to in 39 U.S.C. 3633. The Commission also invites public comment on the cost coverage matters VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 the Postal Service addresses in its filing; service performance results; levels of customer satisfaction achieved; progress toward goals established in the annual Comprehensive Statement; and such other matters that may be relevant to the Commission’s review. Comments on these topics will, inter alia, assist the Commission in developing appropriate recommendations to the Postal Service related to the protection or promotion of the public policy objectives of title 39. Access to filing. The Commission has posted the publicly available portions of the FY 2011 ACR on its Web site, https://www.prc.doc. Comment deadlines. Comments by interested persons are due on or before February 3, 2012. Reply comments are due on or before February 17, 2012. The Commission, upon completion of its review of the FY 2011 ACR, public comments, and other data and information submitted in this proceeding, will issue its ACD. Those needing assistance filing electronically may contact the Docket Section supervisor at (202) 789–6846 or via email at PRC–DOCKETS@prc.gov. Inquiries about access to non-public materials should also be directed to the Docket Section. Public representative. Kenneth E. Richardson is designated to serve as the Public Representative to represent the interests of the general public in this proceeding, assisted by Lawrence Fenster and Elena Patel. Neither the Public Representative nor any additional persons assigned to assist him shall participate in or advise as to any Commission decision in this proceeding other than in their designated capacity. IV. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. ACR2011 to consider matters raised by the United States Postal Service’s FY 2011 Annual Compliance Report. 2. Pursuant to 35 U.S.C. 505, the Commission appoints Kenneth E. Richardson as officer of the Commission (Public Representative) in this proceeding to represent the interests of the general public. 3. Comments on the United States Postal Service’s FY 2011 Annual Compliance Report to the Commission, including the Comprehensive Statement of Postal Operations and other reports, are due on or before February 3, 2012. 4. Reply comments are due on or before February 17, 2012. 5. The Secretary shall arrange for publication of this order in the Federal Register. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 1523 By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2012–164 Filed 1–9–12; 8:45 am] BILLING CODE 7710–FW–P RAILROAD RETIREMENT BOARD Sunshine Act Meeting Notice Notice is hereby given that the Railroad Retirement Board will hold a meeting on January 18, 2012, 10 a.m. at the Board’s meeting room on the 8th floor of its headquarters building, 844 North Rush Street, Chicago, Illinois, 60611. The agenda for this meeting follows: Portion open to the public: (1) Executive Committee Reports. The person to contact for more information is Martha P. Rico, Secretary to the Board, Phone No. (312) 751–4920. Dated: January 4, 2012. Martha P. Rico, Secretary to the Board. [FR Doc. 2012–299 Filed 1–6–12; 11:15 am] BILLING CODE 7905–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, January 12, 2012 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Paredes, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session. The subject matter of the Closed Meeting scheduled for Thursday, January 12, 2012 will be: Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1521-1523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-164]


=======================================================================
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POSTAL REGULATORY COMMISSION

[Docket No. ACR2011; Order No. 1095]


FY 2010 Annual Compliance Report; Comment Request

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Postal Service has filed an Annual Compliance Report on 
the costs, revenues, rates, and quality of service associated with its 
products in fiscal year 2011. Within 90 days, the Commission must 
evaluate that information and issue its determination

[[Page 1522]]

as to whether rates were in compliance with title 39, chapter 36 and 
whether service standards in effect were met. To assist in this, the 
Commission seeks public comments on the Postal Service's Annual 
Compliance Report.

DATES: Comments are due: February 3, 2012.
    Reply comments are due: February 17, 2012.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://www.prc.gov. Commenters who cannot submit their 
views electronically should contact the person identified in FOR 
FURTHER INFORMATION CONTACT by telephone for advice on alternatives to 
electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
stephen.sharfman@prc.gov or (202) 789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Overview of the Postal Service's FY 2011 ACR
III. Procedural Steps
IV. Ordering Paragraphs

    On December 29, 2011, the United States Postal Service (Postal 
Service) filed with the Commission, pursuant to 39 U.S.C. 3652, its 
Annual Compliance Report (ACR) for fiscal year (FY) 2011.\1\ Section 
3652 requires submission of data and information on the costs, 
revenues, rates, and quality of service associated with postal products 
within 90 days of the closing of each fiscal year. In conformance with 
other statutory provisions and Commission rules, the ACR includes the 
Postal Service's FY 2011 Comprehensive Statement, its FY 2011 annual 
report to the Secretary of the Treasury on the Competitive Products 
Fund, and certain related Competitive Products Fund material. See, 
respectively, 39 U.S.C. 3652(g), 39 U.S.C. 2011(i), and 39 CFR 3060.20-
23. In line with past practice, some of the material in the FY 2011 ACR 
appears in non-public annexes.
---------------------------------------------------------------------------

    \1\ United States Postal Service FY 2011 Annual Compliance 
Report, December 29, 2011 (FY 2011 ACR). Public portions of the 
Postal Service's filing are available at the Commission's Web site, 
https://www.prc.gov.
---------------------------------------------------------------------------

    The filing begins a review process that results in an Annual 
Compliance Determination (ACD) issued by the Commission to determine 
whether Postal Service products offered during FY 2011 are in 
compliance with applicable title 39 requirements.

II. Overview of the Postal Service's FY 2011 ACR

    Contents of the filing. The Postal Service's FY 2011 ACR consists 
of a 72-page narrative; extensive additional material appended as 
separate folders and identified in Attachment One; and an application 
for non-public treatment of certain materials, along with a supporting 
rationale filed as Attachment Two. The filing also includes the 
Comprehensive Statement, Report to the Secretary of the Treasury, and 
information on the Competitive Products Fund filed in response to 
Commission rules. This material has been filed electronically with the 
Commission, and some also has been filed in hard-copy form.
    Scope of filing. The material appended to the narrative consists of 
(1) domestic product costing material filed on an annual basis, 
summarized in the Cost and Revenue Analysis (CRA); (2) comparable 
international costing material, summarized in the International Cost 
and Revenue Analysis (ICRA); (3) worksharing-related cost studies; and 
(4) billing determinant information for both domestic and international 
mail. Id. at 2. Inclusion of these four data sets is consistent with 
the Postal Service's past ACR practices. As with past ACRs, the Postal 
Service has split certain materials into public and non-public 
versions. Id. at 3.
    ``Roadmap'' document. A roadmap to the FY 2011 ACR appears in the 
form of library reference USPS-FY11-9. This document provides brief 
descriptions of the materials submitted, as well as the flow of inputs 
and outputs among them; a discussion of differences in methodology 
relative to Commission methodologies in last year's ACD; a list of 
special studies; and, as required by Commission rule 3050.2, a 
discussion of obsolescence. Id. at 3-4.
    Methodology. The Postal Service says the scope of new methodologies 
has been minimized because it has placed heavy reliance on replicating 
the methodologies used most recently by the Commission. However, it 
observes that postal operations and data collection are not entirely 
static, so there are some minor changes. These are identified and 
discussed in a separate section of the roadmap document and in the 
prefaces to each of the appended materials. Id. at 5.
    Proposals for which the Postal Service has filed to change 
analytical principles since the filing of the FY 2010 ACR are 
identified and summarized in a table. Id. at 4-6. Generally, with 
respect to proposed changes that were pending resolution as of the date 
of the filing, the Postal Service prepared two versions of the 
materials for its ACR. Id. at 6.\2\
---------------------------------------------------------------------------

    \2\ The three exceptions to this practice are with respect to 
Proposals Ten, Eleven, and Eighteen. Id. at 6-7. The Postal Service 
also identifies the reasons why it did not prepare two versions for 
these proposals in its ACR and requests that the Commission waive 
the requirements of 39 CFR 3050.10 with respect to these three 
proposals. Id. at 7.
---------------------------------------------------------------------------

    Market dominant product-by-product costs, revenues, and volumes. 
With one exception, costs, revenues, and volumes for all market 
dominant products of general applicability are shown directly in the FY 
2011 CRA or ICRA. The one exception is International Reply Coupon 
Service. Id. at 8.
    Market dominant negotiated service agreements. The FY 2011 ACR 
presents information on market dominant negotiated service agreements 
(NSAs) in two ways. Id. at 9. First, on a fiscal year basis, it 
extracts revenue, cost, and volume data from the relevant CRA lines. 
These data are further disaggregated by individual NSA in library 
reference USPS-FY11-30. Second, library reference USPS-FY11-30 also 
presents similar data for the NSAs by contract year. Id. This latter 
method is required by 39 CFR 3020.21(1) to allow net benefit 
calculations for NSAs that have discounts based on volume thresholds 
reached during a contract year. Id. Such net benefit calculations also 
appear in library reference USPS-FY11-30.\3\
---------------------------------------------------------------------------

    \3\ The Postal Service notes that there is a distinction between 
the ``net benefit calculations'' and the data reported in the CRA 
line item for NSAs. The net benefit calculations are intended to 
isolate the incremental benefit of the NSA while the CRA reports the 
entire volume to the NSA, regardless of whether it is deemed 
``incremental.'' Id. at 9.
---------------------------------------------------------------------------

    Service performance. The Postal Service notes that the Commission 
issued rules on periodic reporting of service performance measurement 
and customer satisfaction in FY 2011. Responsive information appears in 
library reference USPS-FY11-29. Id. at 10-11. The Postal Service says 
it set aggressive on-time targets of 90 percent or above for all market 
dominant products and, overall, has been successful in continuously 
improving these scores. It asserts that its targets have already been 
met or exceeded for some products and in some districts, but says there 
are several instances where target scores have not yet been met at the 
national level. Specific reasons for these results are discussed in 
library reference USPS-FY11-29. Id. at 12.
    Customer satisfaction. The FY 2011 ACR discusses the Postal 
Service's new approach for measuring customer experience and 
satisfaction; describes the new methodology and other

[[Page 1523]]

changes; presents a table with survey results; and compares the results 
from FY 2010 to FY 2011. Id. at 10-13.
    Product analysis and other information. The FY 2011 ACR includes a 
detailed analysis of each market dominant product, including domestic 
NSAs in effect during FY 2011. Id. at 14-48. It also presents 
information responsive to 39 U.S.C. 3652(b) on worksharing discounts. 
Id. at 50-60.
    Competitive products. The FY 2011 ACR provides costs, revenues, and 
volumes for competitive products of general applicability in the FY 
2011 CRA (or ICRA). For competitive products not of general 
applicability, data are provided in non-public library references USPS-
FY11-NP2 and USPS-FY11-NP27. The FY 2011 ACR also addresses the 
competitive product pricing standards of 39 U.S.C. 3633. Id. at 60-64.
    Market tests; nonpostal services. The Postal Service also addresses 
the three market dominant market tests conducted during FY 2011, the 
two competitive market tests conducted during FY 2011, and nonpostal 
services. Id. at 64-68. With respect to the latter, it notes that in 
the last ACD, the Commission linked further reporting on nonpostal 
services to the approval of classification language in Docket No. 
MC2010-24, and that docket was still pending as of the end of FY 2011. 
The Postal Service states that it has attempted to improve its 
nonpostal services reporting in this ACR, but it considers the 
information it is providing as generally comparable to what it 
previously provided. Id. at 67.

III. Procedural Steps

    Statutory requirements. Section 3653 of title 39 requires the 
Commission to provide interested persons with an opportunity to comment 
on the ACR and to appoint a Public Representative to represent the 
interests of the general public. The Commission hereby solicits public 
comment on the Postal Service's FY 2011 ACR and on whether any rates or 
fees in effect during FY 2011 (for products individually or 
collectively) were not in compliance with applicable provisions of 
chapter 36 of title 39 (or regulations promulgated thereunder). 
Commenters addressing market dominant products are referred in 
particular to the applicable requirements (39 U.S.C. 3622(d) and (e) 
and 3626); objectives (39 U.S.C. 3622(b)); and factors (39 U.S.C. 
3622(c)). Commenters addressing competitive products are referred to in 
39 U.S.C. 3633.
    The Commission also invites public comment on the cost coverage 
matters the Postal Service addresses in its filing; service performance 
results; levels of customer satisfaction achieved; progress toward 
goals established in the annual Comprehensive Statement; and such other 
matters that may be relevant to the Commission's review. Comments on 
these topics will, inter alia, assist the Commission in developing 
appropriate recommendations to the Postal Service related to the 
protection or promotion of the public policy objectives of title 39.
    Access to filing. The Commission has posted the publicly available 
portions of the FY 2011 ACR on its Web site, https://www.prc.doc.
    Comment deadlines. Comments by interested persons are due on or 
before February 3, 2012. Reply comments are due on or before February 
17, 2012. The Commission, upon completion of its review of the FY 2011 
ACR, public comments, and other data and information submitted in this 
proceeding, will issue its ACD. Those needing assistance filing 
electronically may contact the Docket Section supervisor at (202) 789-
6846 or via email at PRC-DOCKETS@prc.gov. Inquiries about access to 
non-public materials should also be directed to the Docket Section.
    Public representative. Kenneth E. Richardson is designated to serve 
as the Public Representative to represent the interests of the general 
public in this proceeding, assisted by Lawrence Fenster and Elena 
Patel. Neither the Public Representative nor any additional persons 
assigned to assist him shall participate in or advise as to any 
Commission decision in this proceeding other than in their designated 
capacity.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. ACR2011 to consider 
matters raised by the United States Postal Service's FY 2011 Annual 
Compliance Report.
    2. Pursuant to 35 U.S.C. 505, the Commission appoints Kenneth E. 
Richardson as officer of the Commission (Public Representative) in this 
proceeding to represent the interests of the general public.
    3. Comments on the United States Postal Service's FY 2011 Annual 
Compliance Report to the Commission, including the Comprehensive 
Statement of Postal Operations and other reports, are due on or before 
February 3, 2012.
    4. Reply comments are due on or before February 17, 2012.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2012-164 Filed 1-9-12; 8:45 am]
BILLING CODE 7710-FW-P
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